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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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