LPC Law Notes Property Law and Practice Notes
A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...
The following is a more accessible plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Conduct Questions
Acting for Buyer & Seller or landlord & tenant
Principle 4 – Act in the best interest of the client
Is there a conflict of interest?
Outcome 3.5 cannot act if there is a client conflict or a significant risk of a client conflict
Chapter 14 client conflict = any situation where you owe separate duties to act in the best interests of two or more client in relation to the same or related matters & those duties conflict, or there is a significant risk that those duties may conflict
EXCEPT if outcomes 3.6 or 3.7 applies
Outcome 3.6 – do buyer & seller have a substantially common interest?
Chapter 14 a clear common person in relation to a matter or a particular aspect of it between the clients & a strong consensus on how it is to be achieved & the client conflict is peripheral to this common purpose
IB 3.11 Outcome 3.6 does not apply in a situation with buyer & seller
IB 3.4 Decline to act where clients cannot be represented even-handedly, or will be prejudiced by lack of separate representation
Outcome 3.7 - are clients competing for the same objective?
IB 3.14 Where there is a transfer of value clients will not be competing for the same objective
IB 3.4 Decline to act where clients cannot be represented even-handedly, or will be prejudiced by lack of separate representation
IB 3.6 only act where the clients are sophisticated users of legal services
Outcome 3.3 consider factors such as whether there is a need to negotiate between the clients, where there is an imbalance in bargaining power between the clients or whether one of the clients is vulnerable
IB 3.3 decline to act where you may need to negotiate on matters of substance on their behalf, such as negotiating on price between a buyer & seller of property
IB 3.4 decline to act where there is unequal bargaining power between the clients, such as acting for a seller & buyer where builder is selling to a non-commercial client
If do act then ensure that able to abide with rules of confidentiality & follow safeguards.
Consider the impact of having to withdraw if circumstances change
Acting for Joint Buyers
Permitted provided there is no conflict of interest or no conflict is likely to arise between parties
Acting for Joint Borrowers
Provided no conflict of interest exists or likely to exit then can act
Problems of undue influence can arise
If special relationship (parent & child; solicitor & client; NOT husband & wife) there is a rebuttable presumption that there has been undue influence
Husband & wife no presumption but lender put on enquiry as such transaction not to spouse’s advantage
Bank take reasonable steps to come off notice, satisfying itself that practical implications of proposed transaction understood by spouse
Royal Bank of Scotland & Eldridge
Solicitor meet spouse face to face, without other spouse & explain purpose for which solicitor has become involved
Explain that lender will rely on solicitor’s involvement to counter any suggestion that spouse has been unduly influenced
Obtain confirmation from spouse that they wish solicitor to act for them in transaction
Acting for borrower & lender
Outcome 3.5 Cannot act for both parties if there is a conflict of interests
Chapter 14 client conflict = any situation where you owe separate duties to act in the best interests of two or more client in relation to the same or related matters & those duties conflict, or there is a significant risk that those duties may conflict
Outcome 3.6 do the borrower & lender have a substantially common interest
Chapter 14 a clear common person in relation to a matter or a particular aspect of it between the clients & a strong consensus on how it is to be achieved & the client conflict is peripheral to this common purpose
Residential transactions
IB 3.7 possible to act for a lender & borrower on the grant of a mortgage only where the mortgage is a ‘standard mortgage’ of property which is to be used as the borrower’s private residence
Solicitor must be satisfied that it is reasonable & in the client’s best interests for him to act
Certificate of title required by the lender should be in the form approved by the Law Society & Council of Mortgage Lenders
Standard mortgage is one provided in the normal course of lender’s activities, where a significant part of the lender’s activities consists of lending & the mortgage is on standard terms
Commercial transactions
Outcome 3.3 & IB 3.3 must decline to act where a need to negotiate on matters of substance may arise
Borrower & lender are likely to be separately represented from the outset because the mortgage documents are likely to be the subject of negotiation between the two parties so it will not be on ‘standard terms’ AND property is not being used as a private residence – IB 3.7 DOES NOT APPLY
Contract races
Principle 2 – Act with integrity
Principle 6 – Public trust
Outcome 11.3 where seller’s solicitor is asked by the client to deal simultaneously with more than one prospective buyer he must inform all buyers immediately of the seller’s intention to deal with more than one buyer
Seller’s instruction triggers an obligation to disclose
If draft contract has been provided to prospective buyer, it...
Buy the full version of these notes or essay plans and more in our Property Law and Practice Notes.
A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...
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