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SRA consultation – client money

December 2024/January 2025 | Professional

The SRA has launched a consultation on the sensitive topic of solicitors holding client money. The questions posed by the SRA are: Should we be looking at ways to reduce the client money held by solicitors? What controls, checks and balances are appropriate? How should payments from the profession be calculated and payments from the …

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Care proceedings – fresh evidence

December 2024/January 2025 | Family

An expert report obtained after a final hearing was not reliable or procedurally acceptable and was not permitted as fresh evidence on appeal. Care and placement orders were made in respect of a baby girl (T) whose parents had histories of alcohol problems. F also had criminal convictions. Two older children were living with grandparents …

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AML – risk

December 2024/January 2025 | Conveyancing

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 …

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Legal aid – means testing

December 2024/January 2025 | Crime

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) …

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EAT – striking out

December 2024/January 2025 | Employment

The ET has heard an interesting case regarding striking out. The case summary is as follows: ‘Following her dismissal for the given reason of gross misconduct the claimant in the employment tribunal brought wide-ranging legal complaints. At a preliminary hearing the tribunal struck out all of the complaints on various bases. The claimant appealed and …

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HMLR – address change

December 2024/January 2025 | Conveyancing

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 …

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Committal proceedings – sentencing; procedural defects

December 2024/January 2025 | Family

Fundamental defects in a suspended committal order prevented the court from activating it. The order for committal suspended for 18 months had been made against F following breaches of various return orders requiring him to procure the return of a child from Algeria to England. M applied for the order to be activated. The activation …

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LFRA 2024 – what is in force?

December 2024/January 2025 | Landlord and tenant – residential

The Leasehold and Freehold Reform Act 2024 will have a wide-ranging impact on the leasehold sector if it is brought fully into force. But there are aspects of the Act that are currently in force. From 24 July 2024: The Act abolishes the s121 LPA 1925 remedies for the ‘historic’ rent charges (which can no …

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HMLR – personal covenants

December 2024/January 2025 | Conveyancing

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 …

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Evidence – hearsay

December 2024/January 2025 | Crime

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 …

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