The Commercial Lease guide has been enhanced with points to note from the recent case of Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2020] EWHC 1263 (Ch) regarding service charge certificates.

New precedents have been added to the By Lawyers Family and Debt Recovery publications: The Family Court – Court bundle cover page and spine and Family Court – Court bundle index have been added to the Financial Remedy and Private Child Arrangements guides. The County Court, High Court and Appeal Court – Trial bundle cover page and County Court, High Court and Appeal Court – Trial bundle index have been added to the Debt Recovery guides. The precedents are customised for each court and comply with each court's requirements. The precedents will assist practitioners to create an indexed collection of documents that the parties rely on during the hearing. A properly compiled and indexed court bundle or trial bundle allows solicitors, counsel and the bench to easily navigate the matter.

The Criminal commentary has been enhanced with information about the new technology and case management platforms being introduced in police stations, prisons and courts. More detail has also been added around the practical aspects of hearings, including video and telephone hearings. New guidance leaflets for clients Enclosure – Checklist for client going to court, Enclosure – Information sheet – Magistrates’ Court process and Enclosure – Information sheet – Crown Court process have been added to assist practitioners in preparing their clients.

The Purchase of Property commentary has been updated to include two new cases of note. Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 is an interesting case on the pitfalls of asking for forgiveness rather than permission. A developer built thirteen affordable houses on a piece of land which was encumbered by a restrictive covenant preventing the construction work. While the public interest benefit of the houses was clear, so was the conduct of the developer in proceeding without covenant consent. Planning permission had been obtained, but of course this is no guarantee of lawfulness. The developers lost their application under s 84 of the Law of Property Act 1925 to have the covenant disapplied, proving that restrictive covenants should be ignored at a purchaser’s peril. Fiander & Anor v Revenue & Customs [2020] UKFTT 190 (TC) is a heartening case for practitioners who are worried about multiple dwellings relief being incorrectly applied to stamp duty land tax. Claims handlers are actively approaching home-owners with offers of running negligence claims against conveyancers who may have failed to apply this relief on their client’s behalf when properties may qualify. This case makes it clear that establishing a ‘separate dwelling’ is not as easy as some clients may believe.

With every new costs management practice direction comes a new spreadsheet and the 122nd Practice Direction update was no different. According to the revised Practice Direction 3E, Precedent T should be used from the 1st October to advise the court and other parties about variations in the costs budget during claims. Oppressive behaviour is also mentioned in the new practice direction and parties who believe that they are being pressured into spending money unnecessarily can apply to the court for relief. The By Lawyers Debt Recovery publications have been updated accordingly and Precedent T is available in the matter plan. The opportunity was taken to enhance the commentaries with recent case law discussions regarding: Security for costs applications relating to the economic consequences of COVID19. Reasonable adjustments which allowed a vulnerable witness to provide evidence. Choice of expert to provide evidence. The costs consequences of withdrawing a Part 36 Offer. The admissibility of ‘without prejudice’ material in limited circumstances. We invite you to explore the updated Debt Recovery – Acting for Claimant and Debt Recovery – Acting for Defendant publications. Comments and feedback are always welcomed.

Following a user request, a new Deed of assignment of equitable interest in residential land has been added to the ‘Blank Deeds, Agreements, Statements, Declarations, Consents and Execution clauses’ folder which is available in the ‘A. Getting the matter underway’ section of every matter plan. We trust that users will find this new document helpful. Comments and feedback are always welcomed.

A sharp increase in the number of property raffles over the last few months has prompted the enhancement of the Sale of Land commentary with discussion of the pitfalls and problems surrounding this unusual method of sale. Covering areas such as gambling legislation and advertising standards, practitioners who are approached by clients interested in a seemingly swift sale can now read this practical advice. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Purchase of Land commentary has been enhanced to include, in addition to searches of local registers carried out by local authorities, the process for applications for searches of a local authority register which have been migrated to HM Land Registry and are made using the registry’s Search for local land charges service. We invite you to explore this updated publication. Comments and feedback are always welcomed.

Discussion of trust of land claims has been added to the Financial Remedy guide, enabling family law practitioners to gain an appreciation of the case law and process in this area. Covering an overview of trust law, a number of key cases and practical points to consider when dealing with disputes and making applications to court, this section of the guide will help practitioners when encountering this complex area. More informaiton is also available in the Freehold Property Disputes guide.

The Powers of Attorney and Advance Decisions publication has been reviewed and updated in accordance with the Office of the Public Guardian’s new digital service, known as Use a Lasting Power of Attorney. 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.

A new publication relating to the law and practice of debt recovery matters has been published. This comprehensive and easy to follow publication provides commentary and precedents for the conduct of debt recovery matters, both before and during court proceedings, when acting for a claimant or defendant. It includes: Commentary discussion of: the pre-action protocol and practice direction; alternative dispute resolution and offers to settle; issuing proceedings and responding to them; default and summary judgment; case management, disclosure and trials. Precedents for: conditional fee agreements; letters of demand; particulars of claim; settlement agreements; defence and counterclaims; chronology, case summary and trial bundles. Also letters to clients explain the process and protocols, and standard letters to other parties give practitioners all the focused and practical guidance they need. We invite you to explore our new Debt Recovery publication and consider the wealth of assistance it offers.

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.

The By Lawyers Residential Lease commentary has been updated to reflect changes to capital gains tax payment deadlines. A short note regarding income tax has also been added.

The By Lawyers Purchase of Land Guide has been reviewed and updated to ensure that the commentaries 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 purchase matter to completion. The commentary has 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. A new section on finance and funding draws together all the financial aspects of the transaction, including mortgages, taxes and help to buy funding. Issues surrounding short term lets, for example Airbnb, are discussed. The section about pre-exchange searches has been expanded. The process by which contracts are exchanged has been amplified, including a worked example of using Formula C. Post-completion tasks are discussed in greater detail. The retainer instructions have been updated. The to do list has been updated. The summary of the conveyancing process has been updated. The matter plan now includes new precedents: New and amended possible enquiries, including a set specifically for new build properties. A letter sending the help to buy ISA declaration to clients, and a link to the declaration itself. An access undertaking for use when buyers would like access to the property between exchange and 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 residential purchase matters.