By Lawyers are delighted to announce the release of our two comprehensive guides to UK Immigration law, providing practitioners with detailed but easy to follow commentary and a complete suite of precedents for managing any immigration matter, from initial engagement to final determination. Read more...

Two new precedent Deeds of Easement have been made available on the Sale of Land matter plan: a general deed of easement which can be adapted to suit the grant of standard rights between grantor and grantee; and a deed of easement which incorporates mutual obligations for positive covenants to run with land.

n response to a user request, we have compiled four example content documents covering the four most common concise financial remedy orders: Concise clean break order with one joint account to close and one property to be sold; Concise clean break order with a lump sum payment, one pension to be shared and one property to be transferred; Concise order with spousal maintenance, one pension to be shared and one property to be transferred; and Concise Mesher order for deferred sale. These can be found in the Financial Remedy guide, within the C. Settling it early folder. They are alongside a Template Financial remedy order into which the example content can be copied and pasted. The paragraphs in the Clauses for a Financial remedy order (The Orders Project - Financial Remedy Omnibus) can be used to supplement the new concise orders to cater for more complex situations. We have also produced a Deed of assignment to secure legal costs - Sears Tooth Agreement also in response to a user request. This can be found in the Getting the matter underway folder.

Following the government announcements that breathing spaces are being extended for business tenants and companies, the Dealing with legal issues during COVID-19 publication has been updated.

We are very pleased to announce the release of a Letters of Administration guide. The guide covers all aspects of practice and procedure when acting in the administration of an estate where there is no will, or there is a partial intestacy. The guide assists practitioners with all aspects of the estate administration from applying for a grant through to distribution. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes law and procedure relating to the intestacy rules and the impact that they have on the distribution of the estate to creditors, claimants and beneficiaries. A number of new precedents have been published, including: 6 examples for the content of an administrator’s statement of truth; A full suite of letters to administrators, beneficiaries and third parties; and A very useful precedent Estate Summary Pack. The Letters of Administration guide is an invaluable resource for all practitioners who deal with estate administration, including those with limited experience in this area or those supervising junior lawyers.

Following some recent user feedback, the File Closing Checklist has been re-organised to enhance the logical sequence of the precedent. By grouping the items for review such as matter considerations, finance considerations, and file logistics, the improved layout will assist practitioners to complete these very important forms as part of their risk management strategy

A folder of new precedents for clients who are commencing or operating small businesses has been added to the Purchase of Business, Companies and Partnerships guides. The new library of precedents provides a suite of documents which practitioners can provide to their clients who own and operate small businesses, to assist them with the day-to-day running. These documents can be provided to clients both when they are setting up or purchasing a new business and when required for existing businesses. The documents are general in nature so they can be customised and amended as required for the needs of different clients. The precedents are designed to apply across various sectors, whether traditional storefront retail or online and whether supplying products or services. These new precedents are: Agreement for supply of goods and services Credit application Data protection policy for a business Dispatch and delivery policy Director guarantee Liability waiver and consent Returns and refunds policy Example tax invoice Terms of trade Website terms of use for advertising and booking personal services Website terms of use for downloadable online products Website terms of use for physical products The new If required - Library of precedents for small business clients folder is located in: Purchase of Business matter plan - in folder H. Mid-transaction Companies matter plan – in folder B. Setting up a company Partnerships matter plan – in folder D. General business This practical material was added to these existing By Lawyers publications in response to requests and suggestions from By Lawyers users. The precedents provide practitioners with additional tools so they can better assist their clients with all aspects of their business. We invite you to explore these new precedents. Comments and feedback are always welcomed.

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.

Off-payroll legislative reform comes into force 6 April 2021 for medium to large businesses. For further details see the Contracts for employment section in our Employment Law – Non-contentious commentary.

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.

The Sale of Property, Purchase of Property, Mortgages and Leases guides have been enhanced with the inclusion of guidance around the Safe Harbour Standard which is being introduced by HM Land Registry. The standard is designed to assist practitioners in meeting the strict requirements for verifying client identification and provides practical clarity in this area.

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.

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.

We are very pleased to announce the release of a companion Motoring Offences guide to sit alongside our comprehensive step-by-step Criminal guide. This guide covers all aspects of practice and procedure when acting for the defendant in proceedings involving motoring offences in the Magistrates’ and Crown courts. The guide assists practitioners with all aspects of representing clients in traffic matters, from providing advice in relation to fixed penalty notices to going to court. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes: Law and procedure relating to alcohol and drug offences as well as offences involving licences, insurance, careless driving, dangerous driving, accidents and death. A summary of the fine and any disqualification period or imprisonment term is included for all common offences. A comprehensive Retainer Instructions precedent is included on the matter plan to ensure all necessary information is collected. Comprehensive discussion of the penalties including fines, penalty points, disqualification, community orders, imprisonment and ancillary penalties and orders. Practical guidance in preparing for court, with detailed commentary on analysing the charge and conducting plea negotiations. Information sheets for clients covering the court processes and what to do on the day of the hearing. A library of letters to clients and third parties including: Letter to police seeking speed gun operator’s certificate and experience; Letter to police seeking speed camera evidence and certificate of calibration; Letter to police seeking video, photo or CCTV footage; Letter to client requesting mobile phone records; Letter to mobile phone usage expert; Letter to client for driving licence check code; Letter instructing accident collision expert. The Motoring Offences guide is an invaluable resource for all practitioners who conduct motoring offence matters, including those with limited experience in this area or those supervising junior lawyers.

The Powers of attorney, advance decisions and court of protection commentary has been enhanced covering the creation and registration of lasting powers of attorney in greater detail. We have added discussion of the finer points of how and when the documents should be signed, as well as giving more information about using the online portal. We invite you to explore this updated publication. Comments and feedback are always welcomed.