Stamp duty aftershock triggers rollercoaster ride for conveyancers ahead of Brexit vote – Legal Futures

Posted August 25th, 2016 in conveyancing, news, stamp duty, taxation by sally

‘Conveyancing activity in Q2 followed a rollercoaster journey with transactions jumping by almost a quarter (24%) year-on-year – up from 230,430 to 286,425 – as completions were registered following the rush to beat the Stamp Duty Land Tax (SDLT) changes for buy-to-let properties and second homes on 1 April 2016, according to the latest edition of the Conveyancing Market Tracker from Search Acumen, the search provider.’

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Legal Futures, 25th August 2016

Source: www.legalfutures.co.uk

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Offline conveyancers could face stamp duty penalties – Law Society’s Gazette

‘Solicitors could face penalties for not filing stamp duty returns online, under proposed government reforms to the conveyancing process.’

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Law Society’s Gazette, 15th August 2016

Source: www.lawgazette.co.uk

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Who regulates? – Competition and regulation in the legal sector – Legal Futures

Posted July 7th, 2016 in competition, consumer protection, conveyancing, legal services, news by sally

‘Regulation is put into place because markets are not perfect. Legal services are infrequent purchases for most people, so the asymmetry of knowledge and power between provider and consumer is especially marked.’

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Legal Futures, 6th July 2016

Source: www.legalfutures.co.uk

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Fraud victims outside London have ‘little chance’ of police help – Daily Telegraph

Posted July 6th, 2016 in conveyancing, fraud, internet, London, news, police, solicitors, statistics, victims by Mark L

‘Fraud victims outside London whose cases are reported to the police have “little chance of any kind of investigation”, an authoritative study has found.’

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Daily Telegraph, 6th July 2016

Source: www.telegraph.co.uk

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One in three cases of “solicitor fraud” not even looked at, police admit – Daily Telegraph

Posted July 4th, 2016 in conveyancing, fraud, news, police, solicitors, statistics by michael

‘One in three cases of conveyancing fraud – where victims lose an average of £101,000 – is not even passed on to the police for further investigation, Telegraph Money has learned.’

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Daily Telegraph, 3rd July 2016

Source: www.telegraph.co.uk

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Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures

‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’

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Litigation Futures, 24th June 2016

Source: www.litigationfutures.com

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Judge caps Law Society’s “disproportionate” £640k costs in defending competition claim – Legal Futures

Posted June 24th, 2016 in budgets, conveyancing, costs, Law Society, news, proportionality, quality assurance by tracey

‘The Law Society’s budgeted costs of £637,000 to defend the competition law action brought over its Conveyancing Quality Scheme (CQS) are disproportionate and should be capped at nearly half of that, the president of the Competition Appeal Tribunal has ruled.’

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Legal Futures, 24th June 2016

source: www.legalfutures.co.uk

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It has a “T” mark so I own the boundary – Park Square Barristers

Posted June 2nd, 2016 in boundaries, conveyancing, land registration, news by sally

‘As most properties now have registered titles, the starting is to look to the Register for the boundary. However – this is subject to two obvious pitfalls:

1. The boundary is a “general boundary” unless it has been fixed (and few boundaries are fixed);
2. The start point was, is and will remain, the conveyance that divided the plot out – ie the first division from a larger piece. This may have been many years before – often over 100 years before.’

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Park Square Barristers, 25th May 2016

Source: www.parksquarebarristers.co.uk

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Don’t Overlook Overeaching – Tanfield Chambers

Posted April 26th, 2016 in banking, constructive trusts, conveyancing, interest, mortgages, news by sally

‘The case of AIB Group (UK) plc v Turner [2015] EWHC 2994 (Ch), heard over a number of days in the Birmingham District Registry towards the end of 2015, is something of a puzzle.’

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Tanfield Chambers, 22nd April 2016

Source: www.tanfieldchambers.co.uk

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Conveyancers on both sides held liable for fraud in landmark case – Legal Futures

Posted April 19th, 2016 in breach of trust, contracts, conveyancing, fraud, money laundering, news, solicitors by sally

‘The conveyancers on both sides of a property fraud have been found jointly liable for the £470,000 loss suffered by the buyer.’

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Legal Futures, 18th April 2016

Source: www.legalfutures.co.uk

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New flood protections give rise to conveyancing fears – Law Society’s Gazette

Posted April 5th, 2016 in conveyancing, insurance, news, water by sally

‘New flood protections for homeowners will make the conveyancing process more complex, solicitors have been warned.’

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Law Society’s Gazette, 4th April 2016

Source: www.lawgazette.co.uk

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Strengthening the foundations of land ownership – Law Commission

Posted March 31st, 2016 in consultations, conveyancing, fraud, land registration, Law Commission, news by sally

‘The Law Commission is reviewing the legal framework that governs the registration of land in England and Wales. In a consultation opening on Thursday 31 March the Commission – the independent body that advises government on law reform – is asking how the Land Registration Act 2002 is working in practice and whether there are opportunities for the system to be clarified and updated.’

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Law Commission, 31st March 2016

Source: www.lawcom.gov.uk

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Land registration law up for review – Law Society’s Gazette

Posted March 31st, 2016 in consultations, conveyancing, fraud, land registration, Law Commission, news by sally

‘A new formula for determining which of two innocent parties of a land fraud should keep the property in question is among proposals for reform of the legal framework governing land registration in England and Wales to be published today.’

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Law Society’s Gazette, 31st March 2016

Source: www.lawgazette.co.uk

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Land Registry can sue conveyancers for mortgage misrepresentations, High Court rules – Legal Futures

‘The Land Registry can sue a former law firm for negligent misrepresentation in not checking whether a mortgage discharge form was genuine, the High Court has decided.’

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Legal Futures, 29th March 2016

Source: www.legalfutures.co.uk

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Here come the new lawyers – CLC sets out plans for probate practitioners and technicians – Legal Futures

‘Plans to create three new breeds of lawyer – probate practitioners, conveyancing technicians and probate technicians – are being published today by the Council for Licensed Conveyancers (CLC).’

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Legal Futures, 15 February 2016

Source: www.legalfutures.co.uk

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Conveyancing solicitors acting for both sides must report crucial details to lenders, appeal judges rule – Legal Futures

Posted November 13th, 2015 in conveyancing, disclosure, mortgages, news, solicitors, valuation by tracey

‘Solicitors acting for both sides in property transactions are under a duty to disclose crucial details to lenders, the Court of Appeal has ruled..’

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Legal Futures, 13th November 2015

Source: www.legalfutures.co.uk

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Professional Negligence: Let the Client Decide what matters – 36 Bedford Row Property Blog

‘The High Court has given a reminder of the important qualification to the general principle that a lawyer, or licensed conveyancer, is not obliged to undertake investigations that are not expressly or impliedly requested by the client. The principle is subject to the qualification that: if in fact a solicitor acquires information that may be of importance to a client; then it is the duty of the solicitor to bring that information to the attention of the client. It is the client who decides whether the information is important; the lawyer should not presume to make that decision. Failing to consider information, to advise the client or even pass on such information to the client can be costly. It is safer to communicate too much rather than too little.’

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36 Bedford Row Property Blog, 27th October 2015

Source: www.36property.co.uk

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Blackstone’s Statutes: top legislation – OUP Blog

Posted September 28th, 2015 in conveyancing, EC law, human rights, leases, legislation, mental health, news by sally

‘With the recent publication of the 2015-2016 editions of the Blackstone’s Statutes series, we asked some of the authors to select a piece of legislation from the series that has the most impact on their subject area.’
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OUP Blog, 28th September 2015

Source: www.oupblog.com

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Boundaries And The Interpretation Of Conveyances: Myths And Legends – No. 5 Chambers

Posted December 3rd, 2014 in boundaries, conveyancing, dispute resolution, evidence, interpretation, news by sally

‘The aim of this seminar is to examine a number of commonly held misconceptions about boundary interpretation – “the myths” – and to look at one or two legends along the way.’

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No. 5 Chambers, 28th November 2014

Source: www.no5.com

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Compensation Fund could pay the price after High Court buy-to-let ruling – Legal Futures

‘The Solicitors Compensation Fund could be hit by a new wave of property claims after a High Court ruling on two test cases relating to a buy-to-let scheme.’

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Legal Futures, 7th November 2014

Source: www.legalfutures.co.uk

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