By Lawyers are delighted to announce the release of our new publication on Lease extensions. This useful new publication will enable practitioners to guide landlord and tenant clients through the statutory process of extending the term of a lease. The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Conveyancing process Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Deed of surrender and regrant of lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.

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.

By Lawyers are delighted to announce the release of our new publication on Enfranchisement. This useful new publication will enable practitioners to guide freeholder and tenant clients through: Collective rights – Enfranchisement Tenants right of first refusal Collective rights – Right to manage Individual rights – Enfranchisement of a leasehold house The commentary discusses important issues in these areas including: Qualifying criteria Valuations Costs Timetables Bona Vacantia, County Court and First-tier Tribunal applications Conveyancing processes Withdrawal and termination The new guide also contains a complete suite of essential and useful precedents such as: To Do lists with timetables Enclosures for clients explaining the process All the statutory forms and notices Tenants Participation Agreement Articles of Association for a Right to Manage Company Statutory Declarations of occupation Deed of Surrender of Lease This guide is an invaluable tool for all practitioners working in leasehold property departments, including those with limited experience or supervising less experienced practitioners.

A valid Energy Performance Certificate must be provided in order to market a property. The Purchase of Property and Sale of Property commentaries have been updated to provide information about where Energy Performance Certificates and reports are centrally registered including details of the new location for the Energy Performance of Buildings Register. These certificates can be downloaded for free by anybody. We invite you to explore these updated publications and welcome Comments & Suggestions as always.

All probate applications must be made online from 2 November 2020, with a few permitted exceptions for complex applications. The Estates commentary has been updated to reflect this change, and to provide a list of the exceptions for which a postal application may be made.

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.

Legislation has now come into force permitting wills to be executed and witnessed using video-link facilities. The legislation has retrospective effect, meaning that any wills executed using video-conferencing since 21 January 2020 will be valid if the correct process was followed. The Wills commentary includes detailed discussion of the processes involved in the witnessing of a will using video-link. Precedents for client instructions, a practitioner’s checklist and an attendance note have been created, as well as example wording for a will attestation clause. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Debt Recovery – Acting for the Defendant commentary now includes greater detail on the process for applying to set aside a default judgment order. Example content has also been written for a Draft order – Setting aside default judgment on the basis of a real prospect of defending the claim. This, together with all the other forms needed for this application, are in matter plan folder F. Default judgment and summary judgment. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The continuing commitment of By Lawyers to updating and enhancing our publications has seen the Companies guide enhanced. Subscribers using this popular publication will find a number of new precedents: Letter to client advising on memorandum and articles of association; Articles of association for a private company limited by shares; Articles of association for a private company limited by guarantee; Articles of association for a property management company; Directors’ service agreement; Written resolution – General template; Written resolution – Amending articles of association; Resolution of meeting – Amending articles of association; Letter to shareholder giving special notice of resolution; Indemnity for lost share certificate. Comments and feedback are always welcomed.

By Lawyers has added a new document called ‘Enclosure – General advice to buyers’ to the ‘Getting the matter underway’ folder of the Purchase of Land Guide. This enclosure gives clients a basic overview of the various issues that may arise during the purchase transaction and will be useful for practitioners in explaining some of the conveyancing terms and concepts.

Following a user request, a new Deed of assignment of equitable interest in residential land has been added to the ‘Blank Deeds, Agreements, Statements, Declarations, Consents and Execution clauses’ folder which is available in the ‘A. Getting the matter underway’ section of every matter plan. We trust that users will find this new document helpful. Comments and feedback are always welcomed.

The By Lawyers Trusts guide has been reviewed and updated to ensure that the commentary 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 confidently run a Trusts matter to completion. Commentary has been expanded covering the creation of a trust including gathering information, transferring assets to the trust and registration of the trust. New precedents have been included: Enclosure for clients explaining the rights and duties of a trustee Deed of novation of contract to a trust Receipt for trust asset Letter to insurer giving notice of assignment of pension or insurance policy Deed of assignment of chattels to a trust We invite you to explore this updated publication and to consider the wealth of assistance the Trusts guide offers.

A folder containing ALL of the By Lawyers Retainer Instructions precedents has been added to the Practice Management guide. One of the most important tasks when acting in all areas of law is taking the initial instructions. At the commencement of the engagement with the client it is crucial to take accurate, comprehensive instructions covering every necessary aspect of the matter, so the scope of the retainer can be agreed, the issues identified and understood and the client properly advised. Every By Lawyers matter plan has these Retainer Instructions precedents, drafted and refined by experienced practitioners to make this critical process as efficient as possible. They assist practitioners to obtain all relevant information up-front. To make it easier to access these key precedents, especially when seeing new clients where a file has not yet been opened, all 28 of them are now available from a dedicated Library of retainer instructions in the By Lawyers Practice Management guide, under Folder A: The Practice. The availability of these precedents all together in one guide makes it very easy to save or print the relevant Retainer Instructions for any matter type to use in the initial conference with a client even before a dedicated client file is opened. As always, comments and feedback are welcomed.

A chapter has been added to the Powers of Attorney and Advance Decisions guide which deals with applications to the Court of Protection for deputyship orders. Commentary has been included on capacity issues, the application process and the role of a deputy. The matter plan includes all the necessary letters and forms to obtain an order, including those required for notifying the person involved and third parties. The Retainer Instructions and To Do List for these specific matters will ensure that thorough instructions are taken and the required timescales are met. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Wills commentary has been enhanced to include detailed discussion of the processes involved in the witnessing of a will using video-link. Precedents for client instructions, a practitioner’s checklist and an attendance note have been created, as well as example wording for a will attestation clause. We invite you to explore this updated publication. Comments and feedback are always welcomed