Julie Fitzpatrick’s Post

NEW CHANGES IN THE COURT OF PROTECTION The new changes took effect from 1 April 2024 and saw an update to Fixed Costs as well as providing clarity in relation to instruction of Specialist Services. See a summary of Practice Direction 19B in the link below. #CourtofProtection #COP #PrivateClient https://lnkd.in/eXDWRxdS

Court Reaffirms Jurisdiction and Finds Good Cause to Vacate Charging Orders Hilda Wong appeared for the applicant (“Tang”) in successfully vacating the registration of charging orders over a property (“Property”) in Re Tang Hoi Chun [2024] HKDC 143. The Property was previously owned by two individuals, one of whom was a Mr Yau Tik Sunny (“Sunny”). American Express Bank Limited (“AE”) had previously obtained the charging orders against Sunny’s half share of the Property in 2002, shortly after the Property was sold to Tang. The charging orders were not re-registered. Tang entered into an agreement to sell the Property in 2023, pursuant to which he had to vacate the charging orders before completion. When Tang’s solicitors wrote to AE’s solicitors requesting that they enter into a consent summons to vacate the charging orders and received no substantive reply, Tang applied by ex parte originating summons (“OS”) to vacate the charging orders. Tang's solicitors subsequently notified AE and Sunny of the hearing of the OS. In response, AE acknowledged service and stated that AE had no objection to, or any submissions in respect of, Tang’s application and asked for their attendance to be excused. Sunny also had neither any objection to nor submissions regarding Tang’s application. The Court found that the charging orders could and should be discharged for the following reasons: (1)  the Court has inherent jurisdiction to vacate registrations in the Land Registry upon “good cause” being shown; (2)  pursuant to the effect of section 17 of the Land Registration Ordinance, as the principles relevant to vacating prohibitory orders also apply to vacating charging orders; and (3)  “good cause” to vacate was shown by, inter alia, the charging orders ceasing to have effect and encumber the Property since they had not been re-registered, there being no conceivable issue or interest relating to re-registration that could arise given AE and Sunny’s positions, and any enforcement or execution proceedings on the charging orders are time-barred. In light of the above, the Court made no order as to costs of the proceedings. Link to judgment: https://lnkd.in/gcXpUXkb Link to Hilda’s profile: https://lnkd.in/df3rtvpm #bernacchichambers #landlaw  

Small business owners: Now is the time to file your #BOI reports under the #Corporate Transparency Act.

OR-Tax court holds that although there was an error in the square footage, the prior years' valuations were based on valuation judgment, and therefore not correctable by the assessor. "Likewise, the square-footage error on the subject’s account was one element among several that could have gone into the assessment of value on the subject’s account. In arriving at a total assessment, Defendant’s appraiser exercised valuation judgment--even if that judgment was only to accept a value suggested by software. To the extent any error in appraiser judgment benefitted Plaintiffs, it is not correctable under ORS 311.205(1)." Kahl v. Clackamas County Assessor, case number TC-MD 230452G, in the Oregon Tax Court, Magistrate Division https://lnkd.in/gm39yHUb

𝐌𝐞𝐧𝐳𝐢𝐞𝐬 𝐯 𝐎𝐚𝐤𝐰𝐨𝐨𝐝: 𝐫𝐞𝐪𝐮𝐢𝐫𝐞𝐦𝐞𝐧𝐭 𝐟𝐨𝐫 𝐬𝐩𝐞𝐜𝐢𝐟𝐢𝐜 𝐚𝐠𝐫𝐞𝐞𝐦𝐞𝐧𝐭 𝐭𝐨 𝐭𝐫𝐚𝐧𝐬𝐟𝐨𝐫𝐦 𝐫𝐞𝐭𝐞𝐧𝐭𝐢𝐨𝐧 𝐨𝐟 𝐜𝐥𝐢𝐞𝐧𝐭 𝐦𝐨𝐧𝐢𝐞𝐬 𝐢𝐧𝐭𝐨 𝐭𝐡𝐞 𝐩𝐚𝐲𝐦𝐞𝐧𝐭 𝐨𝐟 𝐬𝐨𝐥𝐢𝐜𝐢𝐭𝐨𝐫𝐬’ 𝐛𝐢𝐥𝐥𝐬 | Published in Practical Law's Dispute Resolution Column Article by Martyn Griffiths In Menzies v Oakwood Solicitors [2024] UKSC 34, the Supreme Court considered the meaning of payment for the purposes of section 70(4) of the Solicitors Act 1974 (SA 1974). That question has considerable importance because of the limitation periods within SA 1974: 1. Where a client has paid their solicitors’ bill before an application for an assessment is made, they must demonstrate the existence of special circumstances for an assessment to be ordered. 2. Where the bill was paid more than 12 months before the application is made, the court has no jurisdiction to conduct an assessment under the SA 1974. Find out more⬇️ https://lnkd.in/e3F5pDX2 #MenziesvOakwood #SolicitorsAct1974 #UKSC #SupremeCourt

The issue of jurisdiction is a pure point of law which can determine the matter without having to consider the merits of the case. The centrality of jurisdiction in litigation has been pointed out in the recent High Court Judgement where the Court confirmed that Small Claims Courts have jurisdiction to entertain matters relating to rent deposits.Rent deposits are contracts thus fall within the meaning of " contracts for money held or received " (section 12 of the Small Claims Court) This, however, should be juxtaposed with the jurisdiction of rent and rent arrears whose jurisdiction is the Magistrate's Courts or High Court.

S. 253 : Appellate Tribunal-Appeals-Duties-Limitation-Delay of 425 days-Tribunal rejected the appeal for condonation of delay-High Court affirmed the order of Tribunal-On SLP Honourable Supreme Court condoned the delay-It is not the length of delay that would be required to be considered while examining the plea for condonation of delay, it is the cause for delay-Directed the Tribunal to decide on merits .[ S. 254(1), Central Administrative Tribunal, Act, 1985 S. 21] Honourable Supreme Court held that no litigant stands to benefit in approaching the courts belatedly. It is not the length of delay that would be required to be considered while examining the plea for condonation of delay, it is the cause for delay which has been propounded will have to be examined. If the cause for delay would fall within the four corners of “sufficient cause”, irrespective of the length of delay same deserves to be condoned. However, if the cause shown is insufficient, irrespective of the period of delay, same would not be condoned. (CA No. 8435-8436 of 2024 (@ S.L.P. (Civil) Nos. 2733 -2734 of 2024 dt. 5-8-2024) #supremecourt #scconline #advocatesinjammu #lawyerinjammu #condonationofdelayjudgement #lawyers #legaleducation #gstreplydelay #incometax #vat #salestax #itr #charteredaccountants

In light of Peel J's decision in AH v BH [2024] EWFC 125 which reviews the law on PMAs (see [42] onwards) I've updated my blog about judicial summaries of the law ('Pulling the Threads Together') https://lnkd.in/ebrBPmhB

Today, the German Federal Council passed the law already adopted by the German Parliament to introduce a new leading decision procedure at the Federal Court of Justice. The new procedure is now about to come into force and aims to improve the handling of mass claims proceedings. In the future, the FCJ will be able to select a suitable appeal procedure and decide on it even if the parties have terminated the proceedings. But is this likely to relief the courts of their high number of mass claims cases and what impact will the new procedure have on lower court proceedings? Our new blog post provides answers to these questions and a detailed explanation of the leading decision procedure. Freshfields, Martina de Lind van Wijngaarden, Stefanie Fay, Carolin Lukasewitz, Camillo von Haugwitz, Sarah Hillebrand https://lnkd.in/dMeJfG4h #massclaims #collectiveaction

Navigating Wills When Capacity Is Lost 📜   If someone you care about can no longer make their own decisions, a Statutory Will may be needed to honor their wishes. But what if their current Will doesn’t reflect their situation or they never had one?   Our latest blog covers everything you need to know about Statutory Wills—from how to apply to what the Court of Protection considers.   🔗 Read more here. https://lnkd.in/ekKvKH26 #StatutoryWill #EstatePlanning #MentalCapacity #LegalGuidance