The accelerated first appointment procedure enables clients to reduce costs and skip straight to a financial dispute resolution hearing if an agreement has been reached. Read more...

The By Lawyers Criminal Offences app now includes new and updated Sentencing Guidelines for a number of motoring offences, all of which are effective from 1 July 2023. Read more...

The Purchase of land guide now includes new precedents and commentary. Read more..

A new Consumer Dispute guide has been published. This publication covers the common claims arising from consumer contracts for goods, services, and digital content, as well as claims relating to defective products. Read more...

Clients often ask for advice about the types of business structures available, and which might be best suited to their situation. The Business structures and the comparative table reference manual has been added to the Resource materials folder in a number of business and corporate guides. Read more...

At By Lawyers, we believe that matters are more than checklists and simply ticking boxes doesn’t get the job done. But there are times when an easy way to see where the file is up to, allowing others in the office to quickly pick up the threads, is essential. Our To do lists help to manage risk, guide the unfamiliar, and ensure nothing is missed. We have recently carried out a full and thorough review of the To do lists to provide consistency of language and format. This makes them easier to read, easier to complete and easier to keep updated. If you have any comments or suggestions about the changes, do please let us know.

n response to a user request, we have compiled four example content documents covering the four most common concise financial remedy orders: Concise clean break order with one joint account to close and one property to be sold; Concise clean break order with a lump sum payment, one pension to be shared and one property to be transferred; Concise order with spousal maintenance, one pension to be shared and one property to be transferred; and Concise Mesher order for deferred sale. These can be found in the Financial Remedy guide, within the C. Settling it early folder. They are alongside a Template Financial remedy order into which the example content can be copied and pasted. The paragraphs in the Clauses for a Financial remedy order (The Orders Project - Financial Remedy Omnibus) can be used to supplement the new concise orders to cater for more complex situations. We have also produced a Deed of assignment to secure legal costs - Sears Tooth Agreement also in response to a user request. This can be found in the Getting the matter underway folder.

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.

In accordance with the recent approval of a new Practice Direction 57AC promoting and enforcing best practice during the preparation of witness statements, the general precedent Witness Statement – Civil matters has been amended to include the new required wording. This can be found in the C. Blank Deeds, Agreements, Statements, Declarations, Consents & Execution Clauses folder which is on every matter plan. The wording is required in all witness statements which are signed on or after 6 April 2021 and are for trials in the Business and Property Courts. We are including the changes now so that practitioners are able to plan ahead and prepare their witnesses accordingly. Comments and feedback are always welcomed.

As practitioners are no doubt aware, the government has recently promised to finally reform the way that leasehold works, and to address the issues with commonhold. This has prompted By Lawyers to include three new precedents in the Enfranchisement guide: Memorandum of Association – Commonhold limited company Articles of Association – Commonhold limited company Community statement – Commonhold limited company Wholesale reformation of the property ownership system is long overdue and it is hoped that amendments to the legislation will reassure lenders and developers, persuading them to leave the cosy confines of leasehold and finally embrace the brave new world of the commonhold system, 20 years after it was created. When the new rules are announced, we will, of course, review and amend our materials to ensure that users have access to the most up-to-date information. In the meantime, we will be keeping a close eye on the most positive news item of 2021 so far.

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 Estates guide has been enhanced with the addition of some clarification of the operation of the Insolvency Act 1986 when assets pass by survivorship out of insolvent estates. Beneficiaries could be asked to make a payment to the estate within five years of the death if an insolvency administration order is made.

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.

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.

With the recent publication of the Law Commission report, clearly moves are afoot in the residential leasehold world to balance out the disparity between the rights of landlords and those of their tenants. Time will only tell what is finally put on the platter for general consumption on that planet. But let us travel deeper into the universe and visit planet ComZog, commonly known on Earth as the commercial leasehold world. Read more...