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 …
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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 …
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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 …
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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 …
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D appealed a sentence imposed for several Class A drug offences. She was sentenced to 54 months’ imprisonment, just a month after giving birth. For three of those offences, she was sentenced to 38 months for each (to run concurrently). She appealed on the basis that: Her role in the offences had been mischaracterised and …
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HMLR has announced an increase of some of its fees. This will affect practitioners beyond just conveyancing. Firms must take account of the additional fees to ensure that they are not left short on disbursements when they come to close their files. HMLR has announced as follows in a recent blog: ‘From Monday 9 December, …
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The EAT has heard an interesting case regarding the interplay between a compromise agreement and a disability discrimination claim. The case summary states: ‘Summary Disability discrimination The Employment Tribunal (“ET”) struck out the claimant’s claims for disability discrimination (direct, indirect and disability related discrimination) on the basis that they were precluded by a compromise agreement …
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The HC has heard a case involving the service of proceedings. The case involved a probate claim, but the context is not relevant to the point regarding service. The defendant’s solicitors indicated to the claimant’s solicitors that they were authorised to accept service of proceedings, but this was missed by the claimant’s solicitors. Accordingly, they …
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The issue of disability discrimination features heavily in employment cases, so it is useful to see how it is handled. In a recent case, the EAT had to consider the timing of a person’s disability. The case summary is as follows: ‘Summary Disability discrimination The Claimant brought two claims in the employment tribunal in which …
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Practitioners should always be alive to the possibility of conflicts of interest arising. The SRA has recently fined a solicitor for such a breach. The solicitor acted for two clients where one of them relinquished the beneficial ownership of their property to the other. There was a conflict of their interests and no substantially common …
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