New AI prompts enable conveyancers to work more efficiently

By Lawyers has released 2 more AI prompts in the Purchase of Land and Sale of Land guides:

• AI Prompt for file information discrepancy review – this enables a practitioner to quicky compare information held in the matter to identify any discrepancies large or small. From spelling errors to omitted owners, this review will highlight issues before they cause delays.
• AI Prompt for letter to client summarising the lease – producing tailored information for the client, this prompt covers Building Safety Act considerations as well as more basic information the client needs to know about the lease.

By Lawyers AI prompts are developed for use with LEAP’s Matter AI and have not been tested or validated with any other software or AI platforms.

These new documents enable conveyancers to work more efficiently, and enjoy practice more. Explore the By Lawyers Conveyancing publication.

Misconduct in public office sentencing guidelines on the By Lawyers Criminal Offences App

The By Lawyers Criminal Offences app reflects the Sentencing Council’s sentencing guidelines for offences in the magistrates and Crown Courts, including offences where there are specific offence-related guidelines, and those, such as Misconduct in public office, where the council’s overarching principles apply.

In the Offence Details tab of the app are the overarching principles as well as the elements specific to the offence that are derived from case law. Using the app means that even rare offences are at a practitioner’s fingertips.

The Prompt summarising the Criminal Offences Presentation Document summarises the responses and creates a suggested sentencing outcome for argument in court, ensuring practitioners have time to manage the paparazzi.

Explore the By Lawyers Criminal Offences app today.

Immigration changes affect international child travel

From 25 February 2026, the UK’s Electronic Travel Authorisation (ETA) regime will be fully enforced in respect of British dual nationals. While British citizens remain exempt from the ETA requirement, dual-national travellers must now prove their British citizenship on entry to the UK. In practical terms, dual-national children must travel on a valid British passport or hold appropriate right of abode documentation. A non-UK passport alone will no longer be sufficient, and carriers may refuse boarding where the correct documentation is not produced.

The change has significant implications for family law matters involving international travel. In particular, the previous practice of separated parents holding different passports and relying on either for travel is no longer workable for entry to the UK. The physical possession and validity of the child’s British passport is now determinative.

In response, a new precedent clause has been added to the Private Child Arrangements guide. The clause provides clear drafting to address day-to-day retention of passports, timeframes for release before international travel, arrangements for return of passports after travel, and the consequences of non-compliance. This addition ensures practitioners can proactively address passport control issues within child arrangements orders and reduce the risk of travel disruption arising from the updated immigration requirements.

Key updates impacting immigration cases

The Statement of Changes to the Immigration Rules: HC 1691, 5 March 2026, together with the updated Sponsorship: guidance for employers and educators has prompted several key updates. 

A brief summary for legal practitioners is available below and full details can be found in the Explanatory memorandum to the statement of changes in the Immigration Rules: HC 1691, 5 March 2026.

Increase to English language requirements for settlement

The English language requirements for settlement to B2 level under the Common European Framework of Reference for Languages (CEFR), will increase for several immigration routes including:

• Appendix KoLL; 
• Appendix Skilled Worker; 
• Appendix Tier 2 Minister of Religion; 
• Appendix Representative of an Overseas Business; 
• Appendix UK Ancestry; 
• Appendix Global Talent; 
• Appendix Scale Up; 
• Appendix Innovator Founder; 
• Appendix International Sportsperson; 
• Appendix Child Relative (Sponsors with Protection); 
• Appendix Long Residence;
• Appendix Bereaved Partner; 
• Appendix Private Life; and 
• Appendix Settlement Family Life.

This change is intended to ensure that people who come to build their lives in the UK can integrate into life here effectively. This will come into force on 26 March 2027 to give people subject to the new requirements time to take any steps necessary to meet them. 

Decrease to the stay period for those granted humanitarian and refugee protection 

Applying to individuals who claimed asylum or made further submissions on or after 2 March 2026, leave given to refugees will be reduced from five years to 30 months. An application for further permission to stay can be made before the expiry of this leave.

This is part of the first steps towards the new core protection offer for refugees that was announced as part of the Restoring Order and Control statement, and marks the start of a new regime to provide entitlements to refugees in accordance with international obligations. 

Employers sponsoring migrant workers now have expanded compliance obligations

New obligations include enhanced reporting, record-keeping, and safeguarding of workers’ rights. Guidance for sponsors is available at Sponsorship: guidance for employers and educators.

To help practitioners navigate these changes when dealing with immigration cases, By Lawyers has published updated guidance and precedents including a new Sponsored Migrant Checklist to help advise clients who are sponsoring migrant workers. 

Visit our website to explore our Immigration guides and precedents.

Contractual control agreements – a new statutory regime on the way

The government has introduced a draft transparency regime for land control arrangements through The Provision of Information (Contractual Control) (Registered Land) Regulations 2026, supported by guidance on Contractual control agreements.

These regulations currently are in draft form and will come into force by way of a statutory instrument, to be announced.  

The regulations cover:

• new rights granted on or after the date that the regulations are made, which is expected to be in the first half of 2026;
• variations or assignments of all relevant rights on or after the regulations come into force on 6 April 2027.

The regulations were laid in Parliament on 9 March 2026. They will be made once they are signed by the Minister of State for Housing and Planning, after all the required parliamentary procedures have been completed. This is expected to happen in the first half of 2026.

If a contractual control agreement is created after the regulations are made but before 6 April 2027, the required information must be submitted to HM Land Registry by 6 October 2027.

If a right is granted, changed, or assigned after the regulations come into force on 6 April 2027, the required information must be submitted within 60 calendar days.

The new regime implements powers under the Levelling-up and Regeneration Act 2023 to create a public register of contractual control agreements. It aims to increase transparency around who controls land for development, addressing longstanding concerns that these arrangements are currently opaque to local authorities, communities, and market participants.

The regime applies to a contractual control right over registered land where:

• the right enables control over the land's development or disposal;
• the land is held for the purposes of an undertaking, including a business, charity, or public function;
• the right relates to registered freehold land, or registered leasehold land with 15 years or more remaining at the time of the grant; 
• a control period of 18 months or more, including extensions, applies.

Agreements covered by the regime include:

• options;
• conditional contracts;
• pre-emption rights; and
• promotion agreements.

However, the regime does not cover:

• financial security arrangements and overage security;
• rights that do not relate to development of houses, or buildings with floorspace of over 100 square metres;
• short-term rights of under 18 months;
• obligations under s 106 of the Town and Country Planning Act 1990 limited to infrastructure, amenities, or services;
• national security or defence contracts; and
• leases of less than 15 years.

The obligation to register agreements falls on the grantee, likely a developer or promoter, with submissions to be made digitally via a regulated conveyancer through HM Land Registry.

Registration at HM Land Registry

Under the new regime, contractual control rights must be registered at HM Land Registry within 60 days of being:

• granted;
• varied;
• assigned; 
• exercised; 
• terminated, or having expired.

Mandatory information to be disclosed includes:

• the parties' details, including their full names, date of birth for individuals, and company registration numbers for businesses;
• type of agreement;
• key dates and description;
• title numbers and extent of affected land;
• start date and duration, including extension rights; and
• status changes.

Enforcement

• Non-compliance with the new regime will have practical and criminal consequences, including:
• the inability to protect an interest on title; and
• criminal liability under s 225 of the Levelling-up and Regeneration Act 2023 for:
• failure to comply; or
• knowingly or recklessly providing false or misleading information. 

Penalties for s 225 offences include fines and potential imprisonment.

Practical implications

For developers and promoters, the implications of the new regime include:

• increased administrative burden and strict 60-day deadlines;
• mandatory use of conveyancers for digital submissions;
• potential commercial sensitivity from disclosure of strategic land positions;
• risk of increased objections and scrutiny in the planning process; 
• shifts in strategy – for example, outright acquisition.

For landowners and the market, the new regime will:

• assist smaller developers and local authorities;
• increase competition for sites; 
• affect land values and site assembly costs.

At this stage, practitioners and their clients should consider:

• auditing current and pipeline agreements to identify those likely to be caught by the new regime;
• updating existing precedents – for example, options, promotion agreements, conditional contracts to address registration obligations;
• implementing internal tracking systems for 60-day deadlines;
• advising clients on confidentiality risks and strategic implications; 
• monitoring further HM Land Registry guidance on operational requirements.

The new register of contractual control agreements represents a significant shift towards transparency in land control in England and Wales.

With limited lead-in time and transitional provisions capturing agreements entered into before April 2027, practitioners should begin preparing immediately to ensure compliance and manage commercial risk.

Publication of the Financial Remedies Guide 2026

On 13 March 2026, Mr Justice Peel and His Honour Judge Hess published the Financial Remedies Guide 2026.

The new guide consolidates and updates core documents for the Financial Remedies Court, aligning with the revised Practice Direction 27A, procedural updates, and other family justice developments. Notably, the High Court Efficiency Statement (2016) and the Efficiency Statement for Cases below High Court (2022) are merged within the guide.

The By Lawyers Financial Remedies guide has been updated accordingly.

Significant changes to the imposition of suspended custodial sentences

With effect from 26 March 2026, the Sentencing Act 2026 provides for a presumption that a custodial sentence of 12 months or less will be subject to a suspended sentence, save in exceptional circumstances. The Act also extends the available maximum period for which a sentence can be suspended from 2 years to 3 years.

The changes are relevant to practitioners advising clients facing criminal offences, including motoring offences that attract custodial sentences. 

By Lawyers Criminal and Motoring Offences commentaries have been updated to reflect these changes, ensuring law firms have the most up to date information at hand. 

Streamlining Compliance: New Forms Introduced

As part of our ongoing commitment to improving efficiency and aligning with regulator recommendations, we are currently rationalising our compliance documentation.

The previous Client and Matter Risk Assessment and Conflict of Interest forms you may be familiar with have now been retired and replaced with a new Record of Compliance Checks. This updated document brings together several key requirements into a single, more streamlined format. It now incorporates:

• Client risk assessments;
• Matter risk assessments;
• Conflict of interest checks; 
• Identity verification;
• Source of funds and wealth check.

Previously, these requirements were completed across multiple separate forms. The new approach is designed to simplify the process, reduce duplication and save time.

In addition, ongoing compliance activity can now be recorded using the new Compliance Monitoring Form, ensuring that monitoring remains clear and consistent throughout the life of a matter.

Both forms are available in the Compliance documents folder, located within the A. Getting the matter underway section of each matter plan on the Legal Guides tab in the Forms and Precedent area.

The client-facing Client Details, Identity Verification and Source of Funds form has been replaced with a more comprehensive Client Details, Identity Verification and Source of Funds and Wealth form.

We expect this update will mean that practitioners and clients will only need to complete one core form per file, rather than several.

Useful New AI Prompts Added to By Lawyers Wills Guide

By Lawyers is pleased to introduce AI prompts to our Wills guide, helping our subscribers harness the power of LEAP’s Matter AI.

Three new prompts have been added, including a By Lawyers prompt that compares retainer instructions with draft wills to check for omissions or mistakes.

By Lawyers prompts are developed for use with LEAP’s Matter AI and have not been tested or validated with any other software or AI platforms.

These additions to the By Lawyers Wills guide help practitioners draft accurate wills and pre-emptively compile details in the event of a challenge.

Plan to address Court Backlogs - Jury out for the Ministry of Justice

The Ministry of Justice (MoJ) has unveiled a sweeping plan to dramatically reduce the number of jury-held criminal trials.

The government states the changes are necessary to address court backlogs, noting that the Crown Court currently has around 78,000 cases backlogged, which is expected to reach 100,000 by 2028.

Under the reforms, jury trials will be limited to the most serious offences, such as murder, sexual offences, and robbery.

Lesser offences would be heard by a judge alone as follows:

• The sentencing threshold will be lowered. Cases likely to carry a sentence of 3 years or less would automatically be tried by a judge without a jury. Judges may also preside alone over complex fraud and other technically complicated cases.
• The creation of a new swift-court model. The creation of dedicated judge-only and magistrate-led courts, with courts deciding, rather than defendants, whether a trial is heard by a jury.
• Expanding magistrate powers. Magistrates would gain increased sentencing powers, enabling them to handle a broader share of cases without escalating to the Crown Court.

The plan has caused widespread concern among legal professionals and civil liberty groups, with the changes risking dismantling a cornerstone of the British justice system.

More information on the reforms is available on the Ministry of Justice website.

The Law of Property Act 1925 turns 100

As the Law of Property Act 1925 marks its centenary, legal historians and practitioners alike pause to celebrate a piece of legislation that fundamentally transformed modern property ownership in England and Wales. Few statutes have had such a lasting impact, and even fewer remain so central to everyday legal practice a full century after their enactment.

Passed as part of a wider set of reforms, the Act aimed to modernise a notoriously complex and often impenetrable land law system. Before 1925, land transfers were like navigating a maze, hindered by outdated doctrines, fragmented interests, and a lack of clarity that discouraged all but the most determined buyers.

The 1925 reforms changed that. By simplifying legal estates to just 2 types, freehold and leasehold, and making it easier to create and enforce interests, the Act cleared away centuries of complicated law. It also opened the door for compulsory land registration, laying the foundations for the digital land registry system used today.

A hundred years on, much of the original text remains valid, though it has been updated to reflect changing social realities and the rise of electronic conveyancing. Yet its fundamental aim, to bring clarity, accessibility, and certainty to land ownership, continues to influence every transaction, from buying a family home to developing major infrastructure.

The Act’s 100th anniversary presents an opportunity not just to recognise its legacy but also to reflect on the future. As debates continue about leasehold reform, digitalisation of property markets, and land access, the principles that prompted the 1925 overhaul, simplicity, transparency, and fairness, remain as pertinent as ever.

New AI Prompts added to By Lawyers Estate Administration Publication

By Lawyers is pleased to introduce AI prompts to the Probate and Letters of Administration guides within the Estate Administration publication, helping our subscribers harness the power of LEAP’s Matter AI.

In addition, a new enclosure has been created giving executors and administrators a plain-English summary of the key information that they need to know. 

New precedents:

• Enclosure – Information for personal representatives
• Prompt for initial letter to personal representatives summarising estate responsibilities and action to be taken
• Prompt for initial summary of estate assets and liabilities
• Prompt for final estate accounts
• Prompt for summary of administration work carried out

By Lawyers AI prompts are developed for use with LEAP’s Matter AI and have not been tested or validated with any other software or AI platforms.

These new documents enable estate administration practitioners to work more efficiently, and enjoy practice more. Explore By Lawyers Probate and Letters of Administration guides within the Estate Administration publication.

Santa Claus v. The Spirit of Christmas (2025): A Seasonal Tale for Practitioners

File Note: A festive interview with Mr Claus concerning certain legal complexities of Christmas.

Date: 23 December 2025

Fee Earner: J Sleigh, solicitor (North Pole Department)

Client name: Mr Santa Claus, but known by other aliases too numerous to mention. 

Occupation: Global gift distributor.

Address: I North Pole, Lapland.

Time spent: A Christmas minute or two.

The meeting began with the solicitor observing that Mr Claus had been entering homes without consent, for centuries, and yet there had been no claims of trespass or requests for an injunction.

Mr Claus seemed amused and suggested that consent was implied through a licence. He reasoned that leaving out a mince pie, or perhaps two or three, along with a small sherry, was as good as a contractual welcome, especially when the consideration was so delightful.

1. Sleigh moved on to the thorny subject of data protection, and potential breaches of data protection regulations, by keeping a record of every child’s behaviour in real time, which could in turn severely impact the world’s coal supplies.  

Santa explained that due to adverse weather conditions at the North Pole, a data protection impact assessment had become frozen solid. Anyway, he relied on legitimate interests, particularly those ensuring global merriment, and additionally, the elves had now installed encryption so robust that even Mrs Claus could not break it.

1. Sleigh then addressed Mr Claus’s potential breach of employment law, noting that his elves work continuous night shifts all year round, primarily in toy production. Additionally, did the elves receive holiday or sick pay?

Mr Claus nearly choked on his fourth mince pie and declared that the elves have the entire 26th of December off work, with a generous supply of cookies handmade by Mrs Claus. He added that he has never dismissed an elf, no matter how mischievous their behaviour, despite regularly causing mayhem and chaos in Mrs Claus’s kitchen.

The solicitor had to smile, but that final legal puzzle about airspace permissions still lingered. How did Mr Claus manage to secure permissions from so many countries, especially flying a sleigh over the world’s main international airports at 23:59 GMT on Christmas Eve? Further, exactly how did he manage those time zones?

Santa gave a mischievous wink and bellowed a festive Ho-Ho-Ho, before replying that it was magic, possibly in the same way that J. Sleigh justified their billing targets.

The interview wrapped up with both parties agreeing that while Mr Claus presented certain compliance challenges, his annual operations were diligently risk-managed.

Formalities over, and escorting Mr Claus to his sleek new eco-friendly hybrid sleigh, part reindeer power and part …well that’s a secret. The solicitor asked if he might be visiting their own home on Christmas Eve. Slapping the solicitor on the back, Mr Claus replied, ‘Be sure of it…I have even made sure that the delivery of your hefty bag of coal will comply with all current smokeless fuel and environmental laws. Merry Christmas and a Happy New Year to you and your clients…….Ho-Ho-Ho’.

Then, as if by magic, he was gone, leaving behind the faint sound of tinkling bells.

Season’s Greetings and happy holidays to all our subscribers, may all your filings be timely and your mince pies deductible.

The By Lawyers Team.

Historic Renters' Rights Act 2025 Overhauls UK Rental Sector

The Renters' Rights Act 2025 has received Royal Assent. Once implemented, the landmark legislation, heralded as a generational milestone, is expected to shake up the rental market by introducing sweeping reforms aimed at improving security and standards for millions of tenants.

Although the Act is now law, most major changes are expected to be phased in during 2026.

The Act will abolish no fault evictions under s 21 of the Housing Act 1988, meaning landlords can no longer end tenancies without reason. Instead, they must rely on expanded grounds under s 8 to regain possession, such as rent arrears, anti-social behaviour, or a genuine need to sell or move into the property.

The Act will also replace fixed-term contracts with rolling periodic tenancies, giving renters greater stability. Tenants will be able to end a tenancy with 2 months’ notice.

A 12 month protected period at the start of each tenancy will prevent landlords from ending the tenancy early to simply to sell or occupy the property themselves.

Other major changes include tighter rules on rent increases, limited to once a year, made by formal notice and challengeable at a tribunal, and extending the Decent Homes Standard to private rentals for the first time. Landlords will face fines of up to £40,000 for serious breaches.

Additional measures will introduce:

• a national landlord register;
• a Private Rented Sector Ombudsman;
• a ban on rental bidding and excessive advance rent payments.

Legal experts say the changes mark a fundamental shift in the balance between tenant security and landlord flexibility.

Updates to By Lawyers Care Proceedings Guide

The Care Proceedings guide has been expanded and updated with the following enhancements:

• New AI Prompts for:
• Chronology – Care proceedings;
• Position statement – Care proceedings;
• Letter to client explaining an order or judgment;
• Letter to client about care proceedings appeal prospects.

Our commentary has been enhanced to include: 

• a discussion of accommodations for neurodiversity in the family justice system;
• guidance on the differences between supported and supervised contact, and when each may be appropriate;
• recent caselaw on deprivation of liberty;
• consideration of the use of covert recordings; and
• guidance for conducting appeals, including the forms and precedents needed.

By Lawyers is pleased to introduce AI prompts to our publications, helping our subscribers harness the power of LEAP’s Matter AI.

These updates benefit practitioners with fresh insights and tools to strengthen their approach in this complex area. Explore our Care Proceedings guide on the Family Law section of our website: Family Law. 

New Identity Verification Requirements for Companies

From 18 November 2025, those involved in the management of a company or filing on behalf of a company are required to verify their identity with Companies House. 

Practitioners advising clients regarding the formation and management of companies will need to ensure the client has complied with their obligations to verify their identity.

The By Lawyers Companies publication provides useful guidance and precedents for ensuring individuals verify their identity. Also, the By Lawyers Practice Management matter plan includes checklists for practitioners acting in the capacity of an authorised corporate service provider carrying out verification for Companies House.

New Guidance Encourages Gender Neutral Salutations

The Law Society has advised members to stop using the phrase ‘Dear Sirs’ at the beginning of letters and emails because it originates from a time when the profession was entirely male. Such language is no longer inclusive nor representative of the diversity within a modern legal profession.

It recommends that if the recipient's identity is unknown, members use neutral terms such as 'Dear legal team', 'Dear all', or simply 'greetings' or 'good morning'.

If the recipient's name is known, then use it.

High Court Rejects Freeholder Arguments for Exploitative Business Model

30 October 2025

The High Court recently delivered a definitive judgment dismissing freeholders’ claims that the Leasehold and Freehold Reform Act 2024 (LAFRA) infringes their human rights - ARC Time Freehold Income Authorised Fund & Ors v Secretary of State for Housing, Communities and Local Government [2025] EWHC 2751 (Admin).

The disputed reforms

Leading freehold estate owners and investment funds alleged that LAFRA unlawfully deprived them of property rights protected under the European Convention on Human Rights (ECHR) by disputing 3 core LAFRA measures:

• the abolition of the 50% marriage value share on short leases;
• the cap on ground rent used in calculating lease extension prices;
• the ban on recovering legal and professional fees from leaseholders.

Human rights argument fails

The claimants argued that LAFRA deprived them of fair market value without justification. The court rejected this outright, ruling that Parliament was entitled to rebalance leasehold ownership in the public interest, even if it resulted in financial loss to freeholders.

Parliament’s right to reform

The judges held that Parliament may correct structural defects in property law and need not guarantee investors perpetual windfalls. Freeholders had taken the risk that statutory valuation assumptions could change and had no legitimate expectation that the rules would remain frozen. The judgment described the challenge as an attempt to insulate a flawed business model from democratic reform.

Market value and compensation

At the heart of the ruling was the rejection of freeholders’ demand that market value should include marriage value and uncapped rent. The court held that market value is not a fixed concept and that when Parliament establishes a statutory compensation scheme, it can define value on its own terms.

Prospects of an appeal

While the claimants are almost certain to seek permission to appeal, their chances may be limited. Any appeal must show that the court misapplied the law or that Parliament’s reasoning was irrational, which is unlikely. Alternatively, the claimants might try to appeal directly to the Supreme Court, citing public interest and the financial impact, but permission is uncertain and could cause delays for years.

A turning point for leasehold reform

The ruling is widely seen as a moral and legal win for leaseholders. The court rejected all major freeholder arguments, describing the business model as exploitative and outdated. With marriage value condemned as unearned profit and ground rent dismissed as money for nothing, the way is clear for LAFRA to provide cheaper lease extensions and more control for homeowners, another step towards long-awaited leasehold reform.

Anti-money Laundering Shake-up – Financial Conduct Authority to Supervise Law Firms

30 October 2025

In one of the most significant shake-ups in the legal sector in years, the Financial Conduct Authority (FCA) is set to take over anti-money laundering (AML) supervision of law firms from the Solicitors Regulation Authority (SRA).

The move, part of a government effort to strengthen the UK’s financial crime protections, will see the FCA become the sole professional services supervisor (SPSS) for AML, with the transition expected in 2026.

It is a major shift in how money laundering is to be policed across the UK legal world. Since 2007, the SRA has been the sector's AML watchdog on more than 6,000 firms and 23,000 individuals. But despite years of monitoring and millions in fines, not a single law firm or solicitor has ever been criminally prosecuted for AML breaches.

The FCA is predicted to take a markedly different approach, focusing less on ticking boxes and more on results and enforcement. Unlike the SRA, which can only impose regulatory penalties, the FCA has the authority to pursue criminal prosecutions under the Money Laundering Regulations 2017.

The FCA has got teeth and can compel witness interviews, run forensic investigations, and coordinate with other law enforcement agencies, tools that could see not just firms, but individual partners and compliance officers, facing criminal sanctions.

The Law Society has urged the government to manage the handover carefully and avoid driving up costs or adding red tape that could hurt the UK’s world-leading legal sector.

Experts say law firms should not wait for 2026 to start preparing. The FCA’s style of enforcement is tougher, faster, and far more focused on results and we set out below what firms need to be doing now:

• ensure AML systems actually work. They should flag up and stop suspicious activity, not just look good on paper;
• tighten internal controls. Keep clear, risk-based records showing how key decisions are made;
• take personal responsibility seriously. Senior partners, compliance officers, and even junior fee-earners may face individual liability if things go wrong.

The message is clear-the days of procedural box-ticking are over, and a new era of accountability and possible criminal prosecution is shortly to begin.

Decision in Mazur Forces Firms to Rethink Who can Act in Litigation

21 October 2025

A recent High Court decision has sent shockwaves through the legal profession, shaking long-held assumptions about who can and who cannot run litigation in England and Wales.

In Mazur & Stuart v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB), the court ruled that under s 21(3) of the Legal Services Act 2007 only authorised individuals, being those holding practising certificates or equivalent rights can legally conduct litigation, a reserved activity. Being supervised by a qualified solicitor, or employed by an authorised firm, is not enough.

The decision has major implications for thousands of paralegals, legal executives, and other non-authorised staff who handle litigation tasks every day.

The court decision

The case centred on an employee at a debt recovery firm who had filed court documents and drafted pleadings while not holding a practising certificate. His employer argued that he acted under a solicitor’s supervision and therefore within the law.

Mr Justice Sheldon disagreed and emphasised that the law reserves the conduct of litigation to authorised persons only. Justice Sheldon further stated that supervision does not confer authority, what matters is who really exercises professional judgment and takes responsibility for strategic decisions.

In practical terms, this means only the authorised solicitor can approve pleadings, sign statements of truth, issue proceedings, or make applications. Non-authorised staff can assist, but they must not cross the line into taking responsibility for those actions.

Substance over form is the new watchword. If a paralegal is effectively running a case, it does not matter whose name is on the file. The firm could find itself in breach of the Legal Services Act 2007 which is a criminal offence.

Ambiguity, issues and outcomes

For years, law firms and regulators operated under the assumption that supervised staff could take certain formal steps in litigation. Incorrect guidance from both the Solicitors Regulation Authority (SRA) and Chartered Institute of Legal Executives (CILEX) had supported that view.

The Mazur ruling has upended that position, leaving many firms scrambling to adjust. Large and small practices alike are reviewing workflows, limiting what non-authorised employees can do, and urgently seeking clarification from regulators.

The Law Society has warned that, without fresh and consistent guidance, satellite litigation could erupt as parties challenge cases on technical grounds potentially affecting costs and outcomes for clients.

The knock-on effect extends beyond litigation. Other reserved activities under s 12 of the Legal Services Act 2007, for example conveyancing, probate, and preparing certain legal instruments, could also face renewed scrutiny. 

Many experienced but non-authorised practitioners in those fields effectively run files independently, relying on nominal supervision. Mazur may force firms to rethink that model entirely.

Considerations for CILEX members

For years, CILEX guidance suggested that its members employed in solicitors’ firms could conduct litigation under supervision. This advice was corrected in late 2023, but not before thousands of legal executives had built careers on that understanding.

In response to Mazur, CILEX Regulation has applied to the Legal Services Board (LSB) to fast-track an application allowing legal executives to obtain standalone litigation rights, separate from advocacy rights, which were previously linked. If approved, this would offer a formal pathway for CILEX members to continue conducting litigation lawfully.

The LSB has indicated that a decision may be reached within weeks. It has also launched a review of how regulators communicated information about litigation rights, following disclosures that the SRA had previously, and incorrectly, advised that non-authorised individuals could conduct litigation under supervision.
Meanwhile, concern is mounting within the CILEX community. A petition calling for reform of the Legal Services Act 2007 to give CILEX members full litigation rights has already attracted over a thousand signatures.

Industry response – stay informed and prepare

The profession is still assessing the practical implications. Many firms have paused work undertaken by non-authorised staff while risk and compliance teams determine safe parameters. The immediate advice from experts is to stay calm but act methodically.

Firms are being urged to:

• assign clear responsibility to authorised solicitors who genuinely direct cases;
• conduct document oversight, keeping evidence of review and approval at every key stage;
• define the boundaries between assisting with and conducting litigation;
• update internal training and risk guidance to reflect that earlier regulatory messages may no longer be reliable.

Mazur has forced the legal profession to confront uncomfortable truths about its structure and regulation. It reveals inconsistencies in past guidance, highlights the outdated complexity of the Legal Services Act 2007, and underscores the need for a modern approach to recognising legal professionals beyond the traditional categories of solicitors and barristers.

Whether through legislative reform, fast-tracked practice rights, or clearer supervision frameworks, the coming months will be crucial.

Further updates will be provided as developments occur.

Proposed Reforms for Turbocharging the Conveyancing Process

7 October 2025

The government has launched a 12-week open consultation on reforming the home buying and selling process, which will close on 21 December 2025. Following the consultation, the government will publish a roadmap setting out measures to create a conveyancing system that is more straightforward, quicker, and dependable in the long term.

The proposals under consideration include:

• introducing improved digital tools to streamline processes, and reduce repetition; 
• measures to reduce transaction fall-throughs and risks, including those caused by property chains, giving consumers and professionals greater clarity;
• raising professional standards, to ensure competence and accountability throughout the sector; 
• ensuring that consumers are better informed through improved education and transparency;
• reforms to build trust and confidence in the system resulting in higher satisfaction and a more resilient property market.

Upfront property information

As an initial step, it is suggested that sellers and estate agents ensure prospective buyers receive a detailed property information pack when a property is listed for sale.

Before listing, sellers would collaborate with conveyancers and surveyors to conduct searches and a property condition assessment.

Upfront information would include key property details, such as:

• tenure;
• council tax band;
• EPC rating;
• property type;
• title information;
• verification of the seller's identity;
• if applicable, leasehold terms;
• building safety data;
• standard searches to include local authority, drainage and water, environmental, and locality-specific risks such as mining or chalk;
• property information, such as that captured in the Property Information Form TA6;
• a property condition assessment tailored to the property age and type;
• where applicable, additional details such as service charges, planning consents, flood risk, chain status, and a clear floor plan.

Professional standards for estate agents

Additionally, the government proposes the introduction of a Code of Practice to establish minimum standards for all residential estate agents, including estate, letting, and managing agents.

Alongside this a recent consultation outlined a preferred approach for delivering mandatory qualifications for property agents, with the government designating professional bodies to oversee and implement the qualification requirements, supported by local authority enforcement.

Digital property logbooks and packs

Digital property packs will contain current and historical information about a property, giving homeowners control over their own data and reducing transaction risk by ensuring its provenance is verified.

This will allow conveyancers to progress transactions faster and with greater confidence in the information provided.

Binding conditional contracts

Currently, buyers or sellers can withdraw from a transaction at any time before exchange of contracts, often at a significant cost to the other side.

The government intends to address this by encouraging the use conditional contracts, making transactions legally binding at an early stage. Withdrawing after a binding agreement has been signed may result in a financial penalty, such as forfeiture of the buyer’s deposit.

Streamlining transactions

The role of conveyancers has expanded significantly in recent years, in which has contributed to the home moving process taking much longer.

Several factors are driving these delays, such as:

• strict compliance regulations, such as for Anti-Money Laundering (AML), which require consumers to undergo repetitive checks from conveyancers, lenders, estate agents, and other property professionals during a single transaction;
• property titles have become increasingly complex, with issues like managed freehold properties and estate rent charges becoming more prevalent;
• lenders placing additional demands on conveyancers to help manage their risk in lending against properties with these terms.

To address these delays the government proposes:

• streamlining AML checks so that consumers do not face repeated checks during a single transaction;
• introducing measures to accelerate the provision of information for leaseholders and homeowners on private or mixed tenure estates who wish to sell their property, and to protect sellers from unreasonable fees when requesting this information. 

By Lawyers comment

If implemented, these proposals will represent a significant shift for both consumers and professionals alike.

The government predicts that:

• buyers can expect transactions to progress up to 4 weeks faster;
• the rate of fall-throughs will reduce from 1 in 3 transactions to 1 in 7;
• first-time buyers are expected to save approximately £710 per transaction, while home movers could save around £400.

While there is broad agreement that the conveyancing system needs reform, previous government initiatives have failed due to cost and limited engagement from stakeholders.

This latest initiative will once again require the full support of all stakeholders to succeed.

Of particular note is the proposal that conveyancers may be required to publish their performance track record as part of the reforms – a measure that is likely to provoke strong responses from the profession.

We will monitor progress with interest and provide further reports in the Looking to the Future publication, found in the Reference Materials folder of all guides.

For more information see the government Open consultation – Home buying and selling reform page.

AI Prompts Published to Complement By Lawyers Criminal Offences App

7 October 2025

Two new AI prompts have been created in the Criminal Guide.

The Prompt summarising the Criminal Offences Presentation Document works with the document produced while using the Criminal Offences app to summarise the responses and create a suggested sentencing outcome for argument in court.

The Prompt for submissions in support of a bail application in the magistrates’ court gives practitioners a clear structure for a bail submission, including legislation, case details and persuasive arguments.

By Lawyers is pleased to introduce AI prompts to our publications, helping our subscribers harness the power of LEAP’s Matter AI.

To find out more about how the Criminal Offences app can streamline work, please book a demo.

New Protections for Victims Speaking Out - Commencing from 1 October

From 1 October 2025, section 17 of the Victims and Prisoners Act 2024 introduces important new rules about non-disclosure agreements, NDAs, and settlement agreements. These rules make it clear that victims of misconduct can share their experiences with certain people, even if they have signed an NDA.

The new law protects disclosures made to a wide range of people and organisations. This includes the police, lawyers, professional regulators, victim support services, and qualified professionals, such as doctors or therapists. Victims can also talk to a trusted person like a parent, partner, or child to get personal support.

Disclosures are protected when they are made for appropriate purposes, such as seeking legal advice, reporting misconduct, or getting professional or emotional support.

This change is significant because it prevents NDAs from being used to silence victims. Organisations will no longer be able to rely on confidentiality clauses to stop people reporting concerns to the police, regulators, or support services. It strengthens victims’ rights and supports a culture of openness and accountability.

By Lawyers Confidentiality Agreement, Settlement Agreement, Non Disclosure Agreement and associated clauses have been updated to account for this change. Subscribe to By Lawyers News & Updates to receive practical legal updates straight to your inbox.

New protections for victims speaking out - commencing from 1 October

From 1 October 2024, section 17 of the Victims and Prisoners Act 2024 introduces important new rules about non-disclosure agreements, NDAs, and settlement agreements. These rules make it clear that victims of misconduct can share their experiences with certain people, even if they have signed an NDA.

The new law protects disclosures made to a wide range of people and organisations. This includes the police, lawyers, professional regulators, victim support services, and qualified professionals, such as doctors or therapists. Victims can also talk to a trusted person like a parent, partner, or child to get personal support. Disclosures are protected when they are made for appropriate purposes, such as seeking legal advice, reporting misconduct, or getting professional or emotional support.

This change is significant because it prevents NDAs from being used to silence victims. Organisations will no longer be able to rely on confidentiality clauses to stop people reporting concerns to the police, regulators, or support services. It strengthens victims’ rights and supports a culture of openness and accountability.

By Lawyers Confidentiality Agreement, Settlement Agreement, Non Disclosure Agreement and associated clauses have been updated to account for this change.

Subscribe to By Lawyers News & Updates to receive practical legal updates straight to your inbox.