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.

The Commercial Lease guide has been enhanced with the inclusion of two new precedent documents to assist practitioners: Authorised guarantee agreement and Licence to assign. These can be found in the folder D. If Required – Sublease, assignment, variation and surrender.

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.

As a response to a user request, the matter plan has been amended to include a letter sending a blank form FP8 Notice of Change of Solicitor to a client at the start of the matter, to assist practitioners in ensuring that a signed copy of this is on file should the need arise later in the matter. The user who requested it kindly let us know that it is ‘wonderful to have such amazing speedy support from By Lawyers’. The matter plan also now provides a link to the new interactive PDF version of the form E Financial Statement. The interactive PDF will populate fields, calculate figures and guide practitioners through the form. More information about this form is available from the LEAP Content Blog.

In response to the criticism levelled at the profession for failing to adequately advise buyers of the distinction between freehold and leasehold titles to residential property, By Lawyers have produced a brief appreciation that can be sent to clients with their initial letter. You will find the precedent ‘Enclosure - A short explanation of the important distinction between freehold title and leasehold title’ on the purchase matter plan.

In response to a subscriber request, By Lawyers have published a New Build Contract for Sale. We would welcome any feedback subscribers might have.

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.

We have created a policy for firms to use within their staff handbooks which promotes the responsible use of AI in law firms, and requires staff to verify the output before use. Read more...

Part of our series of common legal questions and their answers, we look at the criteria for eligibility for the Cladding Safety Scheme. Read more...

The Family Procedure Rules have been amended to encourage the use of non-court dispute resolution before cases reach court. Read more…

The Looking to the Future commentary, available in the reference materials folder of the matter plan, has been updated to include recent legislative changes and new bills. Read more...

The By Lawyers Criminal Offences App has been updated to reflect changes to several sentencing guidelines published by the Sentencing Council and effective from 1 April 2024. Read more...

Following a user request, we have published Enclosure – Conveyancing glossary as a document to give to clients explaining the jargon and help them understand the conveyancing process. Read more...

For centuries, a litigant's recurring nightmare of their costs bill can be found in a murky corner of every firm. Here, mischievous goblins weigh files, triple the weight, and calculate a figure by multiplying it with an arbitrary hourly rate determined by the senior partner’s mood of the day. The only perceived certainty is, that pound for pound, they will be paying a pound for every word in their legal documents. Therefore, the final bill is anyone’s guess. Read more...

The By Lawyers Criminal Offences app now includes new offences created by the Public Order Act 2023. Read more...