The Law Society of England and Wales meaning

It is important to establish whether or not the land is or may be contaminated: to comply with the Law Society’s practice note on contaminated land—see Practice Note: Land contamination—Law Society practice note on contaminated land; because it could present a risk to human health; and because a buyer may face a statutory requirement to remediate under the Environmental Protection Act 1990, Pt IIA. While Pt IIA is intended as a last-resort mechanism (with remediation far more often secured through planning conditions when contaminated land is brought forward for (re)development), if liability under Pt IIA is imposed the cost of necessary clean-up can be very significant. The Law Society’s practice note advises that, when acting for a buyer, mortgagee or tenant, a solicitor should—unless instructed otherwise—undertake a CON 29 ‘Enquiries of local authority’ and an LLC1 ‘Requisition for local land charges search’ to establish whether the local authority has designated the land as contaminated. The acting solicitor should also ensure that...

What are the key issues property lawyers should consider in real estate finance transactions when acting for a funder? Understanding the deal’s nature and objective is crucial—above all, establish whether it is an investment facility or a development facility, as this will govern the principal matters to address. See further Practice Notes: Introduction to real estate finance—the lending structure, Real estate finance—development facilities—key features and Real estate finance—investment facilities—key features. Due diligence and investigating title At times a funder may instruct its solicitor to carry out first-hand due diligence; in that case, see Practice Notes: Property due diligence in corporate transactions, Reporting to a lender in an investment real estate finance transaction and Real estate in corporate transactions—overview. More typically, the funder will rely on a London Law Society (CLLS) certificate of title (Certificate) prepared by the borrower’s solicitor and reviewed by the funder’s own solicitor. See Practice Note: Guide to drafting or reviewing a certificate of title. Adverse effect on value When undertaking due...

What is neurodiversity? Neurodiversity is a collective term covering conditions like ADHD, the autism spectrum, dyscalculia, dyslexia and dyspraxia, which influence how someone experiences and engages with the world. Sensory stimuli can be overpowering for people with these profiles. Yet many are exceptionally bright when they can operate in ways that align with how their brain works. Society is increasingly recognising that it should adapt to include neurodiverse people, rather than expecting them to reshape themselves to fit in, so that they can participate fully in community life. These conditions are more prevalent than many realise and are often unidentified because individuals have learned to mask. Firms are placing greater focus on inclusion and diversity, and this checklist is intended to help them review their environment and make it as comfortable as possible for all clients. Environmental Factors Sensory distractions can hinder concentration and attention for neurodiverse individuals in certain office settings, so it is worth exploring whether reasonable adjustments could be introduced. The following checklist highlights...

In this issue: Criminal procedure and evidence Proceeds of crime Appeal and judicial review Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering International LexTalk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Court delays soar as backlogs break records Between April and June 2025, the criminal courts in England and Wales amassed an unprecedented caseload of almost 440,000, with incoming matters exceeding disposals and a system hampered by long-standing funding shortfalls. In response, the Ministry of Justice (MOJ), together with The Rt Hon David Lammy MP, confirmed extra resources to accelerate outcomes for...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Judicial review Constitutional and administrative law Equality and human rights Information law Subsidy control and state aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights The Cabinet Office has released an explanatory memorandum concerning the UK/EU TCA Partnership Council decision (COM(2024)297). The proposal sets out the EU’s stance in the Partnership Council on amending Annex 3 to the Trade and Cooperation Agreement between the EU and UK, which covers product-specific rules of origin. See: LNB News 15/11/2024 16. The House of Commons Library has issued a briefing on assimilated law reform, outlining the Labour government’s approach following the 2024 general election. The second statutory report, published in July 2024, notes that of the 6,735 items of retained EU law (REUL)...

In this issue: Key developments and horizon scanning Residential property Property management Property development Transferring property Property taxes Property in Scotland Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Law Society responds to Leasehold and Freehold Reform Bill amendments The Law Society has signalled its backing for newly tabled changes to the Leasehold and Freehold Reform Bill (which had its second reading on 27 March 2024—see the Trackers section below). The revisions would curb the sale of new leasehold houses and ensure every new home in England and Wales is freehold from day one, save in exceptional cases. Nonetheless, Law Society President, Nick Emmerson, noted that, without current moves to advance commonhold tenure, the Society supports the Law Commission’s 2011 recommendations to modernise freehold law, enabling houses on managed estates to be sold as freehold with greater ease, and he urged government...

This Practice Note offers practical direction on correctly executing documents when one or more parties to a contract are not physically together, often referred to as virtual signing or a virtual closing. The Law Society has brought together established materials covering: execution of documents by virtual means, use of electronic signatures, its ‘Tips on how to operate in practice’ concerning virtual execution and the use of e‑signatures, and Q&A on using electronic signatures and completing virtual executions, including ‘Our position on the use of virtual execution and e‑signature during the coronavirus (COVID‑19) pandemic’. We have assembled a comprehensive, interactive collection to help users identify and navigate the concepts and common issues involved in executing documents, including by virtual means. Each section or phase contains practical guidance, precedent clauses and Q&As relevant to that stage. For more information, see: Execution collection. Mercury Tax Case This guidance aligns with the Law Society’s position issued on 16 February 2010 in response...

This Practice Note examines enquiries before contract—also referred to as pre-contract enquiries, preliminary enquiries or standard enquiries—within residential conveyancing transactions. It proceeds on the basis that the parties have adopted the Law Society Conveyancing Protocol (2019) (the Protocol) and that the buyer’s conveyancer is additionally acting for a lender in line with the UK Finance Mortgage Lenders’ Handbook (the UKFML Handbook) or the Building Societies Association Mortgage Instructions (the BSA Instructions). See Practice Notes: The Law Society’s Conveyancing Protocol and Lenders' instructions—the UK Finance Mortgage Lenders' Handbook and the Building Societies Association Mortgage Instructions. Why raise enquiries? At common law, the guiding doctrine is ‘caveat emptor’—‘let the buyer beware’—so a seller has only a limited duty to disclose information about the property. It is principally for the buyer to ensure they understand what they are purchasing, including the nature of the property and any rights or liabilities that may attach to it. Accordingly, a buyer’s conveyancer raises enquiries before contract to secure information about the property...

This Practice Note is aimed at law firms regulated by the Solicitors Regulation Authority (SRA). It sets out the SRA’s supervisory and enforcement powers under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, as amended (MLR 2017), and how these have been broadened by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). A separate Practice Note explains how to get through an SRA anti-money laundering (AML) inspection: How to survive an SRA AML inspection. For wider guidance on the SRA’s supervision and enforcement roles, see the following Practice Notes: SRA’s supervision function SRA’s enforcement function SRA enforcement strategy Regulatory status of the SRA under the AML regime The MLR 2017 designate professional bodies with responsibility for AML supervision. The Law Society is the named supervisor for solicitors and law firms in England and Wales, but it delegates regulatory functions to the SRA, so the SRA is responsible for ensuring the solicitors and...

Dear [ insert organisation name ] [ name ] Deceased (the Deceased) We represent [ name ], who is [ the residuary beneficiary under the Deceased’s Will dated [ date ] OR a beneficiary on the intestacy of the Deceased ]. Larke v Nugus statement You may know that, since 1959, the Law Society has advised that, when the validity of a Will is contested, the testator’s solicitor ought to provide a statement of evidence detailing the instructions for preparing and executing the Will, together with the surrounding circumstances...

This Guide provides an overview of the steps involved in buying a home. It is designed to give you a straightforward outline of the conveyancing process, spanning the period from acceptance of an offer through to completion of your purchase. 1 Mortgage decision in principle Before you start viewing, you may secure a mortgage decision in principle indicating the sum you could borrow. With this in place, you can submit an offer on a property. This gives a useful estimate of affordability at this stage. 2 Property offer accepted Once the seller agrees to your offer, the property is removed from the market for sale at that time. 3 Mortgage offer You then receive a formal mortgage offer, commonly arranged through a broker in due course. 4 Solicitors instructed At this stage, you must appoint a conveyancer (and the seller will do the same). Solicitors,...

1 General information Date of annual review [ Insert date ] Person conducting annual review [ Insert name ] 2 Review and findings Do your client care letter and/or terms of business meet the information obligations set out in: the SRA Standards and Regulations the Legal Ombudsman’s Scheme Rules guidance issued by the Law Society See Practice Note: Client care letter and terms of business—information requirements. ☐ Yes ☐ No If no, add an action in section 3 below to resolve this. Do your client care letter and/or terms of business include the appropriate cancellation wording where the Consumer Contracts Regulations 2013 apply ☐ Yes ☐ No If no, set an action in section 3 below to address this. Do your client care letter and/or terms of business include a statement of your commitment to equality and diversity, and inform clients they may request a copy of your...