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24 May 2007
Issue: 7274 / Categories: Features , Local government , Property
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Information meltdown

HIPs will be hindered by the failure to reform the local authority search market, says Mark Riddick

Local government holds the information required by conveyancers to undertake their due diligence requirements on the purchase of a property by their clients. It competes with private companies in the compilation of searches for conveyancers from that information. It is claimed that certain local authorities compete unfairly by restricting the private search companies’ access to the information.

LOCAL AUTHORITY SEARCH FEES

Local authorities can justifiably claim that they do not have the resources (funding or personnel) to cope with providing the necessary facilities to private search companies. This is because central government has set a fee for access to this information at a level that is not currently calculated to recover all of the cost of maintaining and providing the information.
The fact that the fee charged to private search companies for access is £11, and the cost of a search compiled by a local authority (the so-called “official search”) can be as much as £300, suggests that either the

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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