‘New flood protections for homeowners will make the conveyancing process more complex, solicitors have been warned.’
Law Society’s Gazette, 4th April 2016
Source: www.lawgazette.co.uk
‘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.’
Law Commission, 31st March 2016
Source: www.lawcom.gov.uk
‘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.’
Law Society’s Gazette, 31st March 2016
Source: www.lawgazette.co.uk
‘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.’
Legal Futures, 29th March 2016
Source: www.legalfutures.co.uk
‘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).’
Legal Futures, 15 February 2016
Source: www.legalfutures.co.uk
‘Solicitors acting for both sides in property transactions are under a duty to disclose crucial details to lenders, the Court of Appeal has ruled..’
Legal Futures, 13th November 2015
Source: www.legalfutures.co.uk
‘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.’
36 Bedford Row Property Blog, 27th October 2015
Source: www.36property.co.uk
‘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.’
Full story
OUP Blog, 28th September 2015
Source: www.oupblog.com
‘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.’
Full story (PDF)
No. 5 Chambers, 28th November 2014
Source: www.no5.com
‘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.’
Legal Futures, 7th November 2014
Source: www.legalfutures.co.uk
‘The Chartered Institute of Legal Executives (CILEx) has won the approval of the House of Commons to grant its members rights to conduct reserved probate and conveyancing work.’
Legal Futures, 10th September 2014
Source: www.legalfutures.co.uk
‘A Devon firm has won an appeal against a £186,000 damages award for professional negligence following a conveyancing row with a former client.’
Law Society’s Gazette, 20th May 2014
Source: www.lawgazette.co.uk
‘The Court of Appeal has overturned a ruling which excused from liability a law firm which was duped into releasing £150,000 of mortgage funds.’
Legal Futures, 25th February 2014
Source: www.legalfutures.co.uk
‘The purpose of this article is to consider the increasingly common situation where purchasers buy property in their joint names, subject to an express declaration of trust, and where one party has contributed significantly more towards the purchase price (or may have provided all of the funds for the purchase). The same principles apply whether the purchase is by cohabitees, family members or friends.’
Zenith Chambers, 27th November 2013
Source: www.zenithchambers.co.uk
‘Law firms are facing thousands of claims for professional negligence over their involvement in “right to buy” work, it has emerged.’
Legal Futures, 27th November 2013
Source: www.legalfutures.co.uk
“There will be plenty of lawyers crowing over the failure of In-Deed Online. Expect a lot of ‘I told you so-ing’. It will be used as evidence that alternative business structures (ABSs) are flawed and that the much-heralded change in the legal market will prove to be a bust.”
Legal Futures, 3rd June 2013
Source: www.legalfutures.co.uk
“The conveyancing profession has always had to walk a difficult line in carrying out its day-to-day activities in property transactions. Not only are conveyancers required to be expert in all aspects of property related law, but they have a duty of care to everyone in the transaction (or so it seems). It can easily be the case that, despite a firm’s intentions to act in their client’s best interests, under outcomes-focused regulation, they can still be held liable for issues that arise. This responsibility, coupled with increasing regulation and compliance requirements, downward pressure on fees and on-going problems with access to lender panels, makes the conveyancing landscape more than a little challenging.”
New Law Journal, 18th April 2013
Source: www.newlawjournal.co.uk
Day and another v Day [2013] EWCA Civ 280; [2013] WLR (D) 129
“For the purposes of the doctrine of rectification in the case of a voluntary settlement it was the subjective intention of the settlor that was of relevance in determining whether the court should order rectification and an outward expression or objective communication of that intention was unnecessary in such a case.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
“Changes to the stamp duty land tax (SDLT) sub-sale rules announced as part of the draft Finance Bill ‘will introduce complexity and uncertainty into commercial transactions’ said John Christian, a property tax expert at Pinsent Masons, the law firm behind Out-law.com.”
OUT-LAW.com, 11th December 2012
Source: www.out-law.com
“It is said that there are more questions on the application form to be a member of a lender’s conveyancing panel than there are to join MI5. Whether or not that is true, it is clear that if you want to do a good job for your homebuying clients, and act for lenders as well as your clients in any conveyancing transaction, chances are you will have to go through onerous vetting procedures now required by banks and building societies to be on their panels of approved solicitors.”
Law Society’s Gazette, 1st November 2012
Source: www.lawgazette.co.uk
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