Part of our series of common legal questions and their answers, we look at the legal rights and obligations for personal data protection and privacy. Read more...

Clients often ask for advice about the types of business structures available, and which might be best suited to their situation. The Business structures and the comparative table reference manual has been added to the Resource materials folder in a number of business and corporate guides. Read more...

In order to further enhance communications between practitioners and their clients we have added to the initial letter an informative summary of the conveyancing process. This easy to follow chart is a step by step explanation of the process from the point of view of both the seller and the buyer. The matter plan provides letters for each step of the process, informing the client, the agent and other interested parties that the transaction has advanced to that stage.

From 1 March 2019 the time limit for filing stamp duty land tax returns and making payments was reduced from 30 days to 14 days. This affected residential and commercial properties. Please note the 30-day limit continues to apply where a further return is required.

The By Lawyers Financial Remedy publication has been reviewed and updated by our authors as part of our continuing review process. The review included several new precedents and greater commentary detail.

To assist practitioners when making an emergency application for a limited grant to preserve assets in estates, By Lawyers have drafted a precedent Example Content - Statement of Truth - Ad Colligenda Bona - Limited Grant. Read more...

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...

We are pleased to announce that a new Estates Disputes publication has been published. Comprising two guides, Estate disputes – Acting for the claimant and Estate disputes – Acting for the defendant, the publication contains all the commentary, precedents, and forms needed. Read more...

A new article about cohabitees rights sets out the problems and solutions that currently exist. Read more...

Following a user request, a new Deed of Variation of Rentcharge has been added to the Sale of Land guide. The new deed enables parties to relinquish any remedies for breaching an existing rentcharge deed. As lenders become more anxious about the possible effects of s 121 of the Law of Property Act 1925 and the potential for leases to be granted where rentcharges are outstanding, we believe that this deed will be a useful tool for conveyancers in mitigating these risks for their lender and lay clients.

UK By Lawyers author Robin Charrot of Evolve Family Law has just completed a comprehensive review of the Divorce publication. He notes that the Divorce, Dissolution and Separation Bill was introduced June 2019 and has passed through a second reading in parliament. Whilst the actual introduction date is as yet unclear, he forewarns there will be a need for significant changes to the Family Procedure Rules to enable the legislation. By Lawyers is keenly watching the progress of these changes and will update the publication again as and when they come into effect.

Japanese knotweed has been highly problematic for sellers, buyers and lenders for many years. Its invasion can affect not only the structure of a property but also its value. Thanks to the success of specialist treatments and the availability of indemnity insurance fewer purchasers are withdrawing from sales due to its presence, and the reduction in purchase price sought has significantly reduced. It is believed that Japanese knotweed will be under control by 2040.

The Estates guide has been enhanced with the addition of some clarification of the operation of the Insolvency Act 1986 when assets pass by survivorship out of insolvent estates. Beneficiaries could be asked to make a payment to the estate within five years of the death if an insolvency administration order is made.

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.