Gill Laing

The Administration of Justice Act 1982 remains a significant and highly influential piece of legislation. Passed over four decades ago, the Act was brought in to reshape both procedural and substantive law, impacting areas ranging from the admissibility of evidence to the administration of estates. Prior to the Act, the legal landscape faced numerous challenges, characterised by outdated practices that no longer met the demands of a modernising society. Today, the Act’s provisions continue to resonate, playing a critical role in the everyday application of justice in the UK. In this guide, we delve into the impact of the Administration of…

Moving house is often cited as one of life’s most stressful experiences. But it’s also the start of your next chapter – a chance for a fresh start and new adventures. With so much happening on moving day, it pays to be organised and to prepare well. With the logistical aspects of your move under control, you’re less likely to face last-minute surprises and stresses. And should anything go awry on the day, you’ll have a better handle on how to deal with it. Planning your move is not just about packing boxes. Your to-do list is likely to include everything from hiring a removal…

During the summer of 2023, conveyancing solicitors in a working group questioned the belief that introducing a property logbook would streamline the conveyancing aspect of purchasing a home. In response, the Home Buying & Selling Group’s (HBSG) Logbook Working Group decided to initiate a new pilot to address the concerns raised by lawyers and conveyancers about the implementation and utility of a logbook. A primary concern was clarifying the definition of a logbook and establishing the essential information it should contain before a property is put on the market. The group unanimously agreed that all logbooks should consistently include the…

The latest figures from the Office for National Statistics (ONS) indicate that the inflation rate for March was 3.2%, a slight decrease from February’s 3.4%. This update comes after the Bank of England’s (BoE) decision to maintain the interest rate at 5.25%. With inflation showing a downward trend, there is less pressure on the BoE to implement additional rate hikes as the UK economy progresses towards recovery. Following the BoE’s decision to pause interest rate increases, the UK mortgage market has improved which could mean good news for conveyancing and conveyancing solicitors. In the past week, major lenders such as…

Trade and representative organisations from the conveyancing, legal, surveying, estate agency, and property management industries, including the Conveyancing Association, unveiled the latest version of the BASPI—Buyer’s and Seller’s Property Information form on March 28th, 2024. The BASPI is crafted by the upfront information working group within the Home Buyers and Sellers Group (HBSG) and acts as a comprehensive dataset containing essential property information required when a property is listed for sale. The BASPI is organised into two sections: Part A and Part B. Part A discloses material facts mandated by regulations, and Part B encompasses additional details needed for legal…

The Law Society of England and Wales has introduced a revised TA6 Property Information Form, aligning with the National Trading Standards’ guidelines on essential property information. This updated form includes details recommended by the National Trading Standards Estate and Letting Agency Team (NTSELAT) for property listings, urging sellers to involve their solicitors early in the sales process. According to Law Society President Nick Emmerson, this early involvement can help identify and address potential sale delays. The enhanced TA6 form is designed to improve the information flow from the marketing phase through the conveyancing legal processes, potentially decreasing transaction times and…

Parliamentarians are set to scrutinise the roles of conveyancers, the provision of upfront information, and referral fees in a comprehensive examination of the property transaction process. The House of Commons’ Levelling Up, Housing, and Communities Committee has called for submissions, seeking insights into various facets of property buying and selling mechanics, information availability and delivery, and conveyancing practices. Key questions posed by the committee include whether consumers possess adequate information to choose a conveyancer effectively, the potential establishment of a legally binding professional standard for property agents, the effects of referral fees, and whether purchasers are well-informed at crucial decision-making…

The Land Registration Act 1925 is not currently law in the UK, having been largely repealed and replaced by the Land Registration Act 2002. However, the provisions of the Land Registration Act 1925 remain a cornerstone of property law in the United Kingdom, providing the groundwork for subsequent legal advancements in land registration and property management. Enacted to simplify the process of buying, selling, and mortgaging property, the Act introduced a centralised system that replaced the previously cumbersome deeds registration system that had been in place. The legislation aimed to create a more transparent and efficient method of land registration…

Buying a house is a significant milestone in anyone’s life, filled with excitement, decisions, and, inevitably, paperwork. In the UK, the journey from starting your search to receiving the keys to your new home is complex and requires careful planning and understanding. The process itself begins with financial preparation, where understanding your budget and securing mortgage pre-approval are crucial first steps. Next, embarking on the search for your ideal home involves considering various factors such as location, property type, and the use of estate agents and property websites. Once you’ve found a property that feels like home, the buying process…

With its myriad of legal, economic, and technological facets, the UK conveyancing sector presents a complex landscape that reflects broader trends in property dynamics and economic conditions. It brings together a broad range of stakeholders, including solicitors and conveyancers, as well as mortgage lenders, estate agents, and government bodies. Regulatory changes, economic fluctuations, and technological advancements influence the operational and competitive landscapes of this sector. It is directly linked to the health of the housing market, with demand for services rising and falling in tandem with property sales volumes. As such, the conveyancing market serves as a barometer for economic…

Enacted during the reign of Charles II, the Statute of Frauds 1677 continues to influence UK contract law today. The Statute of Frauds introduced the requirement for certain types of contracts to be written and signed to be legally enforceable. Its aim was to prevent frauds and perjuries that were common in verbal contract disputes at the time, thereby bringing a new level of formalism to English law. This statute’s significance extends far beyond its historical context, influencing not only the development of contract law in the United Kingdom but also in many other jurisdictions around the world. Its principles…

Choosing a conveyancing solicitor is a critical step in any property transaction, ensuring compliance with legal standards and safeguarding your interests as a client. The conveyancing process is intricate and fraught with potential pitfalls, making the expertise of conveyancing solicitors invaluable. As qualified and regulated professionals, they help clients navigate the complex terrain of laws, regulations and paperwork that make up the legal process of transferring property ownership. Please read our extensive guide to the conveyancing process here >> While the conveyancing market in the UK offers a vast range of options for property buyers and sellers, finding the right…

Conveyancing is the legal process of transferring property ownership from one party to another. It is the procedure that must be followed whenever a property is bought or sold in the UK, ensuring that the transfer of ownership is completed effectively, with the buyer receiving a clear title and the seller fulfilling all legal obligations. Conveyancing is rarely straightforward. Despite thousands of properties going through conveyancing each day, it remains a hugely complex process, from dealing with the various parties involved, including HM Land Registry (HMLR), to managing stamp duty payments. The conveyancing market in the UK has continuously adapted…

Selling alcohol to underage customers is a legal offence which can result in unwanted penalties for the premises licence holder. Through Challenge 25, responsible licensees can reduce the risk of breaking the law and having enforcement action taken against them. What is Challenge 25? Challenge 25 is a policy whereby anyone buying alcohol who appears to be below 25 is asked to provide an acceptable form of ID to verify their age. By raising awareness as to the illegality of underage sales, with both staff and customers alike, the scheme is aimed at reducing underage drinking. The Challenge…

As a pub landlord or other licence holder, it’s important to understand the law relating to children in pubs and other licensed premises. Breaking the law in this area can have serious consequences for you and your business. Are children allowed in pubs? In the UK, pubs and other licensed premises must follow the conditions set under their individual premises licence. The premises licence may include any or all of the following: a. Restrictions on the hours when children may be present. b. Restrictions on the parts of the premises to which children under a certain age may…

Cyber Essentials Certification offers a crucial standard for UK businesses seeking to enhance their cyber security. It provides a clear framework for organisations to protect themselves against many of the most common cyber threats.  By adhering to the guidelines and controls outlined in Cyber Essentials, businesses can significantly mitigate the risk of cyber incidents, showcasing their commitment to security to customers, partners, and stakeholders. The certification, therefore, serves as a badge of trust and an essential tool in the fight against cyber threats, aligning with the National Cyber Strategy to bolster the UK’s cyber resilience. Section A: Cybersecurity Risks…

Software licensing in the UK governs the use of software businesses purchase or use.  Software products generally have a licence agreement that dictates what users can and cannot do with the software. Typically, you must agree to the terms of a software license either upon installation or at the first use.  Ensuring you have the correct licences is critical for legal use, and you can also save money by purchasing only what you need . Understanding these legal and compliance aspects is essential. Mismanagement or ignorance of software licensing can lead to legal issues, including prosecution for illegal software use.…

In the UK, technology law encompasses the legal principles and regulations that govern the development, distribution, and use of technology and digital services.  This area of law is critical in the digital age as it addresses a wide range of issues, from intellectual property rights to data protection, e-commerce, and cybersecurity.  With the rapid pace of technological advancement, technology law plays a pivotal role in ensuring that creators and consumers are protected and that innovation is fostered within a legal framework that promotes growth and fairness. Section A: The Role of Technology Law in the UK  1. Significance…

Whether you are selling your business because you want to retire, you had always planned to sell once your business reached a particular size, or it’s just not working for you anymore, what do you need to do, and what considerations should you bear in mind?  The complexity of the UK market, with its unique legal, financial, and regulatory landscapes, necessitates a well-thought-out approach to ensure business owners can navigate the myriad challenges and opportunities presented during the sale process. Strategy and preparation are paramount for securing a successful and profitable sale when planning to sell a business in the…

A management buyout (MBO) is a form of business exit in which the business owner sells the company’s assets and operations to the existing management team. This type of acquisition is distinctive because the company’s existing managers become its new owners, which can foster a more substantial commitment to the business’s success and continuity. MBOs are often financed through a combination of personal equity from the management team and external financing from banks, private equity firms, or seller financing. Often, a management buyout is viewed more favourably within the business than alternative forms of exit, such as trade sales, because…