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

Presented by Professor Lesley King

Private Client Update

This session will provide a review of current issues in Private Client Practice. The session will focus on good practice and avoiding pitfalls. The content will depend to some extent on developments in the next few weeks but is likely to include:

• The latest on the Trust Register

• The changes to the income tax treatment of low income estates and trusts

• Will making errors and how to avoid them

Working with the Residence Nil Rate Band

The Residence Nil Rate Band (RNRB) has been with us for some time now but there are a number of pitfalls. This session will provide a brush up on the legislation and highlight pitfalls and opportunities.

It will also deal with downsizing and how to calculate the allowance.

Simple steps to reduce IHT on death

Death and Taxes are the two certainties. This session will consider some straightforward ways to reduce the IHT Bill on death. It will look at the following:

• Using lifetime exemptions

• Normal expenditure out of income
• Gifts for family maintenance

• Getting the best out of business and agricultural property relief

• Loss on Sale Relief

• Lifetime gifts

- Opportunities and pitfalls

- Avoiding gifts with reservation of benefit

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.