| 1 | Acquiring land by adverse possession This practice note explains the elements needed to establish adverse possession: factual possession and intention to possess. It also links to two practice notes on the procedure for claiming title to land by adverse possession: Adverse possession and the Land Registration Act 2002. This explains the regime for adverse possession in relation to registered land under the Land Registration Act 2002 (LRA 2002), which came into force on 13 October 2003. Adverse possession before the Land Registration Act 2002. This explains the regime for adverse possession as it used to apply to both registered and unregistered land, and which will continue to apply to unregistered land. The law on adverse possession as it stood before the LRA 2002, continues to apply to registered land where the possession relied upon is for a period of at least 12 years ending before 13 October 2003. | Practice notes | Maintained |
| 2 | Anti-money laundering measures for lawyers: the 2007 rules This Practice note provides an overview of the money laundering regime that applies to lawyers pursuant to the Money Laundering Regulations 2007 (2007 Regulations). The 2007 Regulations came into force on 15 December 2007 and replace the Money Laundering Regulations 2003 (2003 Regulations). They bring the 2005 Directive on money laundering into effect in the UK. The 2007 Regulations introduce new requirements and vary requirements that were in the 2003 Regulations. In particular, the 2007 Regulations require that: The lawyer is able to identify the beneficial owner of client trusts, companies and partnerships. The lawyer applies customer due diligence measures and monitors client activities according to a risk-based approach, applying less stringent procedures for low risk situations and more stringent procedures in higher risk situations. Training for staff is both regular and covers terrorist financing issues. Lawyers are also to have regard to the Law Society's anti-money laundering practice note published on 6 October 2011, and the Solicitors Regulation Authority's warning cards on money laundering (April 2009), property fraud (April 2009) and bogus law firms and identity theft (March 2012). Property lawyers should also take account of the joint Land Registry and Law Society practice note on property and registration fraud (September 2010), and the Law Society's note on mortgage fraud (October 2011). | Practice notes | Maintained |
| 3 | Consumer Protection from Unfair Trading Regulations 2008 A commentary on the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) which implemented the Unfair Commercial Practices Directive (2005/29/EC) in the UK by introducing a general prohibition on traders treating consumers unfairly and requiring businesses not to mislead consumers through acts or omissions or subject them to aggressive commercial practices. | Practice notes | Maintained |
| 4 | Informing the client about costs: at outset of retainer and ... This Practice note stresses the importance of giving information to clients about costs. It summarises the requirements of the Solicitors Code of Conduct 2007, and other legal requirements, and provides suggestions for how best information on costs can be provided to the client, at the outset and throughout the retainer. Note: This note covers the requirements of the Solicitors Code of Conduct 2007 (in force from 1 July 2007 to 5 October 2011). For the latest requirements, under the Solicitors Code of Conduct 2011, see the new version of this note, Practice note, Informing the client about costs: at outset of retainer and beyond. For details of the Solicitors Costs Information and Client Care Code 1999, see, Practice note, Informing the client about costs: at outset of retainer and beyond pre 2007. | Practice notes | 05-Oct-2011 |
| 5 | Informing the client about costs: at outset of retainer and ... This Practice note outlines the importance of giving information to clients about costs. It summarises the applicable statutory code and sets out guidance on what information should be provided to the client at each stage of the retainer. Note: From 1 July 2007 a new Solicitors Code of Conduct is in force. A new version of this practice note covers the requirements of that Code, Practice note, Informing the client about costs: from outset of retainer and beyond. | Practice notes | 30-Jun-2007 |
| 6 | LTA 1954: interim rent applications A practice note on procedures in relation to interim rent applications under the Landlord and Tenant Act 1954. The note considers how interim rent should be calculated and when an application to court should be made. | Practice notes | Maintained |
| 7 | LTA 1954: procedure for contracting out A practice note on the procedures to exclude security of tenure from a business lease under the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (SI 2003/3096). | Practice notes | Maintained |
| 8 | LTA 1954: procedures for renewal of a lease This note explains the procedures to be used where either the landlord or the tenant wish to initiate renewal of a business lease under the Landlord and Tenant Act 1954. The note examines: The procedure for serving a section 25 notice. The procedure for serving a section 26 request. Applications to the court. For information on the procedures for termination of business tenancies without renewal, see Practice note, LTA 1954: procedures for termination of a lease without renewal. | Practice notes | Maintained |
| 9 | Oaths, affirmations and statutory declarations Affidavits need to be verified by oath or by solemn affirmation. In certain circumstances, a statutory declaration can be used instead of an affidavit, and will be verified by a declaration. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. | Practice notes | Maintained |
| 10 | Professional negligence An outline of the law of professional negligence. This note considers: The requirements for claims in contract and tort. The application of the SAAMCO principle. The Bolam test. Contributory negligence. Contribution. The use by professionals of exclusion clauses to limit liability. | Practice notes | Maintained |
| 11 | Saving defective notices This practice note explains the principle established in the House of Lords' case of Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 and its subsequent application to defects in both contractual and statutory notices. | Practice notes | Maintained |
| 12 | Solicitors' Code of Conduct 2007 This Practice note provides an overview of the Solicitors' Code of Conduct 2007, which came into force on 1 July 2007 and applies to all solicitors practising in England and Wales. The Code replaced the rules of professional conduct contained in the Solicitors Practice Rules 1990 with effect from 1 July 2007. Note: The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes on the SRA handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. SRA Handbook: ten top things for in-house lawyers to think about. | Practice notes | 05-Oct-2011 |
| 13 | Solicitors' Code of Conduct: Rule 11 - Litigation and Advocacy This note outlines the effect of rule 11 of the Solicitors' Code of Conduct 2007, identifying key provisions and changes. Note: The Solicitors Regulation Authority (SRA) Handbook, fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes, on the SRA Code of Conduct 2011: SRA Handbook 2011 and Code of Conduct. SRA Handbook and Code of Conduct: Chapter 5: your client and the court. | Practice notes | 05-Oct-2011 |