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.

As practitioners may be aware, the Financial Services Compensation Scheme increased the length of time that temporary high balances were protected in bank accounts from 6 months to 12 at the start of the coronavirus pandemic. This protection has been reduced to 6 months again from 1 February 2021. The Practice Management guide has been amended accordingly.

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 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...

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.

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

Our author specialising in immigration work, Andrew Nyamayaro of Tann Law, has reviewed and enhanced our Immigration guide. Read more...

The Welsh Government has temporarily increased the nil rate band of land transaction tax for residential property transactions in Wales, increasing the nil rate from £180,000 to £250,000 for main residential purchases. The temporary rates apply for main residential purchases between 27 July 2020 and 31 March 2021, but do not apply to purchases of second homes or buy-to-let properties.

Two new precedents have been incorporated into the expansive Sale and Purchase of Business publication. Read more...

The commentary in the Mortgages guide now includes an analysis of the applicability of regulation of private lending under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and the Consumer Credit Act 1974 and Financial Conduct Authority’s Consumer

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.

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.

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.

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.

We are very pleased to announce the release of a companion Motoring Offences guide to sit alongside our comprehensive step-by-step Criminal guide. This guide covers all aspects of practice and procedure when acting for the defendant in proceedings involving motoring offences in the Magistrates’ and Crown courts. The guide assists practitioners with all aspects of representing clients in traffic matters, from providing advice in relation to fixed penalty notices to going to court. The commentary is practical and easy to understand and is supported by numerous helpful precedents. Key content includes: Law and procedure relating to alcohol and drug offences as well as offences involving licences, insurance, careless driving, dangerous driving, accidents and death. A summary of the fine and any disqualification period or imprisonment term is included for all common offences. A comprehensive Retainer Instructions precedent is included on the matter plan to ensure all necessary information is collected. Comprehensive discussion of the penalties including fines, penalty points, disqualification, community orders, imprisonment and ancillary penalties and orders. Practical guidance in preparing for court, with detailed commentary on analysing the charge and conducting plea negotiations. Information sheets for clients covering the court processes and what to do on the day of the hearing. A library of letters to clients and third parties including: Letter to police seeking speed gun operator’s certificate and experience; Letter to police seeking speed camera evidence and certificate of calibration; Letter to police seeking video, photo or CCTV footage; Letter to client requesting mobile phone records; Letter to mobile phone usage expert; Letter to client for driving licence check code; Letter instructing accident collision expert. The Motoring Offences guide is an invaluable resource for all practitioners who conduct motoring offence matters, including those with limited experience in this area or those supervising junior lawyers.