Conference Agenda

Family Law Key Developments

Presented by Safda Mahmood.

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
• Procedure and Case Law Update - What has changed?
• Parental Responsibility
• Fact finding hearings – When and how?

Domestic Abuse Law and Developments

• Developments in Procedure
• Non -molestation and Occupation Orders – Developments
• Enforcement and Participation
• Personal Protection Order Developments and Pilots

Financial Remedy and Cohabitation Law Cases – Key Principles and Developments

• Use of Trusts and Estoppel
• Use of Nuptial Agreements
• Non- Disclosure
• Conduct Issues in Financial Remedy Cases
• Costs and Procedure
• Procedural Changes
• Running cases under TOLATA 1996

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. It will include the implications of the October Budget for planning and advising clients. The session will focus on good practice and avoiding pitfalls. The content will depend to some extent on future developments but is likely to include:

• The treatment of pension pots.
• The 50% relief on AIM shares.
• The cap on 100% BPR and APR.
• CGT planning in the light of the new rates and the ongoing reduction to the annual exemption.
• The latest on the Trust Register.

Will Drafting Issues

This session will look at common issues arising in relation to will drafting It will provide a brush up on fundamental points and highlight pitfalls and opportunities. It will include:

• Taking instructions, avoiding misunderstandings, troubleshooting for clients.
• Minimising the chances of successful I(PFD)A claims.
• The perils of Wills Act 1837, s33.
• IHT issues\; burden, grossing up, partly exempt transfers.
• Foreign property.

Dealing with Will Trusts

This will look at particular issues relating to nil rate band discretionary trusts and interest in possession trusts that can cause problems. These will include:

• Do the trusts have to be registered and, if so, when?
• Can trustees exercise powers in their own favour

IPDI trusts

• Consequences of terminating an IPDI during beneficiary’s lifetime.
• Is RNRB available on second death?
• Likelihood of challenge from surviving spouse/civil partner.
• Trustee losing capacity.
• What’s the difference between a right to occupy and a full life interest?
• Who has the remainder interest?

NRB discretionary trusts

• Should they be kept or wound up?
• Conflict of interests.
• Reducing the costs of administration.

Criminal Law Key Developments

Presented by Colin Beaumont.

1 – How long will the client actually serve in 2025?

The reduction from 50% to 40% for certain Determinate Sentence prisoners

Those prisoners who cannot benefit from the reduction from 50% to 40%

Does the length of the sentence matter?

Early release under the Home Detention Curfew Scheme – maximum benefit 365 days

Offenders who are excluded by Statute from entering the scheme

Offenders who are Presumed Ineligible and who must therefore make out a case

2 – Murder at the Police Station in 2025!

Disclosure issues

A 2^nd post mortem

Dealing with any defence by means of a prepared statement

Enhanced rates in the event of escaping the fixed fee

The length of detention pre-charge

Samples – both intimate and non-intimate

3 – Advising on Road Traffic offences in 2025

New guidelines on aggravated vehicle offences – effective 1^st April 2025

Overarching Guidelines on driver disqualification – effective 1^st April 2025

A recent decision on the ‘hip flask’ defence – who bears the burden?

The most recent decision on Probationary Drivers

Special reasons and the very interesting 2025 case of The King (on the application of Olins)

The ‘causal connection’ between the driving and the death – Supreme Court decisions

4 – The Billing of Criminal Legal Aid in 2025 – Statutory Instrument 2024 No. 1163

Changes to Police Station fees – non-London – with effect from the 6th December 2024

Changes to Police Station fees – London – with effect from the 6th December 2024

Payment for travel and disbursements when attending certain Police Stations

Greatly increased fees in the Youth Court when dealing with ‘Serious Offences’

The concept of the Additional Fee when claiming a non-standard fee on a CRM 7

The hourly rates of payment for Youth Court work

5 – Committals/Remittals/Sending’s in 2025

Committals for sentence – Sections 14 – 24 of the Sentencing Act 2020

Remittals from one Court to another – Sections 25 – 29 of the Sentencing Act 2020

Powers of the Crown Court Judge under Section 11 of the Judicial Review and Courts Act 2022

Sending’s under Section 51 of the Crime and Disorder Act 1998

Increased sentencing powers of Magistrates’ with effect from the 18th November 2024

Powers of the Crown Court when dealing with appeals against sentence – see Section 48 (4) of the Senior Courts Act 1981

6 – Case-law 2024/2025

Rex v Best – the Court of Appeal considering joint-enterprise

The DPP and Jinks – the High Court considering whether or not the proceedings had been instituted in time

Rex v Derie – the Court of Appeal considering the appropriate percentage reduction to reflect the age of the offender at the commission date of the offence

R v Garbutt – the Court of Appeal considering a case where the defendant was both committed for sentence and sent for trial

Rex v Khan – the Court of Appeal considering Qualifying Curfews

The Chief Constable of Cleveland Police and Jemmett – a very interesting case concerning the refusal to make a Domestic Violence Protection Order

7 – Children and Young People within the Criminal Justice System – a 2024/2025 update

Jurisdictional issues – dealing with indictable offences

Remands generally – local authority and youth detention accommodation (YDA)

Adults and youths jointly charged and appearing in the Adult Magistrates’ Court

Referral Orders – options for the Court if not imposing a Referral Order

Detention and Training Orders – amendments made by the Police Crime Sentencing and Courts Act 2022

Youths in the Crown Court – sentencing by the Crown Court judge or remittal to the Youth Court?

8 – Sentencing in 2025

Increased sentences for certain offences e.g. causing death by dangerous driving

Offenders of particular concern – the type of sentence that must be imposed

Dangerous offenders – the type of sentence that must be imposed

Minimum sentences – Youth Court/Adult Magistrates’ Court/Crown Court

Sentencing Guidelines – the very latest publication(s)

Custodial sentences – in all their forms

Residential Property Update

Presented by David Keighley.

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:

• The importance of defining the “Retainer”
• The Updated formulae for Exchange of Contracts
• Law Society Consultations
• Reporting to Clients
• Reporting to Lenders
• Adverse Possession
• Leasehold Reform
• Seller beware: Rosser v Pacifico & Buyer Beware: Co Mayo Estates Limited v Hidden Gem Limited
• Miscellaneous Practice Points & Cases

Commercial Property Developments

Presented by Anna Newport.

Strategic Overview of Market and Regulatory Changes.

Macroeconomic and Legislative Influences on Commercial Property Transactions:

Impact of economic trends like inflation and interest rate changes on commercial property investments and transactional strategies.

Key legislative changes shaping the sector, such as the Leasehold and Freehold Reform Act 2024, which introduces substantial adjustments to leasehold rights and ground rents.

Complexities in Lease Negotiations and Market Compliance.

Navigating Lease Break Clauses and Vacant Possession: A case analysis on recent rulings, emphasising the importance of strictly adhering to lease conditions to avoid disputes when exercising break clauses.

Compliance with Minimum Energy Efficiency Standards (MEES): Strategic approaches for landlords to manage the upcoming 2027 target of achieving a minimum EPC rating of ‘C’ and subsequent targets towards ‘B’.

Case Law Review and Strategic Implications.

Cases such as Unicredit Bank GmbH v Ruschemalliance LLC stress the importance of incorporating an express governing law clause in complex commercial property agreements.

Key rulings impacting the interpretation of lease agreements, such as the implications of restructuring plans on AGAs (Authorised Guarantee Agreements) and rent obligations.

Impact of Building Safety Act 2022 Provisions: Focusing on compliance obligations post-October 2023 and the alignment of development agreements with safety requirements.

Sustainability, Environmental, Social, Governance (ESG), and Future-Proofing Commercial Properties.

The Role of Green Leases and MEES Compliance: Integrating ESG clauses into commercial leases to align with tightening MEES standards.

The Impact of Biodiversity Net Gain Requirements: How the new requirements from February 2024 will affect large development sites, and later smaller sites, as part of planning regulations.

Advanced Development Projects and Leasehold Reform.

Reforms to the Landlord and Tenant Act 1954: Upcoming consultations on ground (f) (redevelopment), lease terms, and more efficient forums for lease renewal claims.

Strategic Approaches to Leasehold Reform: Implications of the Leasehold and Freehold Reform Act 2024 for developers, mixed-use landlords, and institutional investors.

Strategic Risk Management and Future Trends.

Mitigating Legal Risks in Complex Transactions: Identifying strategic risks related to compliance, sustainability, and lease negotiations in the evolving landscape.

Emerging Trends in Commercial Property Law: Discuss the impact of digital transformation, tech-driven leases, and evolving compliance frameworks.