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Relief from forfeiture – assisted dying

November 2024 | Wills, probate and administration

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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HMLR – PG6

November 2024 | Conveyancing

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 …

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HMLR – requisitions

November 2024 | Conveyancing

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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Procedure – Criminal Procedure Rules

November 2024 | Crime

Practitioners should note recent changes to the Criminal Procedural Rules which came into force from 7 October 2024 (made by the Criminal Procedure (Amendment No. 2) Rules 2024). The Criminal Procedure Rules and PD 2020 includes those changes, which are: Replaced: Parts 36 (appeals to the CA) and 43 (appeal or reference to the SC) …

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Employment Rights Bill – overview

November 2024 | Employment

The government has set out its proposals for sweeping employment rights changes. The bill was introduced to the House of Commons on 10 October 2024. Consultation is proposed in 2025. Most reforms will take effect no earlier than 2026. Some of the headline proposals include: banning zero hours contracts; banning fire and rehire; introducing basic …

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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 …

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ET – claimant’s representative

November 2024 | Employment

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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Dismissal – not proportionate

November 2024 | Employment

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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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 …

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Guidance – advocacy in the youth court

November 2024 | Crime

Practitioners will welcome new Law Society guidance on advocacy in the youth court. Children are particularly vulnerable, and may be in care and have complex needs. The guidance provides a ‘basic introduction’ to working with children in the youth justice system, and signposts readers to regulatory guidance and several further resources. The guidance follows last …

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