Did you know that the LEAP completion statement can include leasehold apportionments? Read more...

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.

Two new precedents have been incorporated into the expansive Sale and Purchase of Business publication. Read more...

The Nuptial agreements publication was recently reviewed by UK author Robin Charrot of Evolve Family Law with particular focus on law and practice as it currently applies to nuptial and cohabitation agreements in England and Wales. Although there is no indication that legislation is imminent regarding binding Qualifying Nuptial Agreements as envisioned by The Law Commission, By Lawyers continues to maintain a watching brief over all UK legislation to keep users informed and our publications up to date.

The Practice Management publication is undergoing a makeover to ensure it complies with best practice and SRA regulations. Read more...

According to the Solicitors Regulation Authority (SRA) almost one quarter of firms do not adequately explain leasehold tenure and the associated issues. Accordingly, By Lawyers have reviewed the precedent Report on title – Leasehold in an effort to provide clients with a much clearer understanding of the implications of purchasing a leasehold estate. Plain language communications, particularly with clients, is a primary focus for By Lawyers.

Interim guidance has been issued to enable an extension of the statutory 26-week deadline in guardianship proceedings. The guidance has been issued by the Family Justice Council and approved by the President of the Family Division, Sir Andrew McFarlane. Read more...

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...

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!

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.

As users will be aware, this folder of vital precedents is present in every guide and always located in the ‘Getting the matter underway’ folder. There has now been a full review of the accompanying commentary, with guidance added around privity, ‘force majeure’ clauses and electronic execution. The precedent documents have been reviewed and updated to ensure that each one is uniformly formatted and easy to read, use, amend and customise to a particular client and situation. A new standard clause excluding the rights of third parties has been included in the Standard clauses for deeds and agreements folder and a standard statutory declaration of solvency is now available in the Statements and declarations folder of the matter plan. General precedents for an affidavit and exhibits prepared outside court proceedings are also now included in this folder, as well as gathering together the general civil and family matter witness statement precedents that are already included in other publications. New deeds for change of name have been added in a folder of their own, Change of name, with subfolders to assist in the event that adults or minors wish to enrol their change of name deeds at the Supreme Court. The full list of new precedents is therefore: Third parties clause; Affidavit – General; Exhibit sheet for affidavits – General; Witness statement – Family matters; Exhibit sheet to witness statement – Family matters; Witness statement – Civil matters; Exhibit sheet to witness statement – Civil matters; Statutory declaration of solvency; Change of name deed for an adult – Concise; Change of name deed for a minor – Concise; Change of name deed for an adult - For enrolment; Statutory declaration – Enrolment of adult change of name deed; Notice for the London Gazette on the change of name of an adult; Consent to enrolment of change of name of an adult; Change of name deed for a minor – For enrolment; Statutory declaration – Enrolment of minor change of name deed; Affidavit of best interest for the change of name of a minor; Consent to enrolment of change of name of a minor. We invite you to explore this updated publication. Comments and feedback are always welcomed.

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.