Conference Agenda

Family Law Key Developments

Presented by Safda Mahmood.

There have been many developments in 2023 relating to all aspects of family law and practice and which are continuing into 2024.

We have continued to embrace further ways of working and there had been the significant move towards digitilisation and online portals.

There have been continued developments in the area of divorce, children, finances and domestic abuse

This course will provide a comprehensive ‘round up’ of key principles and legal developments in family law and practice during 2023 and into 2024.

PLEASE NOTE: The 4 areas covered below do overlap and will be covered in the order set out below throughout the day with adequate breaks provided.

Divorce, Nullity and Separation Law and Practice – Nuts and Bolts!

Divorce, Dissolution and Separation Act – The essentials

Practical Aspects

Nullity and Separation

Private Children Law Developments

Section 8 Applications and Enforcement – Developments

Fact finding hearings – When and how?

Specific Issue and Parental Responsibility

Procedure and Case Law Update

Domestic Abuse Law and Developments

Developments in Procedure - The current position and what has changed?

Non -molestation and Occupation Orders – Developments

Enforcement and Participation

Personal Protection Order Developments

Financial Remedy and Cohabitation Law Cases – Key Principles and Developments

Use of Trusts and Estoppel

Running cases under TOLATA 1996

Use of Nuptial Agreements

Non- Disclosure

Conduct Issues in Financial Remedy Cases

Costs and Procedure

Procedural Changes

Wills & Probate Key Developments

Private Client Case Law Update

Presented by Julie Bell

This session will focus on cases across the whole gamut of private client from the last 12 months, providing summaries of the cases that every private client advisor needs to be aware of.

Inheritance Act Claims

Inheritance (Provision for Family & Dependants) Act 1975 claims can be both expensive and time consuming to deal with.

The number of cases continues to rise and often attract unwanted media attention. A harsher economic climate encourages claims from those disappointed with their lack of inheritance. With increasing numbers of cohabiting couples and blended families these claims are likely to increase.

• Recent case review including the courts view on costs

• What can be done to prevent claims

• Adult children – what is the current position

A Court of Protection Update 2024

Presented by Helen Forster

There have been some significant changes in the Court of Protection in the procedures for making applications and the information required. New deputy standards now apply across the board and a failure to use the right processes can result in huge delays with your applications.

This session will run through the numerous changes in place as the Court, up to date case law and the application processes to ensure that you manage this area as effectively as possible.

An Update on Wills

Wills are an ever changing area, and template documents always need to be updated in light of new case law and changes to statute. This last year has been no exception, and this session is intended to discuss the modernisation of wills and your processes to ensure that you prepare an advise correctly.

Residential Property Update

Presented by David Keighley.

David Keighley was admitted as a solicitor in 1982. Having done so part time whilst in practice, he is now renowned for using his extensive experience and understanding of practical conveyancing to cut through the academic niceties and make things relevant for the busy practitioner.

This full day seminar will provide a review of current issues impacting on Residential Property transactions.

The precise content of the session will depend on developments prior to the event but will look at recent case law and statutes and examine the implications for property law practitioners.

Issues covered may include:

• Building Safety Act 2022 Update
• The Updated formulae for Exchange of Contracts
• The “BASPI” Upfront Information
• Planning & Building Regulations
• Leasehold Reform
• Adverse possession of house by fraudster: Rashid v Nasrullah
• Contract by email: Neocleous v Rees
• Capital Gains Tax on Residential Property
• The 2023 Shared Ownership Lease
• Defining the Retainer: The Terms of Business Letter
• Law Society Climate Change Practice Note
• Miscellaneous Practice Points & Cases

Commercial Property Developments

Presented by Mark Shelton

Issues in Retail Lettings

Retail never stands still, and the Covid-19 pandemic accelerated existing trends to online retailing, and use of turnover rents for bricks and mortar retail. This session will consider the challenges of turnover rents, repurposing of vacant space, and other retail-specific issues.

• How to capture click-and-collect sales in a turnover lease?
• How relevant is the Competition Act to use clauses in retail leases?
• The enforceability of keep-open covenants
• The problems of fitting franchisee arrangements into the 1954 Act framework

High Street Rental Auctions

When the government indicated its intention to introduce rental auctions in relation to retail properties which had been vacant for a substantial period of time, a number of questions leapt to mind.

If a landlord intends to redevelop a property, will this exclude it from the scope of the scheme? If there is only one bidder, will the landlord be required to grant a lease at whatever rent the individual bidder is prepared to pay? How will service charges be dealt with? Would a landlord be permitted to favour a bidder that can produce a guarantor over one that cannot? Could a landlord choose to grant a lease to a bidder that is prepared to take a longer lease, but at a lower rent?

Now that the Levelling-Up and Regeneration Act is a reality, and the detail of the proposals is known, consideration can be given to these issues, and how to respond.

• What properties will fall within the scheme?
• What are the qualifying requirements?
• Are there effective avoidance mechanisms?
• What is the mechanism of the scheme, and how will it work?

Mixed-Use, Repurposing, and Issues for Neighbours, Landlords and Tenants

The law of private nuisance and restrictive covenants operates side-by-side with the planning system to control land use. While the planning system increasingly encourages flexibility and repurposing, private property rights tend to be more restrictive.

It is not just freehold rights, but also rights arising under leases, which may constrain the freedom of both landlords and tenants. Consent to change of use, derogation from grant, even repudiation of leases, may all play a part. The move to repurposing is undeniable, nevertheless, and urban areas are increasingly mixed-use.

Whether or not housing is provided in a mixed-use development, residential occupiers increasingly find themselves next to commercial uses, with potential for conflict, and this is underlined by the high-profile nuisance claims which regularly make their way to the Supreme Court.

• How modern case law has recast the law of nuisance
• The tension between public law and private law
• Modification and discharge of restrictive covenants, both freehold and leasehold
• Derogation from grant and repudiation of leases
• Remedies for landlords and tenants

Landlord and Tenant Act 1954 – Law Commission Review

The 1954 Act is marking its seventieth birthday. It has been subject to major reviews and reforms twice so far in its life, 1n 1969 and again in 2003. With a view to further improvements, the Law Commission has conducted a further consultation, and proposals for legislation may be expected.

Will anything radical result, or will it be tinkering with detail? There are plenty of problem areas to be considered, and in this session we will consider them, and what changes might usefully be made.

With a review of the 1954 Act under way, what are the problem areas in the light of caselaw, and what changes might there be? We will consider the contracting-out process, problems in fixing the rent, and routes to cost-effective renewal documentation.

• The contracting-out process
• Issues in the assessment of rent
• The dispute resolution process
• Cost-effective documentation in a market dominated by short-term lets

Caselaw round-up

This session will pick up on recent caselaw on commercial property, and consider the practical implications.