The new Data Protection and Privacy publication discusses the rapidly evolving area of data protection law since the General Data Protection Regulation (GDPR) and Data Protection Act came into force in 2018. Read more...

The Divorce, Dissolution and Separation Act 2020 heralds the biggest change to divorce law for decades and a new guide tailored to fit the new process has been published. The commentary and matter plan both guide practitioners through the new process, and new letters reflect the updated terminology.

By Lawyers are delighted to announce the release of our two comprehensive guides to UK Immigration law, providing practitioners with detailed but easy to follow commentary and a complete suite of precedents for managing any immigration matter, from initial engagement to final determination. Read more...

We have published a new commentary, A summary of the key obligations of the Anti-money laundering guidance for the legal sector which sets out the essential information that practitioners need to know to ensure that they comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. The new commentary can be found in the Compliance requirements folder on every By Lawyers matter plan. The goal of By Lawyers is take the intimidation out of the law and ensure that our clients enjoy practice more. As a result, all By Lawyers commentaries are published with a focus on providing a sensible appreciation of law and practice in England and Wales.

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 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.

The continuing commitment of By Lawyers to updating and enhancing our publications has seen the Companies guide enhanced. Subscribers using this popular publication will find a number of new precedents: Letter to client advising on memorandum and articles of association; Articles of association for a private company limited by shares; Articles of association for a private company limited by guarantee; Articles of association for a property management company; Directors’ service agreement; Written resolution – General template; Written resolution – Amending articles of association; Resolution of meeting – Amending articles of association; Letter to shareholder giving special notice of resolution; Indemnity for lost share certificate. Comments and feedback are always welcomed.

With the recent publication of the Law Commission report, clearly moves are afoot in the residential leasehold world to balance out the disparity between the rights of landlords and those of their tenants. Time will only tell what is finally put on the platter for general consumption on that planet. But let us travel deeper into the universe and visit planet ComZog, commonly known on Earth as the commercial leasehold world. Read more...

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.

The Commercial Lease guide has been enhanced with the inclusion of two new precedent documents to assist practitioners: Authorised guarantee agreement and Licence to assign. These can be found in the folder D. If Required – Sublease, assignment, variation and surrender.

From 20 April 2020 existing statements of truth for estates will be replaced by the new grant of representation application forms. Old-style Statements of Truth received after that date will be rejected by the Probate Registries and practitioners asked to submit the appropriate new form instead. The implementation of the new forms is part of HM Courts & Tribunals Service’s drive to streamline its systems thereby enabling bulk scanning. This in turn is expected to reduce errors and speed up their processes. The new forms which may be found on the matter plan are: PA1A – Probate application – without a will PA1P – Probate application – with a will PA8A – Application to stop, or extend a stop on a grant of representation (Caveat)

Both the Wills and Probate publications have been augmented with a treatise on challenging the validity of a will. This includes an appreciation of The Non-Contentious Probate Rules 1987 which apply where there is no challenge or question as to the validity of a will. Read more...

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.

The National Police Chief’s Council, has issued new operational guidance for pre-charge bail and release under investigation. The guidance follows changes to pre-charge bail under the Policing and Crime Act 2017 and is in response to concerns in domestic abuse and high harm cases, including sexual offences and offences involving vulnerable people. Read more...

Several practitioners have been in touch about their preference for using the STEP provisions when drafting wills. In order to assist those practitioners By Lawyers have drafted three new precedents. Read more...