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......................................................................................................................... Book Description Goethe, writing In 1775, explained the need for a new edition of Kelly as well as annual supplements. In Egmont, Act 1, Scene 1, the burghers of Brussels combine crossbow practice with beer drinking and bemoan the loss of their liberties under Spanish rule. Jetter, supports the regent, Margareta von Parma, but grumbles about the fourteen new bishops she has appointed. Roughly translated, he said that with three bishops all was honourable and orderly, but with fourteen, each must busy himself as though he was necessary. In those days bishops, but today politicians and regulators, who cannot resist tinkering with the law, sometimes usefully but often merely to be seen to be doing something. By the end of Kelly’s first century twelve editions had appeared on average every ten years, the biggest gap between editions being 18 years, From the thirteenth edition (my first) to this one, the average gap between editions has been about five years, the biggest seven and the shortest three. Amongst the 120 Acts of Parliament and mass of Statutory Instruments from 2007 to June this year, probably the most obviously important affecting Kelly are the Companies Act 2006, said to be the longest piece of British legislation, which was intended to simplify company administration, but has achieved the opposite and necessitated an almost new chapter, the Finance Act 2006, whose new inheritance tax rules resulted in much of the gifts, trust and wills chapters being substantially rewritten and various items of employment legislation, which have abolished the neat and tidy but wholly unworkable statutory and disciplinary rules (three cheers) and led to the addition of more codes and policy statements than contractual documents, dealing with such matters as training, safeguarding vulnerable persons, the prevention of illegal working and additions to the health and safety policy. Those are just the big obvious changes in the law for which Kell required updating. Other changes, just its important, result from, to pick out a few examples, the new Accumu¬lation and Perpetuities Act 2009, the Housing (Tenancy Deposit Schemes) Order 2007, increasing Internet trading, the increased amount of material on the Web that solicitors and other advisers need to use and as simple a thing as a new Land Registry form TR1. It is a source of frustration that the Charities Act 2006, s 34 made provision for a new legal form, the charitable incorporated organization (CIO) the first legal form to be created specifically to meet the needs of charities. Its purpose is to avoid dual regulation by Companies House and the Charity Commis¬sion. The 19th edition of Kelly said about it: "It is intended to include a precedent for a CIO constitution in a supplement in due course.' Three supplements have come and gone and no more can be promised than the hope that it will at last appear in a supplement to this edition. On the other hand I managed to resist drafting a precedent under the Concessionary Bus Travel Act 2007. Another change is evident. The once clear borderline between criminal and civil law is becoming blurred, and the increasing regulation of everyday business brings offences punishable by fines and occasionally imprisonment into many of the civil transactions for which Kelly provides precedents. In the employment chapter, for instance, approximately one third of the material has more to do with statements of policy than contract, while in the I6lh edition (1993) almost the whole of the chapter was based on contractual rights and duties. The Companies Act alone contains about 160 provisions under which officers of a company can be guilty of offences- and, on a LexisNexis search, I found well over 1,000 thousand pieces of legislation under which directors or officers of bodies corporate can be guilty of offences. Hence the seemingly unlikely introduction into this edition of Kelly of a short preliminary note on criminal law, which, as a sorry reflection on how the law is developing, will doubtless be expanded as time goes on. Otherwise Kelly is very much what it was, a compressive collection of precedents and notes about almost everything that a solicitor or other practicing lawyer needs for almost all types of day to day non-contentious work. Many editions ago it ceased to be a 'Chancery' handbook consisting of mainly conveyances, leases trust and wills, and gave much of its space to the business sector, with extensive commercial, company and employment docu¬ments. In order to the scope of the book obvious to new users. I altered the layout in the 19th edition to group subject chapters into general parts, (B) company, commercial and business, (C) private client and family (D) property - sale, leases and mortgages and (E) not for profit, with definitions, standard clauses (others call them boiler-plate) etc in part (A). To older users, one or two of whom missed the previous alphabetical arrangement of the chapters, I apologise. I hope that the summary contents list now makes it clear that there is a practical reason for the layout. I hope that you, whether new or old users, will find here all the special works you need in one volume. For their contributions to Kelly I thank all the contributors, Gillian Cockburn (assents, gifts, trusts and wills), Emma (family), Richard Fearnley (easements and boundaries), Jackie Heeds (building agreements), Graham Hill (associa¬tions and charities), Karl Jackson and Varum Maharaj (sale of land). Rex Nwakodo (commercial documents), Michele Phillips (sale of shares and businesses chapter), my wife Sally Ramage (introduction to criminal law, notes on the Companies Act 2006, and prompting me over topics such as vulnerable persons, drugs and health and safety), Andrew Smith for the mortgages chapter, and Laurence Target (leases and tenancy agreements and challenging me about 'shall', definitions and other niceties of legal drafting and the careful use of English). The publisher's closing dates for the manuscript was 31 March and for revisions 31 July 2010, but, as an example of the dating problem, even as I write this preface the news is that from April 2011 the default retirement age from employment, which under the Employment Equality (Age) Regula¬tions 2006. itself prospectively repealed and re-enacted by the Equality Act 2010, is 65, will be abolished, so that the life of the retirement from employment precedents and notes in Kelly is limited. The flow of new law means that no work like this can be wholly up to date but must be revised constantly. Outside Kelly and the practice of the law, I no longer report a daughter who wished that her Daddy would write a proper book, but, thank you Hephzi-bah, a grandson Ben, who at three neither knows nor cares what Grandpa writes. Hephzibah, as a midwife, continues to deliver babies, and William, with Network Rail, continues to signal trains. My classic car project (www. damiler-dn250. net) has developed most of the characteristics of an NHS computer project, over budget and over time, but will not be cancelled. ......................................................................................................................... Contents Part A Boilerplate and general 1. Definition – Words and expressions 2. Standard Clauses 3. Declaration (statutory) and statements 4. Formal part of documents Part B Company, commercial and business 5. Arbitration 6. Bills of exchange 7. Bills of sale 8. Commercial Documents 9. Companies 10. Employment 11. Guarantees and indemnities 12. Partnership 13. Sale of shares and business Part C Private client and family 14. Assents 15. Change of name 16. Family 17. Gifts 18. Power of attorney 19. Trusts and trustees 20. Wills Part D Property 21. Building Agreements 22. Easements and boundaries 23. Lease and Tenancy Agreement 24. Mortgages 25. Sale of Land Part E Not for profit 26. Association 27. Charities and social enterprises .........................................................................................................................
