Legal Checklists

This Checklist outlines the key matters to weigh up both prior to and following a decision to bring a building contract to an end, or any agreement connected to a construction project. Comprehensive guidance and detail on ending contracts is available in the Termination and suspension in construction contracts subtopic. Considerations when deciding whether to terminate A party contemplating steps to terminate a construction contract should reflect on the following: What grounds are relied upon for ending the contract? Review the building contract closely. Does it include explicit provisions on termination, identifying particular events that allow the parties to terminate? Many UK building contracts contain express termination rights (see Practice Notes: JCT contracts—termination, NEC contracts—termination, FIDIC contracts 2017—termination by the Employer, FIDIC contracts 2017—termination by the Contractor, FIDIC contracts (pre-2017...

This Checklist This Checklist sets out principal factors relating to ending distribution agreements, covering points to weigh during drafting a distribution agreement, ahead of termination, and when carrying out the termination of the distribution agreement itself. For guidance that discusses these matters, refer to the Practice Note: Terminating distribution agreements......

What are the key issues for lawyers to consider? Ascertain whether an Event of Default or a Termination Event has taken place, as this will dictate whether Section 6(a) or Section 6(b) of the ISDA Master Agreement will apply. If an Event of Default has occurred, confirm whether or not Automatic Early Termination is applicable. This will be specified in the Schedule to the ISDA Master Agreement......

This checklist outlines the matters to weigh up and the actions required to end a periodic standard occupation contract for a dwelling in Wales under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016). It covers the bases for seeking possession, compliance with any pre-conditions, notice rules, permitted methods of service, and further steps once a notice has been served. For fuller guidance, see Practice Note: Renting Homes ( Wales) Act 2016—terminating standard occupation contracts and recovering possession. On what grounds can possession be sought? Confirm that a lawful ground exists before taking possession action. The grounds relevant to a periodic standard occupation contract are: breach of contract estate management grounds the landlord was persuaded to enter the contract by a false statement from the contract-holder 'no fault' ground, ie the landlord may give notice to terminate where there is no fault by the...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. This checklist sets out the principal issues to assess when handling a disposal of a property interest that is (or might be) subject to the tenants’ right of first refusal under the Landlord and Tenant Act 1987 ( LTA 1987). For more detail and comprehensive guidance, see Practice Note: Tenants' right of first refusal— Landlord and Tenant Act 1987. Landlord Is the intended transferor ‘the landlord’? If yes, is the landlord ‘exempt’ or ‘resident’? In either situation, the right of first refusal does not arise. Disposal Is the landlord entering into an arrangement amounting to a ‘disposal’ (including a contract to create or dispose of an estate or...

This checklist offers a framework to assess whether you have the right technology measures in place to lessen the risks linked to temporary homeworking, eg during a business continuity incident or a cyber security attack. It will help you pinpoint key considerations and actions for your business and, where relevant, includes links to Lexis+® UK content... Technological steps ☐ Put in place security technologies that protect you and your team when using remote IT systems. NA [ Insert comments, if any] ☐ Confirm your systems are defended against ransomware and other malware. See Practice Notes: A– Z of cyber threats and Cybercrime—issues, threats and vulnerabilities. See also Precedent: Information security review. [ Insert comments, if any] ☐ Back up your critical data on a routine basis. As above. [ Insert comments, if any] ☐ Ensure access to your backups is...

This checklist serves as a practical aide-memoire for in-house lawyers, highlighting what to consider when arranging and running a team meeting. For additional guidance, consult Practice Note: Team meetings and Precedents: Legal team meeting agenda, together with the Team meetings feedback questionnaire. Meeting objectives have you defined the core aims for this meeting? are those aims clear and have they been shared with every attendee?......

Double tax treaties ( DTTs) have a dual nature. They function simultaneously as: international agreements between contracting states, and elements of a contracting state’s domestic law For a DTT to take effect, each contracting state must: sign and ratify the treaty, and incorporate the treaty’s provisions into its domestic legislation In some jurisdictions, a DTT is given automatic domestic effect as soon as it is signed and ratified. Elsewhere, including the UK, a further legislative step is required. In the UK, the arrangements set out in a DTT (and any amending protocol) are brought into domestic law as schedules to Orders in Council and are published as statutory instruments ( SIs). After the DTT has taken effect in the domestic law of both the UK and its treaty partner, and any additional formalities or procedures required by the DTT (such as...

This Checklist This Checklist consolidates obligations under the Criminal Finances Act 2017 ( CFA 2017), alongside related guidance on preventing the facilitation of tax evasion. It further includes recommended actions reflecting best practice. It signposts pertinent Precedents that you may adopt or tailor to achieve compliance in full with these obligations and suggestions. A section allows you to indicate clearly completion of each requirement, with another for comments or recording action points. For further guidance, refer to Practice Note: Failure to prevent facilitation of tax evasion—compliance issues......

This checklist highlights the principal tax considerations when handling distressed corporate debt, addressing in turn: acquisitions of non-performing loans debt restructurings (ie waivers, debt/equity swaps and renegotiations) enforcement of debts For fuller analysis of the points signposted here, see Practice Notes: Tax and distressed debt—acquisitions of non-performing loans Tax and distressed debt—debt restructurings Tax and distressed debt—enforcement actions available to creditors Acquisitions of non-performing loans This part summarises the tax considerations when a buyer takes on existing UK debt at a discount to face value: Where should the purchaser be located? will interest paid by the borrower to the purchaser be subject to withholding tax? if the purchaser is non- UK resident, can relief be obtained under a double tax treaty? to what...

Tax consequences of different buyback structures The table below offers a concise overview of the tax outcomes arising from the various forms of share buyback that a UK company may undertake. Throughout, it is assumed that the relevant shareholder is UK resident and that the repurchased shares are held as an investment. For fuller guidance on the tax treatment of share buybacks, see the following Practice Notes: Tax consequences of share buybacks—main rules Tax consequences of share buybacks—calculating the income capital split Tax consequences of share buybacks—unquoted trading companies For a comparative table setting out other ways a company can return value to shareholders, together with the principal UK tax issues for each route, see: Key UK tax considerations for returning value to shareholders—comparative table. Note that tailored provisions apply where the company repurchasing its shares is a qualifying asset holding company. For more on this,...

This checklist outlines the points to consider when a company plans to grant a pledge. It assumes a company incorporated in England or Wales is granting a pledge to a lender located in England or Wales. In this checklist: the company giving the pledge is the ‘pledgor’ the party in whose favour the pledge is given is the ‘pledgee’ the document setting out the pledge is the ‘security document’ Preliminary questions before taking security by way of a pledge Is a pledge the appropriate method of taking security? Is the asset of a type that can be pledged? Assets capable of being pledged include: goods (that is, tangible, moveable items such as precious metals or other commodities) documents of title to goods or...

Scope of this Checklist This Checklist sets out the points to consider when a company is proposing to grant a mortgage. It proceeds on the basis that an English or Welsh company will be granting a mortgage to a lender situated in England or Wales. In this Checklist: the company granting the mortgage is the 'mortgagor' the party to whom the mortgage is granted is the 'mortgagee' the document recording the mortgage is the 'security document' Preliminary questions before taking security by way of a mortgage Is a mortgage the right method of taking security? A mortgage transfers title to the asset, while preserving the mortgagor's equity of redemption so that, once sums due have been paid in full, title can be transferred back to the mortgagor (note that some mortgages, such as over land, are statutory, meaning there is no transfer of...

This checklist sets out the factors to consider when a company is proposing to grant a floating charge. This checklist proceeds on the basis that an English or Welsh company will grant a floating charge to a lender situated in England or Wales. The company granting the floating charge is the ‘chargor’. The entity receiving the floating charge is the ‘chargee’. The document recording the floating charge is the ‘security document’. For detailed guidance on the nature of floating charges and how they differ from fixed charges, see Practice Note: Fixed and floating charges. For the advantages and disadvantages of taking a floating charge, see Practice Note: Floating charges—advantages and disadvantages. For in-depth considerations when taking a floating charge, see Practice Note: Floating charges. A floating charge may form part of the security package created by a...

A checklist to capture instructions from either a franchisor or a franchisee in relation to a proposed franchise agreement, covering parties, general matters and background. PARTIES Full legal name and full postal address of the franchisor If the franchisor is a limited company, please state its registered office address, company registration number and accounting reference date If the franchisor is not incorporated, on what date are its accounts prepared each year? Will franchisees operate as sole traders, traditional partnerships, LLPs, or limited companies? Is a guarantor required for the franchisees’ obligations under the agreement? Where franchisees are companies, does the franchisor insist on a personal guarantee from the principal shareholder, to secure recovery of any potential losses or damages? Must the franchise be owner-run, or is it intended as a management...

Set out below are the key practical competition law considerations when preparing and submitting the Form CO to the European Commission (the Commission): Confirm eligibility for a Short Form CO to reduce disclosures. Build in time; a full Form demands extensive data, including Member State market shares. For turnover, use the Commission’s official ECB exchange rate and support the filing with economic analysis. If information is unavailable, explain why and estimate; if requests seem irrelevant, justify and obtain a waiver with the case team. Check accuracy; inaccuracies render the Form CO ineffective until the Commission is satisfied. Provide precise contact details for customers, competitors and suppliers, and include caveats for any assumptions. Allow time for authorisations and, where required, signature of the declaration by the relevant business person or in-house lawyers. Prepare required copies (one...

The Inheritance ( Provision for Family and Dependants) Act 1975—checklist for taking instructions Claimant’s name Address Birth date/age Single, married, or cohabiting? ......

Checklist to assist with taking instructions from a business when drafting a consultancy agreement See also: Key provisions in a consultancy agreement—checklist. Precedents For precedent consultancy agreements, see: Consultancy agreement—company and individual—pro-client Consultancy agreement—company and company—pro-client Consultancy agreement—individual and company—pro-consultant Consultancy agreement—company and company—pro-consultancy Consultancy agreement—company and individual—pro-client (short form) Side letter to consultancy agreement—company and company—pro-client Further related guidance See: Consultancy services—overview and Practice Notes: Managed service companies and the anti-avoidance legislation Deciding appropriate employment status Personal service companies—the key benefits and key tax considerations Securing intellectual property rights from employees and contractors IR35—the large and public client off-payroll regime—practical considerations for the end client Issue Business objectives Why do you want to appoint a consultant? What are you trying to achieve? Service scope What services will fall within the scope of the...

This Checklist outlines the principal considerations to address and the actions necessary to be undertaken when customising a shelf company limited by shares......

Senior Courts Act 1981, s 116 Administration of Justice Act 1985, s 50 Jurisdiction The High Court may pass over a Personal Representative ( PR)—that is, someone otherwise entitled to a grant—even if they have intermeddled. Power is flexible, used in special circumstances and when considered necessary or expedient by the court......