All Feature articles – Page 76
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Doing your duty
The Office of the Public Guardian published new guidance in March for professionals who are appointed to act as an individual’s attorney under an LPA. But do you completely understand your duties? Holly Miéville-Hawkins remind us of the key responsibilities and considerations
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Standing strong
When you’re faced with a particularly challenging client, it can be daunting to think about either asking them to change their behaviour, or ceasing to act for them. But, says Gary Richards, sometimes this is exactly what you need to do
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Quality street
A new quality assurance process has been introduced for Conveyancing Quality Scheme member firms. Atif Ali, head of the CQS technical assessment team, explains the changes
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Taxing issue
The Criminal Finances Act 2017 introduces new offences of the failure to prevent facilitation of tax evasion, fundamentally changing the compliance and anti-money laundering requirements imposed on law firms and clients. Hugo Daniel Lodge explains
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In the family
The ‘Bank of Mum and Dad’ is now one of the top 10 mortgage lenders. So how should you advise clients receiving funds from family, and when should you advise them to consult a family lawyer? Jo Edwards , Jamie Gaw and Anna Jassani explain.
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Under control?
Do you know that your law firm is a data controller under the new General Data Protection Regulation, and you must comply with them, or face fines of up to €20m or four per cent of your annual global turnover? Owen O’Rorke provides a beginner’s guide to compliance
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Keep it clean
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations came into force on 26 June. Pearl Moses looks at some of the new requirements for property practitioners
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Ringing alarm bells
A number of recent cases around vacant possession have addressed some interesting issues which fall outside standard definitions. Is vacant possession given up if the tenant did not return keys or left an alarm on at the premises? Nicholas Taggart considers
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Above water
Flood Re has been in force for over a year, but it isn’t a panacea: many properties are excluded, and premiums will continue to rise even for those included. Sue Highmore outlines when, how and what you should advise clients around flood risk
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Q&A with Bahare Heywood
Bahare Heywood answers our questions about the challenges of risk at a large international firm.
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Beware offensive communications - here’s why
Mena Ruparel considers the SRA’s new warning notice and how your ethics should inform your communications.
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Safe Harbour advice - sample questions
One of the key benefits of membership is access to our ‘Safe Harbour’ initiative, providing written guidance to compliance officers on the materiality of a breach. Here we offer some examples of our written guidance to members.
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The benefits of collecting business-to-business debts
July saw the eagerly anticipated publication of Lord Justice Jackson’s views on fixed costs. As with any set of proposals, there will ultimately be winners and losers.
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A case of mutual wills
Lesley King discusses mutual wills and Legg v Burton v Burton [2017] EWHC 2088 (Ch).
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Hourly rates in retainers: Kerry Underwood on Vilvarajah
Kerry Underwood discusses Vilvarajah v West London Law Limited [2017] EWHC 23, in which a senior costs judge slashed costs after deeming a CFA unreasonable and unfair to the client.
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New criminal offence of failure to prevent the facilitation of tax evasion
A new corporate criminal offence of failing to prevent the facilitation of tax evasion comes into force on 30 September - yet many still seem not to know about it. In advance of a longer article in the November edition of PS, Stuart Adams explains why private client practitioners must ...
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Helping hands: SBA - the Solicitors’ Charity
Sue Ellis explains how SBA - the Solicitors’ Charity can support solicitors in time of need.
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Back to Basics: Funding of care fees
Melinda Giles and Fiona Heald outline the three main ways government will assist with care fees for a person going into care – through the local authority; NHS continuing healthcare; and section 117 funding – and explain when it is possible to claim, how to claim, and what is and ...
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At your discretion
Some commentators have suggested people will not be able to benefit from the new residence nil-rate band allowance if they include discretionary trusts in their wills. But Stephen C Haggett argues that flexible will trusts are still an invaluable part of estate planning