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Summary Of Key Obligations Of Anti-Money Laundering Guidance For Legal Sector
18 April 2021
1 min read

Summary Of Key Obligations Of Anti-Money Laundering Guidance For Legal Sector

We have published a new commentary, A summary of the key obligations of the Anti-money laundering guidance for the legal sector which sets out the essential information that practitioners need to know to ensure that they comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. The new commentary can be found in the Compliance requirements folder on every By Lawyers matter plan. The goal of By Lawyers is take the intimidation out of the law and ensure that our clients enjoy practice more. As a result, all By Lawyers commentaries are published with a focus on providing a sensible appreciation of law and practice in England and Wales.
Practice Management
Trial Bundles And Court Bundles
14 December 2020
1 min read

Trial Bundles And Court Bundles

New precedents have been added to the By Lawyers Family and Debt Recovery publications: The Family Court – Court bundle cover page and spine and Family Court – Court bundle index have been added to the Financial Remedy and Private Child Arrangements guides. The County Court, High Court and Appeal Court – Trial bundle cover page and County Court, High Court and Appeal Court – Trial bundle index have been added to the Debt Recovery guides. The precedents are customised for each court and comply with each court's requirements. The precedents will assist practitioners to create an indexed collection of documents that the parties rely on during the hearing. A properly compiled and indexed court bundle or trial bundle allows solicitors, counsel and the bench to easily navigate the matter.
Litigation and Disputes
Litigation – Costs Management And Recent Case Law
30 September 2020
1 min read

Litigation – Costs Management And Recent Case Law

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.
Litigation and Disputes
Just The Ticket – Property Raffles
19 August 2020
1 min read

Just The Ticket – Property Raffles

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.
Conveyancing and Property
Wills Guide
23 June 2020
1 min read

Wills Guide

As commentators are suggesting that wills signed during the coronavirus pandemic may be more open to challenges, a new Will Execution Attendance Note precedent has been added to the Wills matter plan to assist with Larke v Nugus requests. The attendance note when coupled with the retainer instructions prompts practitioners to consider and briefly note the situation surrounding the taking of instructions and the execution of the will. These documents, readily completed at the time, will assist practitioners should a request for information ever arise in the future. The opportunity has also been taken to add a precedent To Do List – Wills to the guide in order to assist practitioners with file management.
Wills and Lifetime Planning
Domestic Violence Guide Review
03 June 2020
1 min read

Domestic Violence Guide Review

The Domestic Violence Orders Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. The extensive review was performed with a focus on practical tips that will help lawyers confidently run a matter to completion. Commentary covering types of domestic abuse including coercion, financial and online abuse has been expanded. Additional example content for witness statements have been included in the example content precedents and a new To Do List – Domestic Violence Orders has been created to assist practitioners. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for lawyers acting for applicants or respondents in domestic violence matters.
Family Law
Updating Financial Remedy
27 April 2020
1 min read

Updating Financial Remedy

Our Financial Remedy Guide underwent a recent review with considerable commentary enhancements to include greater practical detail on topics such as financial dispute resolution appointments, costs and clean break lump sums. The Retainer Instructions – Financial Remedy, which is a useful risk management tool, was also further developed to include sections for clients to consider their financial position in order to assist in the completion of a Form E Financial Statement. This is an excellent publication providing practical and useful information for practitioners when conducting a Financial Remedy matter.
Family Law
Sale And Purchase Of Business Guide Reviews
27 April 2020
1 min read

Sale And Purchase Of Business Guide Reviews

The By Lawyers Sale and Purchase of Business guides have been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. As with all our guides, they take a practical approach, drawing on our authors’ considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a sale or business purchase matter to completion. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in the sale or purchase of a business.
Business and Franchise
New Training And Development Schedule
24 January 2020
1 min read

New Training And Development Schedule

In response to subscriber feedback By Lawyers has enhanced content relating to staff training and continuing competence requirements. Additional guidance on the topic has been added to the Practice Management commentary and a new precedent ‘Training and development schedule’ provided. This precedent will help subscribers plan, review and record continuing competence activities as required by The Law Society and SRA.
Practice Management
Reservation Agreement
17 October 2019
1 min read

Reservation Agreement

A precedent Reservation Agreement has been added to the sale and purchase of land guides. The agreement is designed to bind the parties to an agreed pre-exchange time frame in which the seller will not deal with third parties, and the buyer will either exchange the offered contract or withdraw on discovery of serious adverse affectations through the usual investigations, searches and enquiries. By this means the parties are able, immediately following agreement and issue of the contract, to be confident that the transaction will proceed in the absence of unforeseen and unexpected circumstances.
Conveyancing and Property
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