This case involved a family, two farms and promises made to one of the sons that he would inherit a farm. His parents (both now deceased) bought both farms during their marriage and owned them in equal shares. After agricultural college, RA worked with his parents in their farming business, overseeing operations at one of …
Continue reading “Proprietary estoppel – new will unconscionable”
Property practitioners will be aware of the furore created by the Law Society’s proposed update of the Property Information Form to the 5th edition. This update incorporates the material information requirements which estate agents are supposed to have been advertising since November 2023. The Law Society told CQS firms that using the updated form would …
Continue reading “TA6 changes – delayed again”
Conveyancing firms will not be surprised to read that the most risks revealed by the SRA AML report (above) relate to property work. The SRA states: ‘The area where we continue to see the most risks relating to money laundering is conveyancing. 73% of the SARs we submitted to the National Crime Agency during the …
New mandatory disregards to the financial eligibility tests for criminal legal aid have been introduced (under The Civil and Criminal Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2024). From 20 November 2024, applications for criminal legal aid made from that date are affected. Clients already receiving legal aid (and paying legal aid contributions) …
Continue reading “Legal aid – means testing”
Whistleblowing continues to be a hot topic and the EAT has recently heard a case involving the interesting mix of a research scientist, whistleblowing and Oxford University. The case summary is as follows: ‘C was employed by the R1 as a senior post-doctoral research scientist in R2’s lab on a series of fixed-term contracts the …
Continue reading “EAT – whistleblowing”
Note that from 2 December 2024 HMLR is changing its address. This might not seem that significant as most firms will use the portal but remember that HMLR will require original deeds to be sent to it for first registrations from 1 October 2024 (see our November edition (p8)). So, the HMLR postal address will …
Continue reading “HMLR – address change”
The family court transparency pilots now encompass public and private law cases in the magistrates’ court across all 19 pilot areas. From 4 November 2024, accredited media may now report on such proceedings, subject to strict conditions on anonymity. Magistrates will make transparency orders limiting what can be reported. Practitioners should also note that the …
Continue reading “Transparency scheme pilots – magistrates court”
In these private children proceedings, the court made a s8 order in an exceptional case: the child (C) was 17 years old. He had cerebral palsy and experienced associated physical and communication limitations. M was his main carer but was ‘wholly negative’ about F. At times, C expressed a clear wish to see F but …
Continue reading “Children – older child’s wishes and feelings”
HMLR has announced in a blog dated 14 November 2024 that it is simplifying the registration of personal covenants. The idea is to make such entries more consistent – the entry will appear thus: A [deed] dated [date] contains positive and/or indemnity covenants. Note: Copy filed. HMLR states that: ‘We will make this entry regardless …
Continue reading “HMLR – personal covenants”
In excluding evidence as inadmissible hearsay, the trial judge had erred in law in principle. At issue in this case was whether certain evidence was inadmissible hearsay. The four defendants are awaiting trial for money laundering offences. The case against them is that they purchased Apple gift cards to launder the proceeds of frauds perpetrated …
Continue reading “Evidence – hearsay”