Property practitioners may feel that advising on climate risk should be outside the scope of the average conveyancing retainer and that there is little more to be said on the subject. But the Law Society has announced a consultation on ‘Climate risk and conveyancing’. The Law Society issued its guidance on client change in April …
Continue reading “Climate risk – consultation”
At issue on a case management appeal in private Children Act proceedings was whether a female expert should be instructed. The court had granted permission for an expert, who was male, to undertake a global psychological assessment of a 12-year-old boy and the parents. M’s application for this to be varied or discharged was refused. …
Continue reading “Experts – male psychologist”
The Construction Leadership Council has issued guidance for duty holders and accountable persons on the ‘golden thread’ requirements under the BSA 2022. The scope of the guidance is as follows: ‘The golden thread is a legal requirement for a higher-risk building (HRB) under the Building Safety Act 2022 and supporting secondary legislation. Guidance on the …
Continue reading “BSA – guidance”
The LA was refused an application for a placement order in respect of a four-year-old child. The decision was made at a final hearing where the court considered three realistic options: rehabilitation to the mother; long-term foster care; and adoption. In the guardian’s view, it was a finely balanced case, but while the court refused …
Continue reading “Placement order – balancing the options”
HMLR has updated PG 35: corporate insolvency. Section 7.7 has been updated to confirm when HMLR will consider an application for cancellation of a restriction on a freehold title in favour of a dissolved management company: ‘7.7 Restrictions in favour of dissolved companies 7.7.4 Cancellation of the restriction Where the restriction is no longer required …
Continue reading “HMLR – PG 35”
The HC has heard a case brought by a trustee in bankruptcy relating to varying an express declaration of trust. The facts involve a couple, a divorce and a bankruptcy, but at its heart is the purchase of a property by a couple. When they purchased it in 2001, they declared on the transfer that …
Continue reading “Declaration of trust – varying”
The HC has heard a case which should prompt conveyancing practitioners to read the judgment and review their standard mortgage reports. The case involved the taking over of now-defunct Northern Rock’s mortgage loan book following the collapse of the former during the 2008 financial crash. The judge summarised the position thus: ‘1. In the early …
Continue reading “Lenders – SVR”
The SC has heard a case which will be of interest to many property practitioners as it involves right to manage (RTM) companies. The press summary is as follows: ‘Background to the Appeal This appeal concerns the operation of the regime in the Commonhold and Leasehold Reform Act 2002 (the “CLRA”) under which qualifying tenants …
Continue reading “RTM – process”
Suspending a sentence was unlawful as the sentence was too short under the legislation. D was sentenced after failing to surrender to his bail on time for the start of his trial. At trial, he was acquitted of assault offences but for his breach of the Bail Act, he was given a sentence of seven …
Continue reading “Sentencing – suspended sentence unlawful”
The government has updated its guidance Understanding and addressing the health risks of damp and mould in the home. This is of importance to practitioners advising landlord clients, and the guidance makes it clear that landlords should respond to reports of damp and mould and should take a proactive approach to reduce the risk of …
Continue reading “Tenancies – damp and mould”