Legal Updates

In one of our recent journal articles, it was reported that bugs in the digital divorce system had caused a delay in the introduction of no-fault divorces. Despite these setbacks, the digital divorce service is still set to replace the traditional paper D8 form from 13 September 2021. After this date, the Court Service will expect divorce applications to be made using the digital divorce process. There is a short transition period finishing on 4 October, but after this date, the paper D8 form will no longer be accepted. There are a few limited exceptions to the use of the online process, and paper applications will still be used for civil partnerships, judicial separation and applications for petitions of nullity.

The introduction of “no-fault” divorce this October has suffered a setback as it will now not be introduced until 6 April 2022 at the earliest. The reason for the delay is that the online divorce system has not been fully developed and tested. This is particularly disappointing, as the changes have not only been anticipated for several years but became a certainty in 2020 with the passing of the Divorce, Dissolution and Separation Act. This act brought in a much-welcomed change to the 50-year-old fault-based system which a person must for the time being still rely on to get divorced.

The Queen’s Speech this year was delivered on 11 May. It is normally an annual event, but this has not been the case in recent years. The previous Queen’s Speech was in November 2019, when we reported on the government’s proposal to get 26 bills passed into law. This year, there are 31 bills that ministers intend to pass. Some of these bills are carried over from the last session of Parliament, but against the backdrop of Brexit and the pandemic, this is not all that surprising.

What were the government’s priorities in 2019?

Some changes have been made as to how important conveyancing documents are lawfully signed. These changes were made early in the novel coronavirus lockdown, but they may become a permanent feature of conveyancing practice. 

Since July 2020, HM Land Registry has been accepting electronic signatures. This is not something totally new. One form of electronic signature, the digital signature, has been legally enabled since the Land Registration Act 2002. What has changed is the high level of take-up by the profession since last year. During the lockdowns of the past year, the benefit of using remote signature methods is obvious. Perhaps what has also driven this change is that the use of a simpler type of witnessed electronic signature has been permitted. The term “electronic signature” can cover:

As the legal profession is one that benefits from clear communication, it is surprising how the language used by lawyers can sometimes be confusing. This may in part be because of the liberal use of legal jargon. In this article we will consider some common terminology used by the profession and look at what some lawyers have done to improve how they communicate. 

Let us start with a quote from a Professor of Law, Joseph Kimble, about why complicated writing persists in the modern legal profession: 

“Legalese persists for a lot of bad reasons – habit, inertia, fear of change, the overwhelming influence of poorly written opinions and forms, false notions of prestige, and any number of myths about plain language...” 

As the professional body for Legal Secretaries and PAs in the UK, ILSPA provides courses which are based on the English Legal System. However, one of the fascinating things about law and the legal sector in general is the variation between different legal systems and how they operate around the world. 

ILSPA’s partner, Simply Law Jobs, recently caught up with Russell Michelson from Jezic & Moyse to discover the five critical differences between the legal systems in the USA and the UK:

As part of the regular updates made to the Civil Procedure Rules 1999 (CPR), there was recently a significant change made to the wording used for statements of truth. This month we will look at why statements of truth are important and explain what has changed. 

Why are statements of truth important? 

Since lockdown, the social distancing rules have thrown up many issues for lawyers. Wills and probate lawyers warned the government at the start of the crisis that clients were finding it more difficult to make Wills. Worse still, this was happening at the very time when Wills were most needed. Many solicitors were able to find ways to still get the work done while maintaining social distancing, but this was not always possible. One of the most difficult problems was satisfying the requirement that a Will be properly witnessed.

Those who have studied land law through an ILSPA course will already be familiar with the terms freehold and leasehold. These are legal definitions created by the Law of Property Act 1925 and relate to the extent of a person’s ownership of land. Another type of land ownership, commonhold, was introduced in 2002, but it struggled to establish itself and fewer than 20 commonhold developments have been built to date. This month, we are reporting on how this lack of interest in commonhold ownership may be about to change.

The COVID-19 pandemic has affected a lot of aspects of our lives, including buying houses. During the midst of the lockdown no viewings were taking place, causing stagnation in the housing market. As the rules have relaxed, people are now able to view properties they are interested in buying, but they must keep to the social distancing measures that have been put in place.

The government has advised house buyers to try to avoid viewing properties in person by doing it virtually where possible, but how does this balance with the legal risks of taking this approach?