In an effort to hit their targets of getting the UK to net zero carbon emissions by 2050, the government are reportedly considering introducing a “carbon tax” on products whose production involves high emissions. This includes meats and other staple groceries, a move which many predict won’t be popular, especially at a time of large economic uncertainty. While Labour have responded that the economy might not be strong enough at the moment to take the brunt of new taxes, economists have been optimistic about carbon taxes as a straightforward climate solution. The adverse effects of carbon emissions and burning of fossil fuels are rarely, if ever, factored into a manufacturer’s own production costs, so there are no incentives to minimise emissions. Carbon taxes would hypothetically remedy this situation, hopefully driving changes to production methods to minimise ecologically unfriendly practices. It is also hoped that, with more of an economic and financial stake in limited emissions, more investment and research into reaching carbon neutral solutions will be a priority. However, despite these measures being unpopular with powerful interest groups, the UK government’s independent Climate Change Commission (CCC) is in favour of ministers exploring carbon taxes. They cite the low global oil prices – and through extension consumer energy costs – as a reason why now could be a good time to impose them. With the rise in more laws and legislation, both internally and internationally, regarding carbon emissions and climate change, these areas are always worth keeping a look out for. It’s a great example of how single pieces of legislation could immediately impact the day to day lives of individual consumers, international corporations, and the planet as a whole. 

It’s been revealed that the Royal Family has been using procedure to vet acts of Parliament regarding leaseholders living in Prince Charles’ Duchy of Cornwall estate for years. The Queen and Prince were allowed to view the contents of acts to approve them before they were passed to Parliament, giving them the opportunity to amend them in order to protect the Prince’s income from the Duchy of Cornwall. Three named acts, spanning decades, were written in order to give leaseholders of properties the right to buy their homes outright in certain exemptions. However, these acts were modified to exclude many people living in the Duchy of Cornwall, the Prince’s 52,000 hectare estate which spans multiple counties.The estate provides the Prince with an independent income of around £22m a year, with scores of people living across it.The three named acts that were vetted by the Royal Family were the 1967 Leasehold Reform Act, the 1993 Leasehold Reform, Housing and Urban Development Act, and the 2002 Commonhold and Leasehold Reform Act. All these acts gave many people living in certain exceptions the right to purchase their homes outright and become freeholders, giving them full control off the asset and improve future sell-on ability. The intervention has left thousands of leaseholders across the Duchy of Cornwall struggling to get a fair valuation for their property if they wish to sell on, regardless of how much they themselves have invested in it. These cases piqued our interest in particular as experts in conveyancing and property law. If you have any questions regarding conveyancing, lease holding, freeholding or other enquiries about the property market, we’d love to hear from you. 

It’s no secret that 2020 was a difficult time for most of us, with 2021 looking like it’s going to be another tumultuous year. From Brexit to Covid-19, family law is set to look a bit different this year, with everything from attitudes to practices changing dramatically. To keep you informed, we’ve compiled a few trends in family law that we think will be important in 2021. Remote court hearingsWe’ve seen a rise in remote court hearings over the last year due to Covid-19; however, many solicitors and legal professionals see their shelf life lasting long after the (eventual) end of the pandemic. The family courts moved quicker than most back in March 2020 and in a matter of weeks had most cases being seen remotely, either through telephone of video call. It is set to do so for the foreseeable. There will, however, be guidance about the types of hearing where a remote option is not appropriate, such as final hearings in care proceedings. Many cases are set to look like hybrid hearings, with some people appearing in person, with others calling in remotely. The online portalSolicitors are now able to file divorces through an online portal called My HMCTS. This portal has, in its short lifespan, already reduced wait times to approve a financial consent order from over three months to a matter of days. It has a similar record for reducing time spent processing uncontested divorces. Post-Brexit international family issuesBefore Brexit, divorces with different parties over multiple countries used a ‘first past the post’ system where whichever country had the proceedings filed in first would have priority and would deal with the divorce and financial consequences. This is no longer the case. In cross-border cases in 2021 and beyond, we’ll be looking at competing proceedings in different countries. The English Court will apply a test to know which court is most appropriate to make decisions in individual cases of divorce. There will also be big changes to cross-border enforcement of children orders as well as financial awards. Unfortunately, 2021 looks like it could be a complicated time of uncertainty for international families.No Fault DivorceThe long awaited ‘no fault divorce’ is said to finally come to pass in the UK in Autumn 2021, after legislation regarding it passed in June 2020. While these new divorces will have a minimum ‘reflection period’ of 26 weeks, it will allow parties to divorce more simply if the marriage has irretrievably broken down. This means that couples won’t have to prove adultery, unreasonable behaviour, or go through a period of separation before divorcing.Variation applicationsA variation application is a proposed change to the terms of an order relating to children or spousal support, usually in the case of a change of circumstances. We usually see a large rise in variation applications in times of economic uncertainty and downturn, which unfortunately 2020 proved to be.With the economy being hit badly by Covid-19, many people have seen their financial situation become less stable and so the number of variation applications has risen and looks set to remain high while the economy recovers. Continued disruption to hearingsDespite moving more and more to remote hearings, there are still huge delays with cases in the family courts, which were already quite congested before the pandemic. Due to the, at times frustrating, telephone hearings, many couples in 2020 decided to take the private arbitration route along with private FDR hearings. Many see this trend continuing with disputes being settled by arbitration or private dispute resolution packages. There was also a rise in ‘hybrid mediation’, where a lawyer would attend a mediation session to fast track the process. Undergoing legal proceedings regarding family issues is rarely a simple and pleasant matter, let alone during uncertain times like these. Regardless of the recent changes or your own situation, our compassionate, professional team of family lawyers are here to listen to any concerns of questions you might have. 

New legislating is being put in place in order to curb the addictive and dangerous effects of online slot machines. Tougher measures will be placed on operators in order to protect players. Online slot machines currently generate around £2.2 billion for gambling companies, the largest online revenue stream in the industry. This is down in no small part to tactics and stimuli previously used in order to make them the most addictive online game on these gambling websites. They have, by far, the highest average losses per player of any online gambling product, with players being able to generate thousands of pounds in losses in a matter of minutes. The Gambling Commission, galvanised by growing concern over the harm being caused by online gambling during national lockdowns, has said that new measures will be put in place from October 2021. Under new rules, operators will have to slow down games to a maximum speed of 2.5 seconds per spin, discouraging continuous spins and generation of further losses. They will also be required to stop using sounds, lights, and other stimuli to make losses feel like wins. Auto-play options will be removed, along with ‘reverse withdrawals’, options to allow players to change their mind about withdrawing winnings and wagering them again instead. Finally, all online slot machine games will have to clearly display how much time a player has played the game, as well as a clear record of wins and losses. The nature of online platforms such as gambling websites means that games and ways of interacting with the public are constantly changing and innovating. Protecting the public and keeping up with changing markets poses constant legal challenges in order to keep legislation relevant and effective. 

The House of Lords has inflicted a heavy blow to the government by voting for a second time to amend a trade bill in the hope of giving British courts a role in deciding whether or not a country is committing genocide. Peers voted with a majority of 171 to insist that the UK courts be handed the ruling and the issue will now return to the House of Commons, where Conservative ministers will oppose the measure. The amendments to the trade bill regarding genocide provide a sticking point for the government because they would require the UK to review any bilateral trade agreements with China due to their human rights record. Recent treatment on behalf of Beijing to Uighur Muslims in Xinjiang, as well as the suppression of Hong Kong’s liberties, have caused widespread condemnation with many MPs seeking to take a firmer stance against China.When the issue was first brought to the House of Commons in December, the government faced a major backbench rebellion, seeing its majority go from 80 to 11 so another close vote is expected. However, if the voting patterns from the House of Lords are anything to go by, it won’t make for comfortable reading for the government. It previously voted with a majority of 126 on the issue, so support for giving British courts the right to determine genocidal regimes is growing. Lord Alton, an independent peer, stressed the importance of giving the High Court a role in determining genocide, stating that international criminal courts were less able to make these determinations due to the Chinese ability to veto any such references. There have been counter proposals from the government which don’t involve giving the courts this power, such as a select committee to establish whether or not a country is committing genocide. Among other issues, the main opposition view to this approach is that the government can simply ignore the findings of a select committee.Potentially giving British courts the ability to make such large decisions regarding foreign governments has huge implications not just for our judicial system, but for our international trade. It’s a pivotal time for the British legal sector, so we’re not letting this one out of our sights.

A trial to roll out extended hours for several Crown courts has been abandoned thanks to a legal on behalf of the Criminal Bar Association (CBA).The legal battle, which began in December, focused on controversial proposals and trials to extend operating hours of seven Crown court centres to ‘COVID operating hours’ (COH). The structure of the pilot meant that certain types of cases were listed for trial from 9am to 1pm, with a different trial to begin in the same courtroom during the afternoon from 2-6pm. HM Courts and Tribunals Service (HMCTS) first suggested the measures in order to reduce the dramatic backlog of cases that have been accumulating over the last year due to Covid-19. Off the back of multiple lockdowns, medical emergencies, and social distancing legislation, it became increasingly hard to physically hold trials and hear cases.However, the CBA described the measures as ‘discriminatory’, citing that if it continued, the government risked breaching the Equality Act 2010 by proposing to roll the hours out ‘without proper assessment’. After successfully winning their case, the CBA stated that the Ministry of Justice had made the choice not to continue with the plans and that it would not be ‘proceeded with in the future’. Furthermore, the CBA considers that the issue ‘will not raise its head again’.That said, the government subsequently stated that the scheme is still under review, so we’ll have to keep a close eye on how this develops. Cases are still being heard and trials are still underway, either virtually or in person. Manak Solicitors are still here with the same commitment to provide legal services to our community so please do not hesitate to get in touch if you’re seeking legal aid or advice. 

The UK Government has received a legal challenge over its recent decision to lift a ban on neonicotinoid pesticides, a substance previously banned across the EU, in order to combat crop disease. The Government have said that its use will be sparing and is viewed as an emergency measure in order to combat drastic fall in sugar beet harvests, caused by the beet yellows virus spread by aphids. Since the inception of the original ban on neonicotinoid pesticides in 2018, the UK has reportedly only yielded one full outdoor sugar beet harvest. According to the NFU, there are 3000 farmers that grow sugar beet and around 9,500 jobs in England supported by the industry, so the concern for the crop yield is of genuine importance to the national economy. Neonicotinoids used to be seen as a good alternative to traditional pesticides as they are systemic, meaning they are absorbed by the plant and are added to the seeds as a coating and not sprayed directly onto crops.However, they were originally banned due to their harm to pollinating insects such as bees. Bees, and other pollinating insects, are an integral part of our ecosystem and are already under threat of dwindling numbers, so their protection is a large point of concern when environmental legislation is discussed. Not only this, but they are also harmful to aquatic life as it leaches into the soil and then into water supplies. While several hundred thousand people have signed an online petition against the reinstatement of the pesticide, the government and NFU remain confident that ‘sparing’ use of the pesticide is the best way forward to maintain a sugar beet harvest, regardless of the risks to bee population numbers and biodiversity. Then-Environment Secretary, Michael Gove, said at the time of the original EU ban that restrictions would be maintained post-Brexit unless the evidence of their harmfulness changed. The government are now saying that they have changed their standing on the policy based on new scientific evidence regarding the pesticide, however they are yet to make these new findings public. 

There’s a huge legal battle happening just down the road from our Orpington office with the development of the “London Resort”, the UK’s answer to Disneyland, which has been hit with another legal challenge from conservationist groups.The development would be the first of its kind in the UK and the first in Europe built from the ground up since Disneyland Paris. Set to sprawl over 535 acres on the Swanscombe Peninsular in Kent, the development would have two theme park gates, a water park, a conference and convention centre, hotels, restaurants, and an e-Sports facility. The resort, set to feature attractions based on productions from the BBC, ITV, Paramount Productions, and more, is also in line to create over 30,000 new jobs – a real economic boost for the local area. However, it’s been hit with another in a long list of legal challenges from conservationist groups following the discovery of the rare ‘Distinguished Jumping Spider’, better known as the ‘Zebra spider’.Conservationists recently lodged an application for the Government to protect the 465 hectare site as it is currently the home of many forms of wildlife, including nightingales, cuckoos, and lizards. The Environment Agency has responded by saying that Natural England is aware of the importance of the wildlife on the Swanscombe Peninsular and so will be considering whether the land should be proposed for notification as a Site of Special Scientific Interest (SSSI). It is expected that there will be a finished assessment and decision made on the land’s SSSI status early this year. Quite the legal battlefield to have right on your doorstep!

Stamp duty is simply tax that people pay when buying a property in the UK which varies depending on where you’re buying and how much the property is bought for. In July 2020, Rishi Sunak announced that there would be a stamp duty ‘holiday’ until 3 March 2021. In practice, this meant that the threshold for paying stamp duty was increased to £500,000, meaning that no payments were needed on properties up to that amount, and only needed to be paid on the value of the amount exceeding £500,000. Buyers could save up to £15,000 when purchasing property. The holiday was aimed to encourage buyers in a market and economy impacted by Covid-19 and the realities of lockdown. As the property market had fallen every month for the four months prior to the implementation of the holiday, it was a much needed incentive for people to start buying again.The impact is there for all to see, the housing market immediately began to grow again and 2020 culminated with one of the healthiest housing markets for years. HMRC found that December 2020 saw a 31.5% rise in residential transactions compared to December 2019 and were even up 13.1% from the month before. UK average house prices increased 7.6% in the year to November, the highest rate since June 2016, to a national average of £250,000 and £500,000 in London. While these figures make for pleasant reading for those in the property sector, and do show a positive economic impact of the stamp duty holiday, it did raise some issues. Because of the rush to purchase property and with the knowledge that people would be paying no to less stamp duty, the dramatic rise in house prices has priced out several people from purchasing property, notably first time buyers. With the stamp duty holiday still set to end on 3 March 2021, there are some concerns moving forward. There have been multiple calls within the property market to extend the holiday to avoid ‘falling off a cliff’ come March. Many agents and property professionals have warned that ending the holiday as planned would risk the collapse of thousands of deals that haven’t been completed, while extending it would see wider economic benefits. Some developers have even offered their own extension of the holiday, offering to cover the costs of stamp duty themselves for buyers up until October. Many see the fact that the holiday ending coincides with the end of the furlough scheme as another reason to be wary. The removal of financial support schemes as well as the incentive to purchase property could see the market slow down with prices falling as quickly as they rose. As experts in conveyancing, we’ve been keeping a keen eye on the housing market over the last year and are best placed to help you in the property market. Whether you’re a first time buyer looking to get on the property ladder while the stamp duty holiday is in place, looking to sell your home while prices are still high, or simply have any questions about your best course of action, our team are here to listen and to help.