A new Consumer Dispute guide has been published. This publication covers the common claims arising from consumer contracts for goods, services, and digital content, as well as claims relating to defective products. Read more...

A new article about avoiding disputes after the death of a loved one has been published. Read more...

Our Sale of land guide now includes new sections of commentary and new precedents. Read more...

We are pleased to announce that a new Estates Disputes publication has been published. Comprising two guides, Estate disputes – Acting for the claimant and Estate disputes – Acting for the defendant, the publication contains all the commentary, precedents, and forms needed. Read more...

The domestic agreement process can be tricky for clients to understand. By Lawyers have published several new client enclosures to help practitioners further explain the process and inform their client. 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.

We have published a new article on Using Retainer Instructions which we hope By Lawyers users will find helpful.

We are delighted to release the first in our 101 Reference Series - a comprehensive reference guide dealing with: estates - probate and administration; powers of attorney; and wills; This is a must-have, easy-reference resource for all firms, providing detailed information in a quickly accessible and searchable format. Tricky questions can be answered quickly using the guide’s alphabetical headings and plain English format. The content can be cut and pasted into letters or emails to clients either in response to an initial enquiry or during the course of a matter. If you would like everyone in your firm to be able to readily answer questions such as the ones below, then the firm will definitely benefit from 101 Succession Answers! What happens if the sole executor dies? How far does the personal liability of an executor extend? Can a solicitor take a benefit under a will that the solicitor has witnessed? What happens if the attorney acting under a power of attorney becomes bankrupt? Under what circumstances might a grant of probate be revoked?

Following user feedback we have published two new drafted commercial leases which are available on the Commercial Lease - Acting for Landlord matter plan. In addition to the Law Society standard leases, we now have a new commercial lease drafted in By Lawyers plain English style. The Commercial lease - Optimised presentation is formatted to present matter-specific information in the initial pages of the document, with the boiler-plate clauses which need no amendment in the following pages. A new Commercial lease - Standard presentation is also available. The commentary has also been updated with a discussion of the reasons why the optimised style is more useful for clients and practitioners - not least because all the amendments take place within the first few pages of the lease. Both styles contain all the lease considerations that are usually required. We also have increased the number of optional clauses available to insert into these leases where relevant including: Landlord’s conditions of consent to underletting clause Landlord’s conditions of consent to assignment clause Landlord's break clause Tenant's break clause Parking space clause We invite you to explore these new documents. Comments and feedback are always welcomed.

The Criminal commentary has been enhanced with information about the new technology and case management platforms being introduced in police stations, prisons and courts. More detail has also been added around the practical aspects of hearings, including video and telephone hearings. New guidance leaflets for clients Enclosure – Checklist for client going to court, Enclosure – Information sheet – Magistrates’ Court process and Enclosure – Information sheet – Crown Court process have been added to assist practitioners in preparing their clients.

The Purchase of Property commentary has been updated to include two new cases of note. Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 is an interesting case on the pitfalls of asking for forgiveness rather than permission. A developer built thirteen affordable houses on a piece of land which was encumbered by a restrictive covenant preventing the construction work. While the public interest benefit of the houses was clear, so was the conduct of the developer in proceeding without covenant consent. Planning permission had been obtained, but of course this is no guarantee of lawfulness. The developers lost their application under s 84 of the Law of Property Act 1925 to have the covenant disapplied, proving that restrictive covenants should be ignored at a purchaser’s peril. Fiander & Anor v Revenue & Customs [2020] UKFTT 190 (TC) is a heartening case for practitioners who are worried about multiple dwellings relief being incorrectly applied to stamp duty land tax. Claims handlers are actively approaching home-owners with offers of running negligence claims against conveyancers who may have failed to apply this relief on their client’s behalf when properties may qualify. This case makes it clear that establishing a ‘separate dwelling’ is not as easy as some clients may believe.

In response to the criticism levelled at the profession for failing to adequately advise buyers of the distinction between freehold and leasehold titles to residential property, By Lawyers have produced a brief appreciation that can be sent to clients with their initial letter. You will find the precedent ‘Enclosure - A short explanation of the important distinction between freehold title and leasehold title’ on the purchase matter plan.

The commentary has been amended to clarify the process of extension of leasehold estates under the Leasehold Reform, Housing and Urban Development Act 1993 and the consequential statutory reduction of rent to a peppercorn rental which is not open to the landlord to dispute.

According to the Solicitors Regulation Authority (SRA) almost one quarter of firms do not adequately explain leasehold tenure and the associated issues. Accordingly, By Lawyers have reviewed the precedent Report on title – Leasehold in an effort to provide clients with a much clearer understanding of the implications of purchasing a leasehold estate. Plain language communications, particularly with clients, is a primary focus for By Lawyers.

Japanese knotweed has been highly problematic for sellers, buyers and lenders for many years. Its invasion can affect not only the structure of a property but also its value. Thanks to the success of specialist treatments and the availability of indemnity insurance fewer purchasers are withdrawing from sales due to its presence, and the reduction in purchase price sought has significantly reduced. It is believed that Japanese knotweed will be under control by 2040.