In accordance with the recent approval of a new Practice Direction 57AC promoting and enforcing best practice during the preparation of witness statements, the general precedent Witness Statement – Civil matters has been amended to include the new required wording. This can be found in the C. Blank Deeds, Agreements, Statements, Declarations, Consents & Execution Clauses folder which is on every matter plan. The wording is required in all witness statements which are signed on or after 6 April 2021 and are for trials in the Business and Property Courts. We are including the changes now so that practitioners are able to plan ahead and prepare their witnesses accordingly. Comments and feedback are always welcomed.

With criminal practitioners being busier than ever, we have enhanced our Criminal guide with a library of new initial letters to clients. Designed to accompany the Client Care and Terms of Business which are sent after the first meeting with a client, these letters have sufficient space for case-specific details and advice and already include the sentencing guidelines for an offence. The library can be found in the B. Getting the matter underway folder of the Criminal Magistrates Court matter plan and includes letters for the following offences: Drink driving Possession of Class A drugs Possession of Class B drugs Possession of Class C drugs Criminal damage Robbery – Street and less sophisticated commercial Wounding with intent Rape We encourage practitioners to use these letters, and welcome feedback and suggestions, particularly if other offences may be useful.

As practitioners may be aware, the Financial Services Compensation Scheme increased the length of time that temporary high balances were protected in bank accounts from 6 months to 12 at the start of the coronavirus pandemic. This protection has been reduced to 6 months again from 1 February 2021. The Practice Management guide has been amended accordingly.

An exciting and useful new guide to Leasehold property disputes has been published, with extensive commentary discussing commercial and residential properties from the point of view of both landlord and tenant clients. Matter plans which are tailored to acting for landlord or tenant claimants and defendants will assist practitioners to ensure that the right precedent is used at the right time. The commentary covers: Overviews of the court and tribunal systems, funding and alternative dispute resolution; Breaches of lease covenants by tenants; Breaches of lease covenants by landlords; Remediation and forfeiture; Commercial dilapidations and residential hazard reporting; Going to court under Parts 7 and 8 of the Civil Procedure Rules; Going to the First-tier tribunal. A number of precedents are included such as: Initial letters before action; Letters of response covering various situations; Notice before forfeiture under s 146 of the Law of Property Act 1925; Counter-notice claiming the benefit of the Leasehold Property (Repairs) Act 1938; Notice of landlord’s breaches of repairing covenants; Notice to former tenant regarding goods left and commercial premises; Example content for particulars of claim for a variety of circumstances; Quantified demand and schedule of dilapidations; Tenant’s response to dilapidations documents; Notice before tribunal application under s 22 of the Landlord and Tenant Act 1985; All the standard forms and letters for court and tribunal proceedings. We invite you to explore this new publication and to consider the wealth of assistance the Leasehold Property Disputes publication offers.

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.

By Lawyers are delighted to announce the release of our new publication on Lease extensions. This useful new publication will enable practitioners to guide landlord and tenant clients through the statutory process of extending the term of a lease. The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Conveyancing process Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Deed of surrender and regrant of lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.

By Lawyers are delighted to announce the release of our new publication on Enfranchisement. This useful new publication will enable practitioners to guide freeholder and tenant clients through: Collective rights – Enfranchisement Tenants right of first refusal Collective rights – Right to manage Individual rights – Enfranchisement of a leasehold house The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Bona Vacantia, County Court and First-tier Tribunal applications Conveyancing processes Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Tenants Participation Agreement Articles of Association for a Right to Manage Company Statutory Declarations of occupation Deed of Surrender of Lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.

A valid Energy Performance Certificate must be provided in order to market a property. The Purchase of Property and Sale of Property commentaries have been updated to provide information about where Energy Performance Certificates and reports are centrally registered including details of the new location for the Energy Performance of Buildings Register. These certificates can be downloaded for free by anybody. We invite you to explore these updated publications and welcome Comments & Suggestions as always.

All probate applications must be made online from 2 November 2020, with a few permitted exceptions for complex applications. The Estates commentary has been updated to reflect this change, and to provide a list of the exceptions for which a postal application may be made.

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.

By Lawyers are delighted to announce that the Enforcement guide has been published. A whole new commentary with practical advice is available together with precedents and a matter plan. We invite you to explore this new publication and to consider the wealth of assistance the guide offers for lawyers acting in the enforcement of a judgment. 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 By Lawyers Practice Management publication has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. Read more...