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.

Following a recent in-depth author review, commentary on Legal Aid tendering, cybercrime prevention and business continuity planning have been enriched. Read more...

UK By Lawyers author Robin Charrot of Evolve Family Law has just completed a comprehensive review of the Divorce publication. He notes that the Divorce, Dissolution and Separation Bill was introduced June 2019 and has passed through a second reading in parliament. Whilst the actual introduction date is as yet unclear, he forewarns there will be a need for significant changes to the Family Procedure Rules to enable the legislation. By Lawyers is keenly watching the progress of these changes and will update the publication again as and when they come into effect.

The Private Child Arrangements guide has been enhanced with information about family assistance orders, special guardianship orders, gender identity issues, the court reporting pilot and the Our Family Wizard co-parenting app.

From the 10th January 2020, the 5th Money Laundering Directive (5MLD) will come into force. In support of these new compliance requirements, By Lawyers has made several precedent amendments. In particular the Client Details and Verifying Identity precedent now recommends an electronic identification verification process but continues to support a manual process should that be necessary. Practitioners can elect whether the client has passed the verification successfully or whether the client details have been passed on to the AML Officer for enhanced due diligence. For manual verification practitioners are able to record an acknowledgment that identity documents were produced personally, and the photographic ID was a good likeness of the person producing them. Other changes include: The precedent now captures sex and nationality detail; and Politically exposed persons (PEP) are covered in greater depth with a number of suggested searches firms should be undertaking. The details about a PEP client can be recorded on the precedent along with the provision for a senior partner to authorise the firm to act. The retainer instructions have also been amended to include an acknowledgement that the instructions relate to a PEP and require a senior partner to authorise the firm to act.

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...

Legal Aid Regulations have been amended to exclude payments made under the Windrush Compensation Scheme as income or capital in determining the eligibility of legal aid.

The Financial Remedy commentary has been updated to include a straightforward appreciation of the different types of pension funds. The aim of this new section of commentary is to better assist practitioners in dealing with pensions in financial settlement matters including more detail on pension sharing orders, attachment orders and offsetting.

The Court of Appeal decision reminds judges to consider the sentencing guidelines for minors.

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.

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.

Part of our series of common legal questions and their answers, we look at the difference between property ownership and a tenancy. Read more...

Following user requests, we have published two new precedents: a simple and straightforward Construction Agreement, suitable for use by homeowners and contractors, and a Deed of Release and Grant, which releases existing property easements and grants new ones. Read more...

The Law Society, Council of Licensed Conveyancers, Chartered Institute of Legal Executives, Bold Legal Group and the Conveyancing Association, with the support of Government departments and the Land Registry have jointly drafted a Variation Agreement, for use where an exchange of contracts has already taken place on a conveyancing transaction, and a practitioner considers that it is necessary to vary its terms due to the impact of the coronavirus. The Variation Agreement and guidance regarding its use are available in both the sale and purchase guides, in the sections relating to Deterioration, Disputes and Notices. Keep up-to-date with our latest COVID-19 News & Updates.

The Companies commentary has been updated to enhance our offering in respect of put and call options, directors’ duties and wrongful trading, and issues relating to insolvency of a company. We have also added guidance for those acting for a supplier including a retention of title precedent. We invite you to explore this updated publication and welcome Comments & Suggestions as always.