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23 April 2009 / Peter Ambrose
Issue: 7366 / Categories: Features , Property
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HIP operation

HIPs—will they finally provide benefits? asks Peter Ambrose

The credibility of HIPs is certainly not helped by the lack of understanding among HIP providers of basic property legal issues, so it is hardly surprising that faith is often lacking in the accuracy of documents that they produce.

Until 6 April, most estate agents and clients had little to fear about the timely and accurate production of documentation. If the agent could be given an energy chart for their property particulars, then everyone was happy. This limited requirement clearly benefited those HIP providers with scant legal knowledge and ensured that HIPs remained as merely a legal formality that must be completed before contracts could be exchanged.

However, as sellers must now disclose more information about their property and the removal of the crutch of personal search insurance, issues concerning accountability and liability have come to the fore, and the emphasis has switched towards legal matters and responsibility for content.

Information questionnaire

Sellers must now complete a Property Information Questionnaire (PIQ) before an estate agent is allowed

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MOVERS & SHAKERS

Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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