What’s the correct response to a query from the OPG as to whether an LPA was validly executed? The MoJ has provided helpful if perhaps surprising guidance that solicitors are not legally obliged to response to OPG enquiries. The courts have already provided guidance on what’s expected of certificate providers. In TA v The Public …
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All practitioners should note new powers designed to combat fraud that the Treasury announced on 3 October 2024. From the end of October 2024, banks will have new powers to delay and investigate payments that are suspected of being fraudulent. Banks can delay payments by 72 hours where there are reasonable grounds to suspect a …
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The EAT has allowed an interesting appeal which considered the behaviour of the claimant’s representative. The claimant was dismissed from a project management job in 2020 after less than a year in the role and brought claims including racial and sexual harassment and whistle blowing. The ET described the behaviour of the claimant’s representative as, …
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Given the upcoming parliamentary debate and vote on assisted dying in England, this case has particular resonance. The High Court has granted H relief from the forfeiture rule following his wife’s assisted suicide in Switzerland. Their two children had been present during her assisted death but the court concluded that their presence did not constitute …
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There are some important changes afoot for CLC regulated practices. On 21 October 2024, they announced: ‘Proposed changes by the Council for Licensed Conveyancers (CLC) to its Code of Conduct have been approved by the Legal Services Board (LSB) and will take effect from January 1, 2025. Last reviewed in 2011, the CLC closed a …
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The EAT has allowed an appeal which enabled a claimant to amend her claim to add a claim of vicarious liability. The case summary is as follows: ‘Practice and procedure The claimant asserted in her ET1 that she had been dismissed having by reason of her having made protected disclosures. An ET refused an amendment …
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HMLR has issued two blogs in an attempt to connect with conveyancers to help bring down the number of requisitions. HMLR makes the point that these do contribute to the current HMLR delays in processing times. The ten most common ‘avoidable’ requisitions are: variations in names; missing information; plans and descriptions; identity; missing evidence; type …
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The EAT has allowed an appeal relating to Equality Act 2010 complaints. The case summary states: ‘Disability Discrimination The claimant was employed in a delivery role at the respondent’s Hendon Delivery Office in London. Owing to disability he became unable to perform outdoor duties and was given supernumerary indoor duties. In February 2018 he was …
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Continuing the theme of updating practice guides to tell conveyancers what they arguably should already know, HMLR has updated section 4 of PG6 (devolution on the death of a registered proprietor) to clarify the guidance in the third paragraph in section 4 concerning the death of a joint proprietor where the legal estate vests in …
In the notable case of Stack v Dowden [2007]), Baroness Hale said an express declaration of trust is conclusive unless varied by subsequent agreement or affected by proprietary estoppel. However, she did not expressly state that such subsequent agreement must comply with formal legal requirements. So, must a ‘subsequent agreement’ comply with the requirements of …
Continue reading “Financial remedies – matrimonial property”