In accordance with the recent approval of a new Practice Direction 57AC promoting and enforcing best practice during the preparation of witness statements, the general precedent Witness Statement – Civil matters has been amended to include the new required wording. This can be found in the C. Blank Deeds, Agreements, Statements, Declarations, Consents & Execution Clauses folder which is on every matter plan. The wording is required in all witness statements which are signed on or after 6 April 2021 and are for trials in the Business and Property Courts. We are including the changes now so that practitioners are able to plan ahead and prepare their witnesses accordingly. Comments and feedback are always welcomed.

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.

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.

As practitioners are no doubt aware, the government has recently promised to finally reform the way that leasehold works, and to address the issues with commonhold. This has prompted By Lawyers to include three new precedents in the Enfranchisement guide: Memorandum of Association – Commonhold limited company Articles of Association – Commonhold limited company Community statement – Commonhold limited company Wholesale reformation of the property ownership system is long overdue and it is hoped that amendments to the legislation will reassure lenders and developers, persuading them to leave the cosy confines of leasehold and finally embrace the brave new world of the commonhold system, 20 years after it was created. When the new rules are announced, we will, of course, review and amend our materials to ensure that users have access to the most up-to-date information. In the meantime, we will be keeping a close eye on the most positive news item of 2021 so far.

An exciting and useful new guide to Leasehold property disputes has been published, with extensive commentary discussing commercial and residential properties from the point of view of both landlord and tenant clients. Matter plans which are tailored to acting for landlord or tenant claimants and defendants will assist practitioners to ensure that the right precedent is used at the right time. The commentary covers: Overviews of the court and tribunal systems, funding and alternative dispute resolution; Breaches of lease covenants by tenants; Breaches of lease covenants by landlords; Remediation and forfeiture; Commercial dilapidations and residential hazard reporting; Going to court under Parts 7 and 8 of the Civil Procedure Rules; Going to the First-tier tribunal. A number of precedents are included such as: Initial letters before action; Letters of response covering various situations; Notice before forfeiture under s 146 of the Law of Property Act 1925; Counter-notice claiming the benefit of the Leasehold Property (Repairs) Act 1938; Notice of landlord’s breaches of repairing covenants; Notice to former tenant regarding goods left and commercial premises; Example content for particulars of claim for a variety of circumstances; Quantified demand and schedule of dilapidations; Tenant’s response to dilapidations documents; Notice before tribunal application under s 22 of the Landlord and Tenant Act 1985; All the standard forms and letters for court and tribunal proceedings. We invite you to explore this new publication and to consider the wealth of assistance the Leasehold Property Disputes publication offers.

To enhance our Practice Management guide, a precedent Referral Fee Agreement has been added helping firms to comply with regulator requirements around transparency and due diligence when accepting introductions from third parties.

The Sale of Property, Purchase of Property, Mortgages and Leases guides have been enhanced with the inclusion of guidance around the Safe Harbour Standard which is being introduced by HM Land Registry. The standard is designed to assist practitioners in meeting the strict requirements for verifying client identification and provides practical clarity in this area.

The Estates guide has been enhanced with the addition of some clarification of the operation of the Insolvency Act 1986 when assets pass by survivorship out of insolvent estates. Beneficiaries could be asked to make a payment to the estate within five years of the death if an insolvency administration order is made.

The Commercial Lease guide has been enhanced with points to note from the recent case of Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2020] EWHC 1263 (Ch) regarding service charge certificates.

New precedents have been added to the By Lawyers Family and Debt Recovery publications: The Family Court – Court bundle cover page and spine and Family Court – Court bundle index have been added to the Financial Remedy and Private Child Arrangements guides. The County Court, High Court and Appeal Court – Trial bundle cover page and County Court, High Court and Appeal Court – Trial bundle index have been added to the Debt Recovery guides. The precedents are customised for each court and comply with each court's requirements. The precedents will assist practitioners to create an indexed collection of documents that the parties rely on during the hearing. A properly compiled and indexed court bundle or trial bundle allows solicitors, counsel and the bench to easily navigate the matter.

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.

To assist practitioners working in Debt Recovery – Acting for the claimant, we have published a Debt statement which brings together details of the debt, interest and costs, as well as the payments that have been made towards it. This will be especially useful where payment plans have been agreed with debtors and is designed to work alongside the Invoice, Debt details and Payment tables within LEAP. 1. Insert the debt details in an Invoice table – add another invoice by right clicking on the existing one to record more than one debt amount if required. 2. Insert interest and costs details in the top half of the Debt details table. 3. Insert payment details into a Payments table each time a payment is received – add another payment by right clicking on the existing one. 4. Provided the above information has been entered into LEAP, the Debt statement will be complete. If the information is incorrect, amend the LEAP tables and use the update button in the LEAP ribbon tab to update the document. This document can be produced as many times as necessary to provide successive statements. An accompanying Letter to debtor enclosing debt statement has also been published. Adding these new precedents is part of By Lawyers continuing commitment to enhancing our content and helping our subscribers enjoy practice more.

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.

As users will be aware, this folder of vital precedents is present in every guide and always located in the ‘Getting the matter underway’ folder. There has now been a full review of the accompanying commentary, with guidance added around privity, ‘force majeure’ clauses and electronic execution. The precedent documents have been reviewed and updated to ensure that each one is uniformly formatted and easy to read, use, amend and customise to a particular client and situation. A new standard clause excluding the rights of third parties has been included in the Standard clauses for deeds and agreements folder and a standard statutory declaration of solvency is now available in the Statements and declarations folder of the matter plan. General precedents for an affidavit and exhibits prepared outside court proceedings are also now included in this folder, as well as gathering together the general civil and family matter witness statement precedents that are already included in other publications. New deeds for change of name have been added in a folder of their own, Change of name, with subfolders to assist in the event that adults or minors wish to enrol their change of name deeds at the Supreme Court. The full list of new precedents is therefore: Third parties clause; Affidavit – General; Exhibit sheet for affidavits – General; Witness statement – Family matters; Exhibit sheet to witness statement – Family matters; Witness statement – Civil matters; Exhibit sheet to witness statement – Civil matters; Statutory declaration of solvency; Change of name deed for an adult – Concise; Change of name deed for a minor – Concise; Change of name deed for an adult - For enrolment; Statutory declaration – Enrolment of adult change of name deed; Notice for the London Gazette on the change of name of an adult; Consent to enrolment of change of name of an adult; Change of name deed for a minor – For enrolment; Statutory declaration – Enrolment of minor change of name deed; Affidavit of best interest for the change of name of a minor; Consent to enrolment of change of name of a minor. We invite you to explore this updated publication. Comments and feedback are always welcomed.