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 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.

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.

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 period of enforced suspended animation brought about by the pandemic is coming to an end and for the majority there is a sigh of relief and a strong desire to return to normality. However, having been enveloped in a state-controlled protective cocoon for months, the reality is that the Piper’s very large bill now needs be paid and the wake-up call is going to be harsh. 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 Estates commentary has been updated to reflect operational changes brought in by HM Revenue & Customs and the Probate Registry. HM Revenue & Customs will no longer print and stamp the inheritance tax Probate Summary, form IHT421, and return it to customers. Instead, they will email the IHT421 directly to the HM Courts & Tribunals Service. They will let the agent or taxpayer know when they have done this either by writing, or by adding a note to the IHT calculation. HM Revenue & Customs will no longer be accepting cheque payments for IHT, or making IHT repayments by cheque. They have started to update various IHT forms to include space to add bank details. To date, the provision to add bank details has been added to the Claim for Relief – Loss on Sale of Shares, form IHT35, and Inheritance Tax Account, form IHT100. Practitioners should make sure that they are using the latest versions of all forms. Probate applications should be sent to the Oxford and Newcastle district registries only, and not Cardiff or Harlow. The Estates commentary provides practical guidance for all those running probate files.

As we hurtle down the tracks towards commonhold, it is predicted that draft legislation will be laid before parliament mid to late 2021, with the biggest swathe of leasehold reform since 1925. However, when we finally arrive at our destination, the swathe may not be as big, or as revolutionary, as we would hope. Read more...

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 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.

From 20 April 2020 existing statements of truth for estates will be replaced by the new grant of representation application forms. Old-style Statements of Truth received after that date will be rejected by the Probate Registries and practitioners asked to submit the appropriate new form instead. The implementation of the new forms is part of HM Courts & Tribunals Service’s drive to streamline its systems thereby enabling bulk scanning. This in turn is expected to reduce errors and speed up their processes. The new forms which may be found on the matter plan are: PA1A – Probate application – without a will PA1P – Probate application – with a will PA8A – Application to stop, or extend a stop on a grant of representation (Caveat)

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.