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05 April 2020
Issue: 7882 / Categories: Legal News , Profession , Commercial , Covid-19
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COVID-19: Rules modified for equity release

The Equity Release Council modified its advice on safeguards for customers this week, in light of ongoing restrictions on social distancing
The Council’s Standards Board said legal advice can be provided remotely without a physical face-to-face meeting, but solicitors must follow a set approach, combining written advice with documented video or telephone calls, which increase the total number of interactions between customers and legal advisers.

The council said the revised approach would enable legal advisers to ensure the client’s identity is established and the client has mental capacity, is not under duress or coercion, and where more than one party is involved, both agree to enter into the equity release contract.

It said the mandatory physical witnessing of a client’s signature on the mortgage deed can be carried out by an independent adult witness of the client’s choosing, who will also be subject to identity checks and due diligence.

David Burrowes, chairman of the council, said: ‘The new measures have been designed with input from expert solicitors who provide legal advice on equity release transaction across the UK.

‘It is designed to support large and small solicitors to advise safely on equity release at this time. This unique and temporary solution is the result of collaboration and sharing of legal expertise among Council members in challenging circumstances, to ensure consumers’ interests remain protected. The Council will keep this modification under close review until it ceases, when the Government ends its “stay at home” requirement.’

Issue: 7882 / Categories: Legal News , Profession , Commercial , Covid-19
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
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The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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