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 Domestic Violence Orders publication has been expanded to include additional information about Legal Aid funding, some new precedent letters, and ready access to the Legal Aid Agency forms. Read more...

By Lawyers have amended the Partnership Agreement and the Limited Partnership Agreement precedents to include a new clause for the distribution of profits. Other amendments have also been made. Read more...

The Core Practice Management Standards of the Conveyancing Quality Scheme commenced today. These standards help to clarify the scheme requirements and assist firms to implement the necessary policies, procedures and plans.

At By Lawyers we love to hear from you. After all, our philosophy is focused on practical materials to assist practitioners to get the job done and to enjoy practice more. At the bottom of each matter plan we have included a hyperlink to Comments & Suggestions. Clicking on the link will open a form which users can fill out and submit. The form will require your name and email but that is simply so we can respond to you personally. Is there a precedent you need? A topic to be discussed? A point of view to be expressed? Share with us. We would love to hear from you!

By Lawyers has published a new publication: Trusts. With a comprehensive commentary and precedents, the Trusts publication deals with establishing a new trust, amending an existing trust, and bringing a trust to an end through vesting or termination. Read more...

The rush of applications to avoid the coming fee rise sees probate registries accepting applications noting that inheritance tax forms will follow. This is but a brief respite and will end once the new fees are introduced.

The library of precedents within the financial settlements publication in family law has been increased in order to assist solicitors when preparing documents for financial settlement proceedings. Read more...

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.

Following a subscriber request, we have published a new Scope of work – Deferred payment scheme. Read more…

The Employment guide has been enhanced with sample documents for clients to use during a disciplinary process. Recent caselaw has been added to the commentary. Read more...

The rise in later-life divorce – often referred to as silver splitters – is an increasingly visible trend in family law. This article explores key legal issues and practical considerations for practitioners handling later-life divorce, particularly in high-net-worth cases. Read more…

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.