The Companies commentary has been updated to enhance our offering in respect of put and call options, directors’ duties and wrongful trading, and issues relating to insolvency of a company. We have also added guidance for those acting for a supplier including a retention of title precedent. We invite you to explore this updated publication and welcome Comments & Suggestions as always.

The Debt Recovery – Acting for the Defendant commentary now includes greater detail on the process for applying to set aside a default judgment order. Example content has also been written for a Draft order – Setting aside default judgment on the basis of a real prospect of defending the claim. This, together with all the other forms needed for this application, are in matter plan folder F. Default judgment and summary judgment. We invite you to explore this updated publication. Comments and feedback are always welcomed.

A folder containing ALL of the By Lawyers Retainer Instructions precedents has been added to the Practice Management guide. One of the most important tasks when acting in all areas of law is taking the initial instructions. At the commencement of the engagement with the client it is crucial to take accurate, comprehensive instructions covering every necessary aspect of the matter, so the scope of the retainer can be agreed, the issues identified and understood and the client properly advised. Every By Lawyers matter plan has these Retainer Instructions precedents, drafted and refined by experienced practitioners to make this critical process as efficient as possible. They assist practitioners to obtain all relevant information up-front. To make it easier to access these key precedents, especially when seeing new clients where a file has not yet been opened, all 28 of them are now available from a dedicated Library of retainer instructions in the By Lawyers Practice Management guide, under Folder A: The Practice. The availability of these precedents all together in one guide makes it very easy to save or print the relevant Retainer Instructions for any matter type to use in the initial conference with a client even before a dedicated client file is opened. As always, comments and feedback are welcomed.

A chapter has been added to the Powers of Attorney and Advance Decisions guide which deals with applications to the Court of Protection for deputyship orders. Commentary has been included on capacity issues, the application process and the role of a deputy. The matter plan includes all the necessary letters and forms to obtain an order, including those required for notifying the person involved and third parties. The Retainer Instructions and To Do List for these specific matters will ensure that thorough instructions are taken and the required timescales are met. We invite you to explore this updated publication. Comments and feedback are always welcomed.

With the recent publication of the Law Commission report, clearly moves are afoot in the residential leasehold world to balance out the disparity between the rights of landlords and those of their tenants. Time will only tell what is finally put on the platter for general consumption on that planet. But let us travel deeper into the universe and visit planet ComZog, commonly known on Earth as the commercial leasehold world. Read more...

The Welsh Government has temporarily increased the nil rate band of land transaction tax for residential property transactions in Wales, increasing the nil rate from £180,000 to £250,000 for main residential purchases. The temporary rates apply for main residential purchases between 27 July 2020 and 31 March 2021, but do not apply to purchases of second homes or buy-to-let properties.

The Commercial Lease guide has been enhanced with the inclusion of two new precedent documents to assist practitioners: Authorised guarantee agreement and Licence to assign. These can be found in the folder D. If Required – Sublease, assignment, variation and surrender.

The Domestic Violence Orders Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review was performed with a focus on practical tips that will help lawyers confidently run a matter to completion. Commentary covering types of domestic abuse including coercion, financial and online abuse has been expanded. Additional example content for witness statements have been included in the example content precedents and a new To Do List – Domestic Violence Orders has been created to assist practitioners. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for lawyers acting for applicants or respondents in domestic violence matters.

The By Lawyers Sale and Purchase of Business guides have been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. As with all our guides, they take a practical approach, drawing on our authors’ considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a sale or business purchase matter to completion. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in the sale or purchase of a business.

The By Lawyers Divorce Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help legal advisors confidently run a divorce matter. New precedent separation agreements for both married, civil partnered, and unmarried couples have been included. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for practitioners.

By Lawyers have just released a Staff Office Procedures Manual which comprehensively covers a wide range of issues that arise in running legal practices. Useful for all firms, whether start-up, breakaway or well established, we have tailored the manual to help firms run their office day to day. With an emphasis on training and compliance this is an ideal way to ensure that everyone is aware of office policies. Areas which are covered include: Recruitment and induction policies Working procedures such as hours of work, dress code, a code of conduct and training policy Health and Safety Equality and Diversity Internet, email and mobile phone policy Staff leave including for jury service Drugs and Alcohol Bullying and harassment Whistleblowing Disciplinary procedures Conflicts of interest, confidentiality and intellectual property rights Security and cyber-security Guidance on a whole range of other office procedures from anti-money laundering to undertakings Firms can seamlessly implement these office procedures as their own with a view to later development and enhancement or use them as the basis for refreshing and enhancing existing procedures already in place.

The By Lawyers Sale of Land Guide has been reviewed and updated to ensure that the commentary and precedents are in line with current law and conveyancing practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a sale matter to completion. The following sections of commentary have been expanded: undertakings are explained in more detail; the unregistered land section has been improved; adverse possession claims and procedures are discussed in greater detail; the process by which contracts are exchanged has been amplified, including a worked example of using Formula C; and post-completion tasks are discussed in greater detail. The following precedents have also been enhanced as part of the review process: Retainer Instructions -Sale of Land; and To do list – Sale We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in residential sale matters.

Temporary rent concessions for commercial leases – Side letter or deed of variation? A side letter which records the agreed temporary alteration to the existing lease, and which is not intended to have a lasting impact upon the lease terms. Read more...

This article details the major changes affecting major investors coming into force from April 2020. New EPC regulations Changes to the tax reliefs available for income tax and capital gains tax Tenants’ deposits Electrical safety standards A new surcharge on stamp duty land tax for foreign buyers of residential property Written by Louise Thomas, a London-based solicitor with over 25 years experience in all aspects of property conveyancing, this article will assist practitioners in advising landlord clients.

The By Lawyers Mortgages Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. Read more...