Solicitors welcome property pledges
Solicitors have welcomed the reintroduction in the Queen's Speech last week of measures designed to reform the leasehold system and the establishment of commonhold as a new form of tenure - which both failed to make it to the final hurdle in the last parliament.No Bill aiming to reintroduce seller's packs or limit jury trials in criminal cases - two measures unpopular with solicitors - were presented.The speech also included the outline Criminal Justice Bill, which proposes reform of criminal sentencing and the scrapping of the ancient double jeopardy law, which prevents a person being tried for the same crime twice.
Both proposals have attracted criticism from solicitors.Bruce Dear, director of property law at KLegal, the law firm associated with top accountancy firm KPMG, said: 'Plans to introduce commonhold tenures will be welcomed in many quarters, but it is a pity that the government is not extending the commonhold system to business as well as residential holdings.' Also proposed was the Land Registration Bill, which aims to reform the system of registering property and encourage greater use of electronic conveyancing.Michael Napier, president of the Law Society, welcomed both the reintroduction of the Commonhold and Leasehold reform Bill and the promotion of electronic conveyancing.
'The Law Society has been at the forefront of moves to speed up the home-buying process, and we hope this pledge indicates an end to the government's unpopular attempts to introduce a seller's pack containing a compulsory home survey,' he said.However, Mr Napier expressed serious concern at the threat to the double jeopardy law, stressing that 'ensuring people have a right to a fair trial is vital'.
Money laundering comes under renewed scrutiny in the Proceeds of Crime Bill, which will increase powers against money laundering and establish a Criminal Assets Recovery Agency to aid the recovery of proceeds from crime and drugs.
The moves have already stirred hostility from within the profession.
The Enterprise Bill, which contains proposals to encourage enterprise and strengthen competition laws, may remove further restrictions from the legal profession.Bills omitted included the widely publicised plans to reform liquor licensing laws.
Rob Westwood-Payne, licensing specialist at Staffordshire-based firm Heatons, was disappointed at the omission.
'I now believe that the so-called "pub revolution" may never take place,' he said.
'The momentum for the more flexible licensing laws contained in the white paper has now been lost and may never be recovered.'By Victoria MacCallum
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