A valid Energy Performance Certificate must be provided in order to market a property. The Purchase of Property and Sale of Property commentaries have been updated to provide information about where Energy Performance Certificates and reports are centrally registered including details of the new location for the Energy Performance of Buildings Register. These certificates can be downloaded for free by anybody. We invite you to explore these updated publications and welcome Comments & Suggestions as always.

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.

As the first steps when opening a matter are so important, we have reviewed this section of our commentaries. Read more…

The Practice Management publication is undergoing a makeover to ensure it complies with best practice and SRA regulations. 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 By Lawyers Criminal Offences App has been updated to include new sentencing guidelines issued by the Sentencing Council for strangulation and suffocation offences. Read more...

Mr Justice Mostyn, in a judgment given shortly before his retirement, looked at the issue of costs in James v Seymour [2023] EWHC 844 (Fam). Read more...

The By Lawyers Divorce Guide has been reviewed and updated to ensure that the commentaries and precedents are in line with current law and 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 legal advisors confidently run a divorce matter. New precedent separation agreements for both married, civil partnered, and unmarried couples have been included. We invite you to explore this updated publication and to consider the wealth of assistance the guide offers for practitioners.

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.

A new article about cohabitees rights sets out the problems and solutions that currently exist. Read more...

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.

Two new precedent Deeds of Easement have been made available on the Sale of Land matter plan: a general deed of easement which can be adapted to suit the grant of standard rights between grantor and grantee; and a deed of easement which incorporates mutual obligations for positive covenants to run with land.

In order to further enhance communications between practitioners and their clients we have added to the initial letter an informative summary of the conveyancing process. This easy to follow chart is a step by step explanation of the process from the point of view of both the seller and the buyer. The matter plan provides letters for each step of the process, informing the client, the agent and other interested parties that the transaction has advanced to that stage.

To complement the new ‘Your Finances’ app for gathering financial information from clients, two new letters have been added to the Financial Remedy guide. The first, Letter to client instructed to commence proceedings with financial remedy – Form E shared via LawConnect, contains step-by-step instructions for using LawConnect which clients can follow. The second, Letter to client with financial statement for signing – eSignature, contains guidance for clients on signing the Financial Statement using DocuSign. We invite you to explore these new letters. Comments and feedback are always welcomed.

Many quality schemes, including LEAP’s own ‘Best Practice Scheme’, require firms to obtain feedback from clients. We recognise that this is often dealt with by way of a survey platform and there is space in the Firm Details table for a feedback weblink to be listed. This link now drops into the By Lawyers letters to clients finalising matters, if the firm has the link set up.