Changes to the language and formalities around residential tenancies in Wales came into force in December 2022. Read more...

Court of Protection applications have been given their own guide containing commentary on making an application, deprivation of liberty, managing and terminating a deputyship. The matter plan contains all the letters and forms necessary for this work.

The Motoring offences commentary has been updated to include guidance on various types of unusual motor vehicles, including e-scooters. Comments and feedback are always welcomed.

The By Lawyers Criminal Law Guide has been reviewed and updated to ensure that the commentaries 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 to run a criminal matter to completion confidently. Commentary and new precedents dealing with the following areas have been included: The victim surcharge and Cuthbertson, R. v [2020] EWCA Crim 1883; The professional users access scheme; Family proceedings disclosure; The effects of the Criminal Procedure Amendment Rules 2021; Cautions, community resolutions and triage; and Perjury. We invite you to explore this updated publication and to consider the wealth of assistance the Criminal Law Guide offers.

A precedent Damages-based Agreement has been added to the Debt Recovery guide along with a new letter to the client and enclosure explaining the purpose of a damages-based agreement. The commentary has also been enhanced with some relevant discussion. We invite you to explore this updated publication. Comments and feedback are always welcomed.

Following some recent user feedback, the File Closing Checklist has been re-organised to enhance the logical sequence of the precedent. By grouping the items for review such as matter considerations, finance considerations, and file logistics, the improved layout will assist practitioners to complete these very important forms as part of their risk management strategy

An interesting new guide which assists property litigation practitioners has been published. The practical guide contains matter plans, commentaries and precedents for Acting for the Claimant and Acting for the Defendant. The commentary covers the following topics: Nuisance; Trespass; Boundary issues; Breaches of covenant; Ownership disputes; Going to the tribunal – First-tier and Upper Tribunals; Going to court – Part 7 and Part 8 of the Civil Procedure Rules. New precedents include: Retainer instructions; Letter to local authority reporting statutory nuisance; Letter to defendant before action – Private nuisance; Example content – Particulars of claim – Private nuisance; Example content – Defence – Private nuisance; Letter to process server with instructions to serve interim possession order against unknown occupier; Example content – Particulars of claim – Possession after trespass; Example content – Defence and counterclaim – Trespass; Letters following the boundary disputes protocol; Letters to claimant’s solicitor asserting adverse possession claim and discussing next steps; Scaffolding licence; Deed of release of restrictive covenants. The Freehold Property Disputes guide is a comprehensive and practical resource for practitioners who are advising and representing both claimants and defendants in property disputes.

Off-payroll legislative reform comes into force 6 April 2021 for medium to large businesses. For further details see the Contracts for employment section in our Employment Law – Non-contentious commentary.

From 1 April 2021, a new Help to Buy scheme comes into force. For further details see the Help to Buy section in our Purchase of Land commentary. From 1 April 2021, The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 will apply to all private rented sector landlords of residential premises in England, including licences to occupy and houses in multiple occupation, with costly sanctions for non-compliance. For further details see the Buy to Let section in our Purchase of Land commentary.

As users will be aware, this folder of vital precedents is present in every guide and always located in the ‘Getting the matter underway’ folder. There has now been a full review of the accompanying commentary, with guidance added around privity, ‘force majeure’ clauses and electronic execution. The precedent documents have been reviewed and updated to ensure that each one is uniformly formatted and easy to read, use, amend and customise to a particular client and situation. A new standard clause excluding the rights of third parties has been included in the Standard clauses for deeds and agreements folder and a standard statutory declaration of solvency is now available in the Statements and declarations folder of the matter plan. General precedents for an affidavit and exhibits prepared outside court proceedings are also now included in this folder, as well as gathering together the general civil and family matter witness statement precedents that are already included in other publications. New deeds for change of name have been added in a folder of their own, Change of name, with subfolders to assist in the event that adults or minors wish to enrol their change of name deeds at the Supreme Court. The full list of new precedents is therefore: Third parties clause; Affidavit – General; Exhibit sheet for affidavits – General; Witness statement – Family matters; Exhibit sheet to witness statement – Family matters; Witness statement – Civil matters; Exhibit sheet to witness statement – Civil matters; Statutory declaration of solvency; Change of name deed for an adult – Concise; Change of name deed for a minor – Concise; Change of name deed for an adult - For enrolment; Statutory declaration – Enrolment of adult change of name deed; Notice for the London Gazette on the change of name of an adult; Consent to enrolment of change of name of an adult; Change of name deed for a minor – For enrolment; Statutory declaration – Enrolment of minor change of name deed; Affidavit of best interest for the change of name of a minor; Consent to enrolment of change of name of a minor. 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.

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 new publication relating to the law and practice of debt recovery matters has been published. This comprehensive and easy to follow publication provides commentary and precedents for the conduct of debt recovery matters, both before and during court proceedings, when acting for a claimant or defendant. It includes: Commentary discussion of: the pre-action protocol and practice direction; alternative dispute resolution and offers to settle; issuing proceedings and responding to them; default and summary judgment; case management, disclosure and trials. Precedents for: conditional fee agreements; letters of demand; particulars of claim; settlement agreements; defence and counterclaims; chronology, case summary and trial bundles. Also letters to clients explain the process and protocols, and standard letters to other parties give practitioners all the focused and practical guidance they need. We invite you to explore our new Debt Recovery publication and consider the wealth of assistance it offers.

The By Lawyers Purchase of Land Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and conveyancing practice. The extensive review was performed by our author Marcella King. As with all our authors, Marcella takes a practical approach, drawing on her considerable experience to cover all aspects of procedure, with a focus on practical tips that will help solicitors and conveyancers confidently run a purchase matter to completion. The commentary has been expanded: Undertakings are explained in more detail. The unregistered land section has been improved. Adverse possession claims and procedures are discussed in greater detail. A new section on finance and funding draws together all the financial aspects of the transaction, including mortgages, taxes and help to buy funding. Issues surrounding short term lets, for example Airbnb, are discussed. The section about pre-exchange searches has been expanded. The process by which contracts are exchanged has been amplified, including a worked example of using Formula C. Post-completion tasks are discussed in greater detail. The retainer instructions have been updated. The to do list has been updated. The summary of the conveyancing process has been updated. The matter plan now includes new precedents: New and amended possible enquiries, including a set specifically for new build properties. A letter sending the help to buy ISA declaration to clients, and a link to the declaration itself. An access undertaking for use when buyers would like access to the property between exchange and completion. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for solicitors and conveyancers acting in residential purchase matters.

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.