Lexcel—pre-assessment Lexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note provides guidance on how to apply and prepare for a Lexcel assessment. The Lexcel standard From November 2018, firms will be assessed against Lexcel v6.1. It is broken down into seven areas: • Structures and strategy • Financial management • Information management • People management • Risk management • Client care • File and case management To achieve accreditation, firms must demonstrate by way of an independent assessment that the standard is embedded into their firm's structures, policies and procedures. Firms that achieve the standard are then assessed annually to ensure continued compliance. Different types of assessment There are four types of assessments: • initial assessment • year 1 annual maintenance visit (AMV) • year 2 AMV • full reassessment Initial assessment This is a full assessment which requires you to demonstrate that the Lexcel requirements have been embedded in your firm for at least three months. The size of your firm will dictate: • how long your assessment will last • how many members of staff will be chosen for interview • how many files will be chosen for review The tables below are indicative only and the assessment body will decide how long your assessment should last etc. Fee earners
The Supreme Court—overview of the changes from the previous House of Lords regime [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. Introduction—the nature of the changes and transitional arrangements The guiding ethos behind the change to the Supreme Court was the desire to separate the judicial function of the House of Lords from its parliamentary arm. Additionally, there was a desire to open up the accessibility of the appeal system within the highest court of the land. These changes did not involve a wholesale change in terms of access per se. The routes to appeal to the Supreme Court remain as they were for the House of Lords. Overall, the changes are not substantive in scope with the exception, perhaps, of the inclusion within the new Supreme Court's remit of jurisdiction to hear matters concerning devolution issues (previously the jurisdiction of the Privy Council). Other than that, the changes are more stylistic in terms of updating the terminology, the style and feel of the procedure and the modernisation of the environment. The transitional arrangements for matters currently pending in the House of Lords are provided in SCR 55. This simply states that the new Rules apply to pending matters. No doubt the Registry has/will provide practitioners with cases pending with direct assistance regarding this. Changes in terminology The main
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Panel 4—Transferor [insert name of the registered proprietor] in administration) (the ‘Transferor’) acting by [any one of] its [joint] administrator [s], [insert name of [first] administrator] (Insolvency Practitioner) of [insert address] [and [insert name of second administrator] (Insolvency Practitioner) of [insert address]] (the ‘Administrator[s]’) Panel 9—Title guarantee The Transferor, being a company in administration, gives no covenants for title whether express or implied by the Law of Property (Miscellaneous Provisions) Act 1994, the Land Registration Act 2002 or otherwise Panel 11—Additional provisions 1 The Administrator[s] [was] [were] appointed [joint] administrator[s] of the affairs, business and property of the Transferor[, with the power to act
Transfer of part by way of exchange Precedent transfer Exchanges are now almost invariably effected by separate transfers, each containing the usual title guarantees given by ordinary sellers. There is no restriction on the nature or value of the properties exchanged. A freehold interest can validly be exchanged for a leasehold interest (IRC v Littlewoods Mail Order Stores [1962] 2 All ER 279, HL) and any necessary payment can be included by way of equality of exchange. An adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from the link on this page. Drafting notes to precedent transfer Panel 1—Title numbers If there are a number of properties, each title number should be listed alphanumerically and may be numbered starting with one, and each property listed in the same order as the title numbers and correspondingly numbered. Panel 3—Property description The optional wording is for use where the Property is unregistered. Where a plan accompanies the transfer, HM Land Registry requires detailed rules relating to the plan to be followed, otherwise the application for registration will be rejected. The rules are set out in HM Land Registry Practice Guide 40. HM Land Registry will reject plans that have not been signed by the parties. The rules provide for this in the case of a dealing with part of the land in a registered title and it is good practice
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Do you have guidance on the general implications for UK trade in services with the EU27 if the UK trades with the EU on World Trade Organization rules following a ‘no deal’ Brexit outcome in March 2019? For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to general trade in services between the remaining members of the EU (EU27) and the UK. This response does not focus on other legal, commercial and operational aspects which may be impacted by a ‘no deal’ Brexit in March 2019, such as (a) movement of people; (b) data protection; (c) intellectual property; (d) specific services, which may be subject to specific rules or arrangements (eg the insurance, banking and financial services or e-commerce sectors). Key guidance focusing on the WTO rules in a ‘no deal’ Brexit scenario includes: • Practice Note: International trade hub (in particular News Analyses: Post-Brexit trade-off—playing by the WTO rules and Brexit and the UK’s status in the WTO) • Practice Note: Brexit—UK tax consequences • Practice Note: Brexit—alternative UK trade models [Archived] The UK is due to exit the EU at 11 pm UK time on 29 March 2019. Following that date the UK/EU27 legal and commercial relationship may be subject to a Withdrawal Agreement (the draft text of which includes a transitional period, during which
Where the legal title to a property is held 100% in party A's name but B has a beneficial interest in the proceeds of sale by virtue of having contributed to the purchase price (or some other Trusts of Land and Appointment of Trustees Act 1996 claim), can party B apply to register a Restriction against the title? When B has made a contribution to the purchase price of property purchased in the name of A, a resulting or constructive trust arises; and it follows that the land is then held by A on trust for both A and B beneficially. B’s interest—which is ‘an interest under a trust of land’—cannot, however, be protected by the entry of a notice on the register for the title (section 33 of the Land Registration Act 2002 (LRA 2002)) so as to bind any purchaser of the title in the event that A, post-purchase, declines to satisfy B’s interest. However, note that an ‘equity by estoppel’ may be protected by notice from the time when the equity is claimed to have arisen; the application being made in form UN1. Therefore, consider whether, if the facts also
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This week's edition of Property Disputes weekly highlights includes: Upper Tribunal decisions regarding whether a site provider is entitled to require that safety and oversight measures be included in a Code agreement, on an application to modify or discharge a restrictive covenant and on whether the FTT had jurisdiction to determine that a service charge was less than an amount already conceded by the tenant, High Court cases where damages were awarded to a developer as a result of delays by an infrastructure company in carrying out remedial works and analysis of key arbitration decisions under the Commercial Rent (Coronavirus) Act 2022.
Dispute Resolution analysis: Banks around the world routinely transmit money into and out of New York, a global financial and commercial center. The Second Circuit's recent opinion in Daou v BLC Bank, S.A.L. serves as a reminder that New York courts will not open their doors and exercise personal jurisdiction over foreign banks absent a specific connection between the banks' activities in New York and a plaintiff's claims. Seth Kruglak, partner, Victoria Corder partner, Ashley Slater, associate at Norton Rose Fulbright analyse the recent judgment.
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