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...

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 the welcome return to some kind of normality for us all, the last vestiges of Practice Direction 55C have expired. This means the impact of COVID-19 no longer needs to be discussed in particulars of claim for possession proceedings. The relevant property dispute commentaries and precedents have been updated to reflect this. The related paragraphs in the defence precedents will remain for a few months as we appreciate that responding to a claim may take some time.

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 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 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 commentary has been updated to include details of the Pathfinder pilot, a groundbreaking approach in the Family Court aimed at improving outcomes for children and families. 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.

In good news for those with pre-settled EU status, the Home Office in compliance with the decision in Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin), has announced that an additional application to switch from pre-settled to settled status is not required. Read more...

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.

Delay does not necessarily defeat proceedings for contempt of court.

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.

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.