The By Lawyers Trusts guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and practice. Read more...

We have removed the link to Dealing with Brexit legal issues from the top of the matter plans as the changes are no longer urgent. The publication remains in the Reference Materials folder of the Practice Management guide for reference.

Most of the requirements for possession claims set out in Practice Direction 55C are no longer in force, and our commentaries have been amended accordingly.

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.

Two new precedents have been added to the Sale and Purchase of Land guides: a Deed of covenant and a Deed of rectification. The commentaries have also been significantly enhanced. Read more...

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.

A folder of new precedents for clients who are commencing or operating small businesses has been added to the Purchase of Business, Companies and Partnerships guides. The new library of precedents provides a suite of documents which practitioners can provide to their clients who own and operate small businesses, to assist them with the day-to-day running. These documents can be provided to clients both when they are setting up or purchasing a new business and when required for existing businesses. The documents are general in nature so they can be customised and amended as required for the needs of different clients. The precedents are designed to apply across various sectors, whether traditional storefront retail or online and whether supplying products or services. These new precedents are: Agreement for supply of goods and services Credit application Data protection policy for a business Dispatch and delivery policy Director guarantee Liability waiver and consent Returns and refunds policy Example tax invoice Terms of trade Website terms of use for advertising and booking personal services Website terms of use for downloadable online products Website terms of use for physical products The new If required - Library of precedents for small business clients folder is located in: Purchase of Business matter plan - in folder H. Mid-transaction Companies matter plan – in folder B. Setting up a company Partnerships matter plan – in folder D. General business This practical material was added to these existing By Lawyers publications in response to requests and suggestions from By Lawyers users. The precedents provide practitioners with additional tools so they can better assist their clients with all aspects of their business. We invite you to explore these new precedents. Comments and feedback are always welcomed.

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.

We are very pleased to announce the release of two new By Lawyers publications: Employment Law – Non-Contentious; and Employment Law - Contentious. These two publications cover all aspects of practice and procedure whether acting for employees or for employers. They assist practitioners with representing clients, document drafting through to managing matters within the employment tribunals. The commentaries are practical and easy to understand and are supported by numerous helpful precedents. Key content includes: Commentary on contracts of employment, human resources, policies and procedures, transfer of undertakings, redundancy and unfair and wrongful dismissal. Commentary on conciliation, mediation and arbitration in the employee/employer relationship. Law and procedure relating to employment tribunals, including the Employment Appeal Tribunal. Comprehensive To Do Lists and Retainer Instructions ensure all necessary instructions are taken and followed. Letters to clients and third parties when establishing the employment relationship and when disputes arise. These Employment Law publications are an invaluable resource for practitioners who regularly conduct employment matters, as well as those with limited experience or those supervising junior lawyers. We invite you to explore these new guides. Comments and feedback are always welcomed.

With criminal practitioners being busier than ever, we have enhanced our Criminal guide with a library of new initial letters to clients. Designed to accompany the Client Care and Terms of Business which are sent after the first meeting with a client, these letters have sufficient space for case-specific details and advice and already include the sentencing guidelines for an offence. The library can be found in the B. Getting the matter underway folder of the Criminal Magistrates Court matter plan and includes letters for the following offences: Drink driving Possession of Class A drugs Possession of Class B drugs Possession of Class C drugs Criminal damage Robbery – Street and less sophisticated commercial Wounding with intent Rape We encourage practitioners to use these letters, and welcome feedback and suggestions, particularly if other offences may be useful.

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.

An exciting and useful new guide to Leasehold property disputes has been published, with extensive commentary discussing commercial and residential properties from the point of view of both landlord and tenant clients. Matter plans which are tailored to acting for landlord or tenant claimants and defendants will assist practitioners to ensure that the right precedent is used at the right time. The commentary covers: Overviews of the court and tribunal systems, funding and alternative dispute resolution; Breaches of lease covenants by tenants; Breaches of lease covenants by landlords; Remediation and forfeiture; Commercial dilapidations and residential hazard reporting; Going to court under Parts 7 and 8 of the Civil Procedure Rules; Going to the First-tier tribunal. A number of precedents are included such as: Initial letters before action; Letters of response covering various situations; Notice before forfeiture under s 146 of the Law of Property Act 1925; Counter-notice claiming the benefit of the Leasehold Property (Repairs) Act 1938; Notice of landlord’s breaches of repairing covenants; Notice to former tenant regarding goods left and commercial premises; Example content for particulars of claim for a variety of circumstances; Quantified demand and schedule of dilapidations; Tenant’s response to dilapidations documents; Notice before tribunal application under s 22 of the Landlord and Tenant Act 1985; All the standard forms and letters for court and tribunal proceedings. We invite you to explore this new publication and to consider the wealth of assistance the Leasehold Property Disputes publication offers.

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.

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.

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.