The Immigration Appeals guide has been updated to include new forms for proceedings in the Upper Tribunal (Immigration and Asylum Chamber). The matter plan now also includes precedents for a Brief to counsel, Skeleton argument and Witness statement for use in Immigration matters. We invite you to explore this updated publication. Comments and feedback are always welcomed.

The Divorce, Dissolution and Separation Act 2020 heralds the biggest change to divorce law for decades and a new guide tailored to fit the new process has been published. The commentary and matter plan both guide practitioners through the new process, and new letters reflect the updated terminology.

We have published a new commentary, A summary of the key obligations of the Anti-money laundering guidance for the legal sector which sets out the essential information that practitioners need to know to ensure that they comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. The new commentary can be found in the Compliance requirements folder on every By Lawyers matter plan. The goal of By Lawyers is take the intimidation out of the law and ensure that our clients enjoy practice more. As a result, all By Lawyers commentaries are published with a focus on providing a sensible appreciation of law and practice in England and Wales.

We are pleased to announce a new Short residential tenancy disputes guide, with detailed commentary including rent arrears, noise nuisance and anti-social behaviour and deposit disputes. Repossession proceedings are stepped through in detail when acting for the landlord and acting for the tenant. Tribunal and court proceedings are discussed, as well as the current impact of COVID-19. The comprehensive matter plan is divided into two folders; Acting for the landlord and Acting for the tenant. Precedents that practitioners will find useful include: Letters and notices to tenants in breach of their tenancy agreements; Letters and enclosures for a rent repayment plan; Letters and enclosures relating to the use of a deposit protection dispute resolution scheme; A library of carefully drafted common possession notices under both s 8 and s 21 of the Housing Act 1988; A full suite of litigation letters and documents, and example content for claim forms and defences. This Short residential tenancy disputes guide is an invaluable resource for practitioners who regularly conduct landlord and tenant matters, as well as those with limited experience or those supervising junior lawyers. We invite you to explore the new guide. Comments and feedback are always welcomed.

As practitioners may be aware, the Financial Services Compensation Scheme increased the length of time that temporary high balances were protected in bank accounts from 6 months to 12 at the start of the coronavirus pandemic. This protection has been reduced to 6 months again from 1 February 2021. The Practice Management guide has been amended accordingly.

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.

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 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...

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...

The By Lawyers Domestic Violence publication has been reviewed and updated by our authors as part of our continuing review process. This review saw the commentary in particular enriched with a deeper more practical approach to running such a matter.

A precedent Reservation Agreement has been added to the sale and purchase of land guides. The agreement is designed to bind the parties to an agreed pre-exchange time frame in which the seller will not deal with third parties, and the buyer will either exchange the offered contract or withdraw on discovery of serious adverse affectations through the usual investigations, searches and enquiries. By this means the parties are able, immediately following agreement and issue of the contract, to be confident that the transaction will proceed in the absence of unforeseen and unexpected circumstances.

By Lawyers has a new publication: Companies. With a comprehensive commentary and precedents, the companies publication deals with not only the incorporation of a new company, but also the ongoing running of a company and the hiccups that can occur along the way. The commentary discusses many issues such as: Appointing company officers; Articles of association; Shareholders agreements; Meetings, resolutions and records; Transfer of shares; and Tax. The matter plan provides the many essential everyday precedents as well as the more complex including: Two shareholders agreements, one concise and one extensive; Share certificate; Two agreements for sale of shares: one concise and one extensive; Deed of trust for purchase of shares by a trustee; Library of option precedents; and All of the necessary consents, minutes and resolutions. The new Company publication is available through the Legal Guides tab on the Forms & Precedents button in the LEAP matter.

The commentary on the completion of the declaration of trust panel in transfers has been expanded to assist practitioners to correctly complete the panel. Read more...

The commentary in the Mortgages guide now includes an analysis of the applicability of regulation of private lending under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and the Consumer Credit Act 1974 and Financial Conduct Authority’s Consumer

Both the Wills and Probate publications have been augmented with a treatise on challenging the validity of a will. This includes an appreciation of The Non-Contentious Probate Rules 1987 which apply where there is no challenge or question as to the validity of a will. Read more...