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.

The Powers of attorney, advance decisions and court of protection commentary has been enhanced covering the creation and registration of lasting powers of attorney in greater detail. We have added discussion of the finer points of how and when the documents should be signed, as well as giving more information about using the online portal. We invite you to explore this updated publication. Comments and feedback are always welcomed.

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.

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.

The Purchase of Land commentary has been enhanced to include, in addition to searches of local registers carried out by local authorities, the process for applications for searches of a local authority register which have been migrated to HM Land Registry and are made using the registry’s Search for local land charges service. 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...

Discussion of trust of land claims has been added to the Financial Remedy guide, enabling family law practitioners to gain an appreciation of the case law and process in this area. Covering an overview of trust law, a number of key cases and practical points to consider when dealing with disputes and making applications to court, this section of the guide will help practitioners when encountering this complex area. More informaiton is also available in the Freehold Property Disputes guide.

The period of enforced suspended animation brought about by the pandemic is coming to an end and for the majority there is a sigh of relief and a strong desire to return to normality. However, having been enveloped in a state-controlled protective cocoon for months, the reality is that the Piper’s very large bill now needs be paid and the wake-up call is going to be harsh. Read more...

Legislation coming into force will permit wills to be executed and witnessed using video-link facilities. Whilst the legislation is not yet in force, it is anticipated that it will have retrospective effect, meaning that wills executed using video-conferencing since 21 January 2020 will be valid if the correct process was followed. Read more...

The Powers of Attorney and Advance Decisions guide has been enhanced with a fuller discussion of lasting powers of attorney including the roles and responsibilities of certificate providers and the process involved with objecting to registration. Commentary on enduring powers of attorney has been expanded with discussion of the registration and objection processes.

The Welsh Government has temporarily increased the nil rate band of land transaction tax for residential property transactions in Wales, increasing the nil rate from £180,000 to £250,000 for main residential purchases. The temporary rates apply for main residential purchases between 27 July 2020 and 31 March 2021, but do not apply to purchases of second homes or buy-to-let properties.

The Estates commentary has been enhanced to include discussion of recent case law pertaining to the forfeiture rule and a helpful section on locating a will.