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ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) as part of Brexit preparations, establishing a new category of domestic legislation. It denotes the collection of EU‑derived rules preserved and converted into UK law under the EU(W)A 2018 (as amended) at the end of the post‑Brexit transition period (IP completion day). For background on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading on the underlying legislation, see: Practice Note: Brexit—key legislation explained News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a broad, complex legal term defined by the EU(W)A 2018. It covers anything that continues to form part of domestic law on or...
Barclays Bank UK plc v Terry [2023] EWHC 2726 (Ch) What are the practical implications of this case? This ruling illustrates how the court approaches rectification of the register where a mistake stems from a unilateral error by one party. It also matters more broadly, as the framework for addressing mistakes continues to have general reach, and the judgment touches on procedural aspects concerning witness statements and representative actions that practitioners will find of enduring relevance. What was the background? As part of a programme to streamline its mortgage portfolio, Barclays Bank plc undertook a long-term IT initiative to locate mortgages that had been redeemed but not formally discharged. The exercise identified over 41,000 mortgages. After review, the bank marked them as discharged on its system and sent automated applications to the Land Registry. Only once approximately 25,900 charges had been removed did the bank realise—following numerous customer enquiries—that more than 5,100 charges...
This Practice Note outlines the legislative foundation, character and role of the definitive map and statement that a highway authority must maintain for the public rights of way within its area, under the Wildlife and Countryside Act 1981 (WCA 1981). It describes the authority’s obligation to keep the map and statement under continual review, to update and amend them when needed, and the events and orders that will necessitate alteration of the map and statement. It also details the procedures for making a modification order, whether commenced by the authority or prompted by an application to the authority from another party. It clarifies what triggers a review and how alterations are implemented. Statutory basis and effect Each highway authority is required to compile, and keep under review, a definitive map and statement (DMS) of the public rights of way in its area. The map identifies the route and status of the highways. The statement specifies the alignment and width of the right of way, together with any limitations...
When an overseas company sets up an establishment in the United Kingdom to carry on business, it may need to register its particulars with Companies House in the UK. For details of the registration requirements, see Practice Note: Overseas companies with an establishment in the UK. The regime for registering an overseas company doing business in the UK is separate from the registration of overseas entities with an interest in UK property. For further information on the register of overseas entities that own UK property, established by the Economic Crime (Transparency and Enforcement) Act 2022 (EC(TE)A 2022), see Practice Notes: Register of overseas entities that hold UK property—fundamentals and The beneficial ownership register of overseas entities that own UK property. This Practice Note should be read alongside Practice Note: Overseas companies in the UK—winding up, liquidation, insolvency and closure. Alteration of registered particulars An overseas company that has been registered in the UK must deliver information to Companies House in relation to any alteration of the registered particulars...
Property transactions involving both private individuals and corporate entities face a heightened risk of targeting by fraudsters, so conveyancing lawyers must remain vigilant to possible warning signs. This Practice Note reviews the fraud prevention guidance and services issued by the Law Society and HM Land Registry, together with the scope for claims against practitioners for breach of retainer and breach of trust where a transaction proves fraudulent. Each firm should operate its own policies and procedures aimed at minimising fraud risk and fulfilling all applicable regulatory duties, and these must be observed at all times. Law Society’s practice note on property and registration fraud The Law Society and HM Land Registry have jointly produced a practice note on property and registration fraud. It reflects the Law Society’s view of good practice; whilst solicitors are not compelled to follow the guidance, the Law Society states that doing so will assist when accounting to oversight bodies for their decisions and conduct...
[ Insert date ] Dear [ insert name of addressee ] Register of People with Significant Control—Notice to a legal entity under section 790E of the Companies Act 2006 (the Act ) Interests in [ LLP ] [ rights ] We have reasonable grounds to suspect that a pertinent alteration has taken place to the particulars set out in relation to [ insert name of addressee ] on the PSC register of [ LLP ]...
1 I, [ name ], of [ address ], solemnly and sincerely declare that, following a conveyance (‘the Conveyance’) dated [ date ] made between (1) [ name of seller ] [ and (2) myself [ and my [ wife OR husband OR [ other ] ] ] ], [ I OR we ] obtained the freehold land (‘the Red Land’) registered under title number [ title number of declarant’s property ]. It is shown [ edged OR coloured OR hatched ] red on the plan now produced, shown to me, and marked ‘1’, which is attached to this declaration (‘the Plan’). The Red Land comprises the dwelling and garden located at [ address or other description ]. Upon completion of the transfer, [ I OR we ] took possession of the Red Land and have remained in continuous possession ever since. Shortly after completion, [ my OR our ] solicitors also submitted an application for [ me OR us ] to be registered as proprietor [ s ]...
[ Insert date ] Dear [ insert name of addressee ] Register of People with Significant Control—Notice to a legal entity under section 790E of the Companies Act 2006 (the Act ) Interests in [ Company ] [ type ] We have reasonable grounds to consider that a relevant alteration has taken place in the following particulars recorded in relation to [ insert name of addressee ] on [ Company ]’s PSC register...