To enhance our Practice Management guide, a precedent Referral Fee Agreement has been added helping firms to comply with regulator requirements around transparency and due diligence when accepting introductions from third parties.

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.

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.

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.

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.

The Powers of Attorney and Advance Decisions publication has been reviewed and updated in accordance with the Office of the Public Guardian’s new digital service, known as Use a Lasting Power of Attorney. Read more...

As we hurtle down the tracks towards commonhold, it is predicted that draft legislation will be laid before parliament mid to late 2021, with the biggest swathe of leasehold reform since 1925. However, when we finally arrive at our destination, the swathe may not be as big, or as revolutionary, as we would hope. Read more...

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.

Temporary rent concessions for commercial leases – Side letter or deed of variation? A side letter which records the agreed temporary alteration to the existing lease, and which is not intended to have a lasting impact upon the lease terms. Read more...

With the threat and uncertainty surrounding the coronavirus many practitioners will be asked to prepare documents that assist clients to manage their affairs should the need arise. By Lawyers commentary and precedents for Wills, Powers of Attorney and Advance Decisions (Living Wills) are available online to assist practitioners in responding to these requests. Read more...

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.

The By Lawyers Financial Remedy publication has been reviewed and updated by our authors as part of our continuing review process. The review included several new precedents and greater commentary detail.

The SRA changes coming in on the 25th November has seen the By Lawyers Practice Management manual updated. New information and precedents have been included as well as existing policies updated. Please note the many client care and terms of business precedents have also been updated.