The By Lawyers Financial Remedies Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. Read more...

In the light of the UK Government’s Living with COVID-19 plan the Dealing with legal issues during COVID-19 publication has been amended and updated. This helpful resource can be found at the top of every matter plan and covers a wide range of issues.

Two new precedent Deeds of Easement have been made available on the Sale of Land matter plan: a general deed of easement which can be adapted to suit the grant of standard rights between grantor and grantee; and a deed of easement which incorporates mutual obligations for positive covenants to run with land.

The By Lawyers Criminal Law Guide has been reviewed and updated to ensure that the commentaries 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 to run a criminal matter to completion confidently. Commentary and new precedents dealing with the following areas have been included: The victim surcharge and Cuthbertson, R. v [2020] EWCA Crim 1883; The professional users access scheme; Family proceedings disclosure; The effects of the Criminal Procedure Amendment Rules 2021; Cautions, community resolutions and triage; and Perjury. We invite you to explore this updated publication and to consider the wealth of assistance the Criminal Law Guide offers.

To assist practitioners working in estate administration, the Probate and Letters of Administration guides have been enhanced with commentary covering variation of testamentary and intestate dispositions and the effect that they may have on the estate’s tax position. In addition, 11 new post-death deed of variation precedents have been published which cover the most common requirements. We invite you to explore these updated publications. Comments and feedback are always welcomed.

InfoTrack’s property report is an opportunity to do conveyancing differently. Having seen a couple of demonstrations of the new ‘property report’ feature from InfoTrack it is clear that the use of clever technology to simplify the lives of conveyancers is here to stay. Drawing information from a number of sources into one place, the property report is mostly completed before a practitioner has even touched their keyboard, but is fully customisable to ensure that clients receive tailored information. Land Registry information, search results and replies to enquiries are all included. The InfoTrack enquiries platform was a revelation, and a revolution, to this author. Hyperlinks to InfoTrack have been incorporated into the matter plan and there is a new Letter to seller’s solicitor with amended contract and draft transfer – Enquiries via InfoTrack which alerts the other side to the process.

Two special conditions have been added to the Library of special conditions found in the C. Contract folder of the Sale of land matter plan. These relate to the buyer reimbursing the seller for the costs of searches or reports and the buyer’s responsibilities where a property is sold subject to a tenancy agreement.

We are very pleased to announce the release of the Short Residential Tenancies guide to complement our many comprehensive Conveyancing and Property guides. This guide covers all aspects of practice and procedure when preparing, managing and ending a short residential tenancy. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes: Commentary on the types of short-term residential tenancies; Guidance on creating short-term residential tenancies; Tenancy agreements to suit various situations; An inventory and inspection report to assist with managing a tenancy; and Notices to end a tenancy. The Short Residential Tenancies guide is an invaluable resource for all practitioners who wish to prepare, manage and end a short residential tenancy. We invite you to explore the new guide. Comments and feedback are always welcomed.

Off-payroll legislative reform comes into force 6 April 2021 for medium to large businesses. For further details see the Contracts for employment section in our Employment Law – Non-contentious commentary.

From 1 April 2021, a new Help to Buy scheme comes into force. For further details see the Help to Buy section in our Purchase of Land commentary. From 1 April 2021, The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 will apply to all private rented sector landlords of residential premises in England, including licences to occupy and houses in multiple occupation, with costly sanctions for non-compliance. For further details see the Buy to Let section in our Purchase of Land commentary.

The Commercial Lease guide has been enhanced with points to note from the recent case of Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2020] EWHC 1263 (Ch) regarding service charge certificates.

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.

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.

The Purchase of Property commentary has been updated to include two new cases of note. Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 is an interesting case on the pitfalls of asking for forgiveness rather than permission. A developer built thirteen affordable houses on a piece of land which was encumbered by a restrictive covenant preventing the construction work. While the public interest benefit of the houses was clear, so was the conduct of the developer in proceeding without covenant consent. Planning permission had been obtained, but of course this is no guarantee of lawfulness. The developers lost their application under s 84 of the Law of Property Act 1925 to have the covenant disapplied, proving that restrictive covenants should be ignored at a purchaser’s peril. Fiander & Anor v Revenue & Customs [2020] UKFTT 190 (TC) is a heartening case for practitioners who are worried about multiple dwellings relief being incorrectly applied to stamp duty land tax. Claims handlers are actively approaching home-owners with offers of running negligence claims against conveyancers who may have failed to apply this relief on their client’s behalf when properties may qualify. This case makes it clear that establishing a ‘separate dwelling’ is not as easy as some clients may believe.

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.