Legal Checklists

This Checklist This Checklist sets out the key information to seek from the client before commencing a development scheme, together with further actions required to support a smooth development project transaction in practice and in documentation across the parties concerned from the outset. A development scheme—for instance, building an office block with third‑party finance—will draw in many parties, including funders, potentially a distinct buyer, the developer, the occupier and the construction team (comprising contractors, consultants and sub‑contractors), see: Structure of a development project—diagram. Consequently, numerous documents must be prepared, negotiated and finalised to regulate the relationships among all of these participants (see Practice Note: Development documents—introduction). It is therefore crucial that adequate particulars are gathered about the scheme at the outset and that lawyers with expertise in the relevant disciplines are engaged, so as to prevent mistakes or omissions in the...

This checklist sets out the principal points to weigh up when guiding a prospective party about a possible dispute arising from a derivative contract. It is intended for use with derivatives documented under the International Swaps and Derivatives Association ( ISDA) Master Agreements; take care when applying it to non- ISDA based derivative contracts. Read this checklist together with Practice Note: Dispute resolution and derivatives......

This checklist on debt claims sets out the principal points to assess when pursuing a claim for a straightforward contractual debt. You should examine the claim’s character, the parties bound by the contract, the debtor’s resources, the sum said to be owed, the client’s objectives for litigation, relevant limitation periods, and any possible questions of jurisdiction. This Practice Note is intended to be read alongside Practice Note: Starting a contractual debt claim—a practical guide. Issue Considerations Is the intended cause of action truly a claim in debt? Matters that seem to be debt claims may, in fact, amount to claims for damages. Recognising the difference is crucial because practical consequences vary markedly between actions in debt and actions for damages, so you must make sure you are seeking the correct remedy. For further guidance, see Practice Note: Debt claims. Who are the parties to the...

This Checklist This Checklist sets out the principal matters to weigh when advising a potential claimant on pursuing a claim in an energy dispute. It spans a broad spectrum of disputes, the common thread being their basis in the energy sector, embracing claims linked to oil and gas exploration and production, the design, construction and operation of facilities that process and transport hydrocarbons, together with the generation of power and the sale of energy. By their nature, energy projects are typically intricate, multi-layered and frequently involve international elements. Accordingly, it is prudent from the outset to work with a clear checklist that captures every general and specific issue that must be addressed when managing such a dispute. For further guidance on responding to both energy disputes and attendant litigation, arbitration and ADR guidance, see the links to our related content on the...

Checklist for privacy claims This Checklist for privacy claims pinpoints the principal matters to weigh up when advising a prospective claimant contemplating a misuse of private information claim (privacy claim). It centres on the merits: what the claimant must show to found the cause of action; any defences; limitation and jurisdictional questions; injunctions to stop publication; preservation of documents; regulatory complaint; pre-action conduct; funding and issue of proceedings; and settlement, including Part 36 offers. Read this Checklist alongside Practice Note: Starting a claim for misuse of private information—a practical guide. To anticipate how an opponent might respond to a threatened privacy claim, see also Practice Note: Responding to a claim for misuse of private information—a practical guide. Action Comments Is there a viable privacy claim? The underlying legal right for this cause of action derives from Article 8 of the European Convention on Human Rights ( ECHR),...

This Checklist sets out the key points to consider when advising a prospective claimant on a potential breach of warranty claim arising from a share purchase agreement ( SPA). The same broad approach will apply to an asset purchase agreement ( APA). For additional guidance on breach of warranty claims, see the related content links on the right-hand side. Read this Checklist together with Practice Note: Starting an SPA breach of warranty claim—a practical guide... Action Comments Review the SPA Check the: governing/choice of law provisions — is the agreement governed by English law? jurisdiction provisions — do the English courts have jurisdiction? warranty provisions and warranty limitation provisions — does the issue fall within the warranties and are you within the time limit to bring a breach of warranty claim? Note all deadlines in the agreement that could be relevant to any...

Pilot express financial remedy ( EFR) procedure This flowchart explains the pilot express financial remedy ( EFR) route for financial remedy applications where the parties’ combined net assets are below £250,000 (pension rights excluded). It applies from 7 April 2025 upon the commencement of Family Procedure Rules 2010 ( FPR 2010), PD 36ZH. It outlines who qualifies for the EFR pathway and the papers that each side must lodge and swap in advance of the first EFR hearing as per PD 36ZH......

This Checklist Use this Checklist when a customer appoints a supplier to process data on its behalf—for instance, a payroll or payment processing business operating under a stand-alone agreement. It addresses common issues encountered during the negotiation and preparation of data processing services agreements, covering both personal data and other data (eg statistical). The Checklist also contemplates agreements that involve processing personal data under the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 (the UK GDPR). For an introduction to the UK GDPR, see Practice Note: The UK General Data Protection Regulation ( UK GDPR). Where personal data is in scope, the assumption is that the supplier acts as processor (and not as controller) for the customer, who is the sole controller. For additional guidance on the terms ‘controller’ and ‘processor’, see Practice Note: Determining roles under data...

This Checklist Rooted in the SRA’s guidance on AML inspections, this Checklist flags the Lexis Nexis® Precedents you can rely on to prepare the documents the SRA expects to receive ahead of its review. It also outlines practical next steps and points you towards further support for the inspection day itself and the period that follows. For added context, see Practice Note: How to survive an SRA AML inspection. Relevant Lexis Nexis® Precedents for pre-inspection documentation Recommended action points to prepare effectively Information on resources for the day of inspection and afterwards If you are chosen for an on-site AML inspection, the SRA will reach out with a range of possible dates. The on-site visit will be held at your firm’s offices and may last up to five hours; however, the SRA advises you keep your diary as clear as possible on the day of the...

Special resolutions The Companies Act 2006 ( CA 2006) identifies particular business that must be approved by the company’s members (or any class of them) by special resolution, meaning a majority of not less than 75%, or by holders of at least 75% of the shares, or of a class of shares. Where a written resolution is intended to be a special resolution, it will only take effect as such if it expressly states that it is proposed as a special resolution. See Practice Notes: Member resolutions and Written resolutions for further information on shareholder resolutions and written resolutions. This threshold applies whether considering all members or a single class......

FORTHCOMING CHANGES : At Budget 2025, the government announced it will legislate in Finance Bill 2026 (also known as Finance ( No 2) Bill 2024–26) to introduce measures targeting promoters or enablers of marketed tax avoidance. These measures are set out in Part 6 of the Bill, as introduced on 4 December 2025, and comprise: updates to the DOTAS and DASVOIT civil penalty regime, enabling HMRC to issue DOTAS penalties directly rather than seeking tribunal approval a general prohibition on promoting marketed arrangements with no realistic prospect of success, and a prohibition on promoting arrangements specified in universal stop regulations ( USRs). Breach of either prohibition could result in publication, financial penalties and criminal prosecution promoter action notices ( PAN). A PAN would require businesses to stop providing goods or services to promoters of tax avoidance where those goods or...

This timeline outlines notable milestones linked to the Solvency UK regulatory regime. For earlier milestones, please see: Solvency II—timeline (2007–2023) [ Archived]. 2026 Date: 11 March 2026 | Source: PRA | Document: PRA fines U K Insurance Limited £10,625,000 The Prudential Regulation Authority imposed a £10,625,000 penalty on U K Insurance Limited after a miscalculation of its Solvency II balance sheet in 2023 and 2024 led to overstated solvency figures reported to both the regulator and to the wider market. UKI Limited is a subsidiary and principal underwriter of Direct Line Group, and is now part of Aviva plc. This marks the PRA’s first public enforcement action in which the Early Account Scheme ( EAS) has been applied. See: PRA fines U K Insurance Limited £10.6m for Solvency II...

This Checklist outlines how to secure an order for assessment of costs owed to a solicitor by their client, together with the steps to be taken. CPR 46.10 sets out the assessment process and identifies the court documents that must be filed. Timing in which an application for assessment must be made Section 70 of the Solicitors Act 1974 ( SA 1974) provides the route by which either the solicitor or the ‘party chargeable’ (usually the client) may seek assessment of the solicitor’s bill. When proceeding under SA 1974, s 70, timing is crucial because strict deadlines apply. Whether the invoice has been paid is also material. Under SA 1974, s 70(1), if the client asks for assessment within one month of delivery of the bill, the solicitor is barred from starting any action on the bill, and the client is entitled to an...

This checklist is intended for landowners, including farmers and local authorities, who are considering a solar farm project. Levels of irradiance Is the site located in a part of the UK with strong irradiation? The South West, the South, South Wales and East Anglia are most favourable. The Midlands and the North can also host solar farms, though with reduced irradiance. North Scotland is the least suitable. Grid connection Is there an electricity substation close enough to enable grid connection? Engage the distribution network operator at the earliest opportunity to obtain a quote. Suitable land What is the overall site area? As a rule of thumb, at least ten hectares is required. Could nearby environmental, geographic or geological conditions influence the solar array? If possible, obtain aerial photographs. Is the site inside or next to a designated landscape, such as an Area of...

How to use this Checklist This Checklist flags typical points that surface when negotiating and drafting the following agreement types: Long-form software transfer Short-form software transfer It can also support preparing brief, non-binding heads of terms. For guidance, see Precedent: Heads of terms—commercial contracts. Checklist for proposed software transfer agreement As you work through, use the third column to capture notes or observations. Checklist — Further information — Notes (if any). ( A) Key commercial considerations ☐ Verify the legal status of each party. ☐ Ensure the transferring party owns the software, rather than any third party (e.g., consultants or developers). ☐ Agree the contract start date and/or when the assignment takes effect. ☐ Identify fees payable for the assignment; commonly a single, one-off charge, though other pricing models may apply. ☐ Set out amounts and due dates, and whether taxes or extra...

How to use this Checklist This Checklist flags frequent issues encountered when negotiating and drafting the following agreements: Software support agreement—pro-customer Software support agreement—pro-supplier For background on matters addressed here, see Practice Note: Key issues in software licence agreements. For the main points likely to feature in talks on a software support agreement, see Practice Note: Negotiation guide— IT contracts. Also see Practice Note: Key issues in Saa S and hardware/software maintenance SLAs and Precedent: Service Level Agreement (hardware/software fault resolution support services). This Checklist can also support drafting brief, non-binding heads of terms; for that, see Precedent: Heads of terms—commercial contracts. Checklist schedule for proposed software support agreement Use the third column to note observations or remarks as you progress through the Checklist. Checklist Further information Notes (if any) Parties Confirm each party’s legal status. Check whether any third parties (such as group...

Checklist This checklist identifies common issues that often arise when drafting both long-form and short-form software reseller agreements, and should be used alongside the Precedents: Software reseller agreement and Software as a service ( Saa S) reseller agreement. For further detail on the topics highlighted here, consult Practice Notes: Key issues in software licence agreements and Key UK competition law issues in distribution/reseller agreements. The third column can be used to note observations or comments as you progress through the checklist. Consider the parties Consider party details and authority. Confirm each party’s full name, legal status, and the authority to grant the relevant rights and to comply with the corresponding obligations. Consider third party rights. Verify whether the contracting parties (particularly the supplier) hold the necessary intellectual property rights ( IPRs) to grant the required rights and licences under the agreement. Also consider whether any...

Checklist This Checklist summarises the key considerations when two parties place software with a trusted third party (an ‘escrow agent’). The software is provided to one party upon an agreed release event, for example where that party has met its obligations, or another party has not fulfilled theirs... See also Practice Note: Software escrow Escode Single Licensee Escrow Agreement Escode Multi Licensee Escrow Agreement Escode Multi Licensee Deposit Account Agreement Escode Escrow as a Service ( Access) Agreement Escode Escrow as a Service ( Replicate) Agreement Escode Escrow as a Service Scale Agreement ( Multi Customer Deposit Account) The third column can be used to capture observations or comments while working through the Checklist... Checklist | Further information | Notes (if any)... Recitals and parties ☐ Background and purpose of escrow arrangements. Identify the parties and the objective of the escrow...

How to use this Checklist This Checklist outlines the principal clauses to cover when preparing a software development contract. For deeper commentary on matters mentioned here, consult Practice Note: System development and systems integration agreements and Precedent: Software development agreement. Targeted topics are also addressed in Practice Notes: Software development agreements—fees, expenses and disbursements and Software development—agile method. The Checklist may likewise support the preparation of a brief, non-binding heads of terms; for guidance, see Precedent: Heads of terms—commercial contracts. Use the third column to capture notes or remarks as you progress through the Checklist as it is worked through. Headings include Checklist, Further information and Notes (if any). Checklist Further information Notes (if any) Parties Confirm each party’s legal form and whether any third parties (for example, group affiliates) are intended to benefit under the proposed contract. See Precedent: Parties clause. Confirm whether any third party will...

This Checklist serves as a reference for organisations preparing to draft a social media policy, as well as for advisers supporting them. Every policy should be tailored to the specific requirements of the enterprise, especially in regulated fields such as financial services, legal practice or accountancy. From the beginning, organisations ought to reflect on the aims and rationale of a social media policy. They should also pinpoint the possible risks arising from employees and other personnel using social platforms so that, once adopted, the policy operates as an effective means of reducing those risks. Social media covered by a corporate social media policy should include social networks, email groups, bulletin or message boards, chatrooms, listservs and blogs. Familiar platforms include Facebook, Linked In, Pinterest, You Tube, Instagram, Flickr and X. As social media technology evolves constantly, the list of examples is...