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 By Lawyers Trusts guide has been reviewed and updated to ensure that the commentary and precedents are in line with current law and practice. The extensive review takes a practical approach, drawing on our considerable experience to cover all aspects of procedure, with a focus on practical tips that will help practitioners confidently run a Trusts matter to completion. Commentary has been expanded covering the creation of a trust including gathering information, transferring assets to the trust and registration of the trust. New precedents have been included: Enclosure for clients explaining the rights and duties of a trustee Deed of novation of contract to a trust Receipt for trust asset Letter to insurer giving notice of assignment of pension or insurance policy Deed of assignment of chattels to a trust We invite you to explore this updated publication and to consider the wealth of assistance the Trusts guide offers.

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.

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.

Legislation coming into force will permit wills to be executed and witnessed using video-link facilities. Whilst the legislation is not yet in force, it is anticipated that it will have retrospective effect, meaning that wills executed using video-conferencing since 21 January 2020 will be valid if the correct process was followed. Read more...

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.

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.

As a response to a user request, the matter plan has been amended to include a letter sending a blank form FP8 Notice of Change of Solicitor to a client at the start of the matter, to assist practitioners in ensuring that a signed copy of this is on file should the need arise later in the matter. The user who requested it kindly let us know that it is ‘wonderful to have such amazing speedy support from By Lawyers’. The matter plan also now provides a link to the new interactive PDF version of the form E Financial Statement. The interactive PDF will populate fields, calculate figures and guide practitioners through the form. More information about this form is available from the LEAP Content Blog.

The By Lawyers Private Child Arrangements guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review took a practical approach to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a private children matter. The commentary covering witnesses has been expanded. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and practitioners.

Dealing with coronavirus legal issues is currently a major challenge for legal practitioners everywhere. A great deal of emergency legislation has been passed already in response to the pandemic, both temporary and permanent. Temporary arrangements are daily being introduced by courts, the land registry and other authorities to allow business to be transacted despite the need for social distancing. There are also practical measures that can and must be taken to allow practitioners to continue to provide their services and assist their clients. By Lawyers have produced a publication which brings together in one place a collection of practical information to help the profession at this time. Dealing with coronavirus legal issues is a valuable resource for practitioners. It is available now by clicking on the link at the top of the matter plan in every By Lawyers Guide. The Dealing with coronavirus legal issues publication will be updated and enhanced as the response to the pandemic develops. As always, By Lawyers will keep practitioners abreast of ongoing changes and provide our trademark practical assistance to guide the profession in these difficult times.

By Lawyers have released a Working from Home Policy for adoption or amendment by firms. The new policy outlines consideration of a general nature as well as discussing security and confidentiality, insurance, working hours and so on. This new policy may be found in the Practice Management guide – Library of firm policies.

This article details the major changes affecting major investors coming into force from April 2020. New EPC regulations Changes to the tax reliefs available for income tax and capital gains tax Tenants’ deposits Electrical safety standards A new surcharge on stamp duty land tax for foreign buyers of residential property Written by Louise Thomas, a London-based solicitor with over 25 years experience in all aspects of property conveyancing, this article will assist practitioners in advising landlord clients.

With the threat and uncertainty surrounding the coronavirus many practitioners will be asked to prepare documents that assist clients to manage their affairs should the need arise. By Lawyers commentary and precedents for Wills, Powers of Attorney and Advance Decisions (Living Wills) are available online to assist practitioners in responding to these requests. Read more...

From the 10th January 2020, the 5th Money Laundering Directive (5MLD) will come into force. In support of these new compliance requirements, By Lawyers has made several precedent amendments. In particular the Client Details and Verifying Identity precedent now recommends an electronic identification verification process but continues to support a manual process should that be necessary. Practitioners can elect whether the client has passed the verification successfully or whether the client details have been passed on to the AML Officer for enhanced due diligence. For manual verification practitioners are able to record an acknowledgment that identity documents were produced personally, and the photographic ID was a good likeness of the person producing them. Other changes include: The precedent now captures sex and nationality detail; and Politically exposed persons (PEP) are covered in greater depth with a number of suggested searches firms should be undertaking. The details about a PEP client can be recorded on the precedent along with the provision for a senior partner to authorise the firm to act. The retainer instructions have also been amended to include an acknowledgement that the instructions relate to a PEP and require a senior partner to authorise the firm to act.

The By Lawyers Domestic Violence publication has been reviewed and updated by our authors as part of our continuing review process. This review saw the commentary in particular enriched with a deeper more practical approach to running such a matter.