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LPC Law Notes Property Law and Practice Notes

Professional Conduct In Plp Notes

Updated Professional Conduct In Plp Notes

Property Law and Practice Notes

Property Law and Practice

Approximately 490 pages

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:

PLP CONDUCT ISSUES

Issue Principle Outcomes Indicative Behaviours
Can buyer’s solicitor also act for the seller? 4 3.5; 3.6 – general position is that they can’t due to the risk of conflict except where the parties have a substantially common interest and (a)-(d) have all been met 3.14; 3.11; 3.3; 3.4 – Acting for both is indicative of not achieving the outcome; declining to act where the interest in the end result is not the same; declining where there is a need to negotiate on matters of substance (e.g. price); declining where there is unequal bargaining power. Substantially Common Interest – A clear common purpose regarding a matter, a strong consensus on how it is to be achieved and the client conflict is peripheral to that common purpose
Can buyer’s solicitor also act for the lender? 4 3.5; 3.6 – general position is that they can’t due to the risk of conflict except where the parties have a substantially common interest and (a)-(d) have all been met 3.3; 3.7 – should decline to act if may need to negotiate on ‘matters of substance’ on clients’ behalf (N/A if standard mortgage); definition of a standard mortgage

Solicitor could argue that O 3.6 applies – cheaper and benefits outweigh risks

Definitely okay for title investigation stage but could be more difficult later

Can seller deal with more than one buyer? 2 11.3 – Seller’s solicitor must immediately inform each prospective buyer’s solicitor that the seller intends to conduct a...

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