Issue: November 2024

HMLR – form DJP

November 2024 | Conveyancing

Form DJP is very useful as it is used to remove the name of a deceased joint proprietor from a register of title and removes the need to submit an entire AP1. This form has been updated to make it clear in the explanatory information that the form is only to be used where there …

This article is only available to subscribers.

HMLR – first registration

November 2024 | Conveyancing

In our September 2024 edition (p3) we reported on HMLR’s change of policy regarding first registration applications. PG1 (first registrations) has been updated to reflect this practice (4.4.4.1 provides that acceptance of certified copy deeds has now been withdrawn but does still apply to applications lodged prior to 1 October 2024 at HMLR and that …

This article is only available to subscribers.

Financial remedies – consent orders

November 2024 | Family

The trial judge had no power to strike out or otherwise summarily determine H’s application to set aside a consent order on grounds of W’s non-disclosure. She had come into a significant amount of money following the FDR but had not disclosed it. At issue was whether the court did have power to strike out …

This article is only available to subscribers.

Evidence – good character

November 2024 | Crime

The sentencing judge erred in excluding evidence of good character – but it had no impact on the appeal outcome. A was sentenced to two years eight months’ imprisonment following conviction of violent disorder. He appealed on several grounds. The prosecution followed a violent altercation between extended family members within two families during the National …

This article is only available to subscribers.

Procedure – litigation friends

November 2024 | Family

The office of the Official Solicitor and Public Trustee has published a new referral form to be used where the OS is proposed as Litigation Friend for family proceedings. It is not relevant to Children Act public law cases. The form is for solicitors to provide additional information about a child or protected party where …

This article is only available to subscribers.

Sentencing – days spent on curfew

November 2024 | Crime

How should a sentencing judge account for days spent on qualifying curfew? A was convicted of a drugs offence and failure to surrender to custody. He was sentenced to 50 months and four weeks in prison respectively (less 118 days spent in custody on remand). The offences were committed while he was subject to electronic …

This article is only available to subscribers.

Procedure – change of child’s name

November 2024 | Family

Family and children practitioners should note that HMRC recently issued revised forms for a child’s change of name by Deed Poll. The relevant forms are LOC022, LOC023, LOC024 and LOC026. The forms have seen several updates this year – the latest bring consistency with guidance for adults, and updated Welsh guidance. Source: www.gov.uk.

This article is only available to subscribers.

Sentencing – apportioning harm

November 2024 | Crime

A, now 47, was sentenced to a total of 18 years’ imprisonment following the historic sexual abuse of his sister when he was between the ages of around 14 to 19. The impact on the complainant was significant. Her victim personal statement explained how she suffered from PTSD, panic attacks, flashbacks, an eating disorder and …

This article is only available to subscribers.

Children – new evidence

November 2024 | Family

M was given permission to adduce new evidence which undermines the judge’s findings to such an extent that none of them can stand, the CA has ruled. The trial had made various findings as to the circumstances in which M’s children travelled without her from their Afghanistan home and came to be living in England …

This article is only available to subscribers.