Additional Protocol meaning

Use this checklist when representing the seller in the disposal of a registered freehold residential property, whether offered with vacant possession or burdened by a lease or multiple leases. It is not comprehensive and will not address every eventuality in every transaction. You should always consider if there are additional matters that require attention. It does not purport to be a complete guide for every case. Preliminary matters Have you taken instructions from the client? Robust due diligence and effective transaction management depend on a clear grasp of the seller’s objectives and the proposed sale terms. Obtain full instructions, and clarify any elements of your brief that are unclear or out of the ordinary. Consider whether further specialist input is required; for example, planning advice where completion is conditional upon planning permission being secured. The table below sets out some of the principal points on which instructions should be obtained at the outset. This list is not comprehensive, and you may need to request information about additional...

STOP PRESS The Loan Market Association (LMA) has released refreshed editions of the standard terms and conditions for Par and Distressed Trade Transactions, the complete set of Funded Participation and Risk Participation Agreements, and the Secondary Debt Trading Documentation User Guide, with effect from 17 March 2026. The changes remove LIBOR references, update IBOR rate definitions and the Target2 definition, and revise ERISA representations to incorporate additional exemptions to the prohibited transaction rules under ERISA and the US Internal Revenue Code. The revised documentation is available exclusively to LMA members, accessible via the LMA’s Documentation Hub. These publications are updated versions issued by the LMA. Summary A core principle of trading under the LMA protocol is that ‘Trade is a Trade’; i.e. once a trade is struck—including an oral contract agreed by telephone—it is binding, and subsequent developments, even if adverse to one or both parties, do not entitle either party to cancel or ‘break’ the trade. By way of example, a failure to secure consent for...

The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol) is engaged for collisions taking place on or after 31 May 2021. For RTA personal injury matters, the small claims track cap for general damages—covering pain, suffering and loss of amenity (PSLA)—now stands at £5,000, save for exceptions in CPR 26.10 and CPR 26.11. The protocol is intended for situations where a person has sustained injuries in a road traffic accident (including, though not confined to, whiplash) and wishes to pursue compensation, provided the sum claimed for the injury does not exceed £5,000 and the value of the case does not exceed £10,000. It operates for claimants pursuing personal injury compensation from RTAs within these injury and overall value limits. For additional guidance on using the RTA Small Claims Protocol, consult Practice Note: The road traffic accident small claims protocol...

In this issue: Bribery, corruption, sanctions and export controls Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Corporate Crime in Scotland International Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Bribery, corruption, sanctions and export controls UK sanctions regime review lacks detail on beefing up meagre enforcement Proposals from the UK government to merge sanctions lists and accelerate action on civil-law infringements are likely to be welcomed as objectives, yet the refreshed approach sidesteps the problem of uneven enforcement. The newest review of the sanctions framework gives little clarity on how to make improvements: ministers talk about boosting the deterrent effect of enforcement, but there is no clear reference to additional resources for investigators. See News Analysis: UK sanctions regime review...

In this issue: Key developments and horizon scanning Residential property Property development Statutory compliance Transferring property Property insolvency Property taxes Property in Scotland Statutory compliance Additional property updates this week Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning Property and Property Disputes—major developments in 2025 and a comprehensive look ahead to 2026. This News Analysis brings together and summarises the principal shifts across Property and Property Disputes in England & Wales during 2025 and anticipates what is on the horizon for 2026. This edition spotlights business tenancies, the Leasehold and Freehold Reform Act 2024, residential tenancies, building safety, service charge and outgoings, commonhold, electronic communications, contractual controls on land, adverse possession, investigating title, the ‘Etridge’ protocol, energy performance and business rates. See News Analysis: Property and Property Disputes—key developments in 2025 and horizon scanning for 2026. Residential property RICS responds to government...

In this issue Leasing property Statutory compliance Residential property Property development Transferring property Easements, rights and covenants Property in Wales Property taxes Additional property updates this week Daily and weekly news alerts Trackers New Q&As Leasing property Landlord’s reliance on ground (g) to resist a new business tenancy did not infringe the ECHR In MVL Properties (2017) Ltd v The Leadmill Ltd [2025] EWHC 349 (Ch), the High Court held that a landlord’s opposition to granting a renewed lease under ground (g) of section 30(1) of the Landlord and Tenant Act 1954 did not violate the European Convention on Human Rights. The court firmly dismissed the tenant’s case that the landlord’s plan to run ‘essentially the same business’ would amount to taking the tenant’s goodwill, which had become associated with the premises, contrary to the tenant’s possessions right protected by Article 1 of Protocol 1, as a breach of the human...

This Practice Note examines enquiries before contract—also referred to as pre-contract enquiries, preliminary enquiries or standard enquiries—within residential conveyancing transactions. It proceeds on the basis that the parties have adopted the Law Society Conveyancing Protocol (2019) (the Protocol) and that the buyer’s conveyancer is additionally acting for a lender in line with the UK Finance Mortgage Lenders’ Handbook (the UKFML Handbook) or the Building Societies Association Mortgage Instructions (the BSA Instructions). See Practice Notes: The Law Society’s Conveyancing Protocol and Lenders' instructions—the UK Finance Mortgage Lenders' Handbook and the Building Societies Association Mortgage Instructions. Why raise enquiries? At common law, the guiding doctrine is ‘caveat emptor’—‘let the buyer beware’—so a seller has only a limited duty to disclose information about the property. It is principally for the buyer to ensure they understand what they are purchasing, including the nature of the property and any rights or liabilities that may attach to it. Accordingly, a buyer’s conveyancer raises enquiries before contract to secure information about the property...

What is acceleration? In construction law, acceleration is commonly taken to mean adopting steps to increase the pace of the works so completion occurs sooner than it otherwise would. However, there is no settled legal definition of the term. In Ascon v Alfred McAlpine, the court remarked that ‘acceleration’ is often bandied about as if it were a precise term of art, yet nothing persuaded the judge that this was so. The root idea behind the metaphor is, no doubt, that of increasing speed and, in the context of a construction contract, finishing earlier than planned. On that basis, ‘accelerative measures’ are actions taken—assumed to be at increased expense—with a view to achieving that aim and bringing completion forward. The Society of Construction Law’s Delay and Disruption Protocol (SCL Protocol) describes acceleration as the application of additional resources or alternative construction sequences or methodologies, seeking to realise the planned scope of work in a shorter time than planned, or the execution of additional scope of work within the...

Practice Note This Practice Note examines pre-action behaviour in ordinary and commercial civil disputes in Scotland. For guidance on: pre-action steps in Scottish personal injury matters, see Practice Note: The Scottish Personal Injury Pre-Action Protocol other issues to weigh before raising a civil claim in a Scottish court, and how to commence and advance a claim, see Scottish DR: prescription and limitation—overview and Scottish DR: case management and evidence—overview respectively, which lead to more detailed guidance the closest comparable process in England and Wales, see Pre-action: general—overview and Pre-action protocols—overview, which in turn link to fuller guidance on various aspects of pre-action conduct in England and Wales Note: this Practice Note does not provide guidance on pre-action requirements in ordinary actions that are partly governed by statute; for example, where a lender seeks to enforce a qualifying standard security under the Conveyancing and Feudal Reform (Scotland) Act 1970, or where a landlord intends to evict a former tenant after irritancy...

Dear [ insert organisation name ] Letter of Claim [ insert claimant’s name ] v [ insert defendant’s name ] We are instructed to represent [ insert claimant’s name ] in respect of treatment performed/care provided at [ insert name of defendant hospital ] by [ insert name(s) of surgeon(s) if known ] on or about [ insert date(s) ]. Please inform us if you do not consider yourself the correct defendant, or if you are aware of any additional potential defendants. This correspondence is issued in accordance with the Pre-Action Protocol for the Resolution of Clinical Disputes. Please acknowledge receipt in writing and state who will be dealing with this matter within 14 days. Failure to provide an acknowledgement may lead to the Claimant issuing proceedings without further notice to you. Furthermore, within four months of receiving this letter, you should supply a Letter of Response confirming whether the claim is admitted or denied, together with copies of any documents on which you intend to...

Contents This Agreement is dated [ date ] Parties [ Insert name of Employer ] (Company Registration No. [ insert number ]), whose registered office is at [ insert address of Employer ] (the ‘Employer’, which term shall encompass all permitted assignees or other transferees under this Agreement); [ Insert name of Consultant ] (Company Registration No. [ insert number ]), whose registered office is at [ insert address of Consultant ] (the ‘Consultant’). background WHEREAS The Employer has entered into, or proposes to enter into, a contract with [ insert name of Contractor ] of [ insert address of Contractor ] (the ‘Contractor’) for the design and construction of [ insert brief description of the project ] at [ insert location of site ] (the ‘Building Contract’). The Employer seeks to appoint the Consultant to carry out, for the Employer, the services set out in Schedule 2 to this Agreement (the ‘Services’) on the terms...

Contents This Agreement is entered into on [ date ] Parties [ Insert name of Employer ] (Company Registration No. [ insert number ]) with its registered office at [ insert address of Employer ] (the ‘Employer’, a term encompassing all permitted assignees or other transferees pursuant to this Agreement); and [ Insert name of Consultant ] (Company Registration No. [ insert number ]) whose registered office is at [ insert address of Consultant ] (the ‘Consultant’). Background WHEREAS The Employer has entered into, or intends to enter into, a contract with [ insert name of Contractor ] of [ insert address of Contractor ] (the ‘Contractor’) for the design and construction of [ insert brief description of the project ] at [ insert location of site ] (the ‘Building Contract’). The Employer wishes to engage the Consultant to provide, for the Employer, the services detailed in Schedule 2 to this Agreement (the ‘Services’) in accordance...