Part of our series of common legal questions and their answers, we look at the difference between property ownership and a tenancy. Read more...

The accelerated first appointment procedure enables clients to reduce costs and skip straight to a financial dispute resolution hearing if an agreement has been reached. Read more...

Divorce law changed on 1 April 2022; these are the main changes. Read more...

Following a recent request, and in consultation with our family law author, we have developed a Questions on the financial statement precedent for the Financial remedy guide. Read more...

Our recent spring clean of the Private child arrangements guide has seen additions to the commentary including case law, guidance around spotting and responding to parental alienation, and applying for barring orders under s 91(14) of the Children Act 1989.

Dismissal from work is traumatic, made even worse when the circumstances are unfair and the dismissal is the culmination of a distressing and difficult situation. Read more...

We have removed the link to Dealing with Brexit legal issues from the top of the matter plans as the changes are no longer urgent. The publication remains in the Reference Materials folder of the Practice Management guide for reference.

Court of Protection applications have been given their own guide containing commentary on making an application, deprivation of liberty, managing and terminating a deputyship. The matter plan contains all the letters and forms necessary for this work.

With every new costs management practice direction comes a new spreadsheet and the 122nd Practice Direction update was no different. According to the revised Practice Direction 3E, Precedent T should be used from the 1st October to advise the court and other parties about variations in the costs budget during claims. Oppressive behaviour is also mentioned in the new practice direction and parties who believe that they are being pressured into spending money unnecessarily can apply to the court for relief. The By Lawyers Debt Recovery publications have been updated accordingly and Precedent T is available in the matter plan. The opportunity was taken to enhance the commentaries with recent case law discussions regarding: Security for costs applications relating to the economic consequences of COVID19. Reasonable adjustments which allowed a vulnerable witness to provide evidence. Choice of expert to provide evidence. The costs consequences of withdrawing a Part 36 Offer. The admissibility of ‘without prejudice’ material in limited circumstances. We invite you to explore the updated Debt Recovery – Acting for Claimant and Debt Recovery – Acting for Defendant publications. Comments and feedback are always welcomed.

A sharp increase in the number of property raffles over the last few months has prompted the enhancement of the Sale of Land commentary with discussion of the pitfalls and problems surrounding this unusual method of sale. Covering areas such as gambling legislation and advertising standards, practitioners who are approached by clients interested in a seemingly swift sale can now read this practical advice. We invite you to explore this updated publication. Comments and feedback are always welcomed.

With the recent publication of the Law Commission report, clearly moves are afoot in the residential leasehold world to balance out the disparity between the rights of landlords and those of their tenants. Time will only tell what is finally put on the platter for general consumption on that planet. But let us travel deeper into the universe and visit planet ComZog, commonly known on Earth as the commercial leasehold world. 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.

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...

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 the first steps when opening a matter are so important, we have reviewed this section of our commentaries. Read more…