Advising meaning

This Checklist outlines the matters defence practitioners may wish to weigh up when guiding a corporate client about attending an interview under caution arising from suspected corporate criminal conduct in England and Wales. It should be considered alongside the Practice Notes: Interview under caution and Voluntary attendance at an interview under caution. Advising clients before an interview under caution When a corporate client is asked to attend an interview under caution: Make sure the client grasps what an interview under caution involves and the significance of the caution. Confirm the client appreciates their rights before and during any interview under caution under the Police and Criminal Evidence Act 1984 (PACE 1984) and PACE Code C. Explain what to expect at the interview under caution and the procedural steps the interviewing officer must take to meet PACE Code C. If the client forms part of a corporate group, verify the request for interview has been addressed to the correct legal entity...

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 potential warranty claim... Review the disclosure letter Confirm that the issue has not been disclosed against...

This Checklist sets out the principal questions practitioners should consider when advising a client facing a request for extradition. For a step-by-step overview under the EA 2003, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure, together with Extradition from the UK (cat 1 request)—checklist and Extradition from the UK (cat 2 request)—checklist. Read this Checklist alongside Practice Note: Extradition and the statutory framework—an introduction to extradition, which outlines the UK extradition framework and the effect of Brexit on extradition between the UK and EU member states. Principles determining extradition under the Extradition Act 2003 The initial points to assess for a client subject to an extradition request are: does your client fall within Category 1—is this an arrest warrant issued under the Trade and Cooperation Agreement 2020 (TCA 2020) or a European Arrest Warrant (EAW) issued before IP completion day? See Practice Note: Extradition and the statutory framework—an introduction to extradition) does your client fall within Category 2—is...

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FORTHCOMING CHANGE: On 26 November 2025, as part of Budget 2025, it was confirmed that, with effect from 6 April 2026, the EMI gross assets ceiling will be increased from £30 million to £120 million, the maximum number of full-time equivalent employees will rise from 250 to 500, and the overall aggregate cap on the value of unexercised EMI options that a company or group may have in existence at any given time will be lifted from £3 million to £6 million...

The Czech Republic v Diag Human SE and another [2024] EWHC 708 (Comm) What are the practical implications of this case? The judgment offers practical guidance on how the ‘reasonable diligence’ condition in AA 1996, s 73(1) operates. It warns parties in arbitration to remain vigilant to unfolding factual matters that may demand further enquiry, in order to satisfy the ‘reasonable diligence’ requirement and maintain an arguable case that is not rendered time-barred under AA 1996, s 73(1). It also emphasises the elevated duty of care owed by investment arbitration practitioners when advising clients in arbitral proceedings, so as to avoid claims of insufficient diligence in the conduct of jurisdictional challenges before the tribunal. What was the background? ...

Original news Banwaitt v Dewji and another [2015] EWHC 3441 (Ch) What issues did this case raise? This decision will interest practitioners advising judgment creditors with a charging order against a debtor’s share in jointly owned property, and anyone dealing with security over beneficial interests in land more generally. The central issue was whether a married couple, as co-owners, could have a charging order removed from the title by the wife buying the husband’s stake. The claimant had secured a substantial judgment which the debtor failed to satisfy. A charging order was then obtained over the debtor’s beneficial interest in the family home. Thereafter, the debtor and his wife transferred the property into her sole name for a modest sum. She argued the order no longer bound the title—maintaining it had been ‘overreached’ under sections 2 and 27 of the Law of Property Act 1925. The debtor tendered that sum to the claimant. However, the debtor had not obtained the claimant’s agreement in advance to the disposition and, in...

Original news MT Højgaard a/s v EON Climate and Renewables UK Robin Rigg East Ltd and another [2015] EWCA Civ 407 The parties entered into a contract for the design and installation of offshore wind turbines. Defects arose in the foundations, prompting a dispute over who should bear the cost of remedial works. At first instance, the judge decided the claimant contractor had breached a warranty that the foundations would provide a 20‑year service life, but had not breached other clauses alleged by the defendant employers. The Court of Appeal, Civil Division, allowed the claimant’s appeal, finding there was no such warranty. The defendants’ cross‑appeal also succeeded, as the claimant had failed to comply with a provision concerning testing of the designs. What was this case about? The dispute centres on a specific design issue of fundamental concern to the various stakeholders involved in the design and construction of offshore wind farms. For context, it is helpful to grasp the technical set‑up—an offshore wind farm is, in...

Family business culture Given the relatively high expense of sourcing and appointing senior staff, holding on to the right people with the right expertise is vital for any firm, and even more so for a family-run enterprise where hiring can be tougher than for rivals. Working in a family company brings upsides; research points to greater loyalty, satisfaction, flexibility and security. Yet drawbacks can appear, such as ambiguity, perceived unfairness, muddled accountability and family politics. The task is to bring in senior leaders who align with the culture and to ensure they are incentivised to remain and help grow the business. Therefore, a family business must shape recruitment and induction so they reflect its distinctive culture and complexity. Not every senior executive will thrive in a family setting, and cultural alignment may, in the end, matter as much as formal credentials. This must be weighed against the need to attract high-calibre people and keep them engaged for the long haul. Practical measures available to family firms include supporting new...

ARCHIVED: This Practice Note is archived and not kept up to date. Practical implications of West Tankers In short, the current position arising from the West Tankers saga (so far) is: Any EU Member State court seised of proceedings must rule on its own jurisdiction to determine the dispute. Under Brussels I and Brussels I (recast), courts of another Member State cannot remove that competence from it. An arbitral tribunal has jurisdiction to award damages for breach of an obligation to arbitrate. Where jurisdiction is disputed (as it often is), consider advising clients to obtain a standalone final award addressing jurisdiction at the outset, and then seek to have it recognised and enforced by the court (the application would be made under the procedure set out in CPR 62). This should prevent a conflicting court judgment taking precedence, on the basis of issue estoppel. Thereafter, the parties can proceed to the liability and quantum issues within the arbitration. West Tankers—the...

The general prohibition Under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), no person may undertake regulated activities in the UK unless they are authorised or fall within an exemption. This is referred to as the general prohibition. For guidance on the territorial reach of this restriction, see Practice Note: Territorial scope of the prohibition. Under FSMA 2000, s 31, an authorised person is one who: has been granted permission by the Financial Conduct Authority (FCA) or the Prudential Regulation Authority (PRA) under FSMA 2000, Pt 4A to carry on specified regulated activities; or is a Gibraltar-based person with a Schedule 2A permission to carry on one or more regulated activities. Please note that this latter provision, inserted by section 22(1), (2) of the Financial Services Act 2021, is not yet in force...

[ ON THE LETTERHEAD OF THE PLACING AGENT ] An application has been submitted for the entire issued and to-be-issued ordinary share capital of the Company to be admitted to trading on AIM. It is anticipated that Admission will take effect and dealings in the Ordinary Shares will begin on AIM on [ insert expected date of admission to AIM ]. [ insert name of Placing Agent ] accepts no liability whatsoever for the accuracy of any statements or opinions contained within the Admission Document (as defined below), for which [ insert name of Placing Agent ] bears no responsibility, nor for any omission of material information from the Admission Document. Recipients of this document should note that, in connection with the Placing (as defined below) and Admission, [ insert name of Placing Agent ] is acting solely for the Company and for no one else, and will not be responsible to any person other than the Company for providing the protections afforded to its clients or for advising...

Memorandum prepared by [ Name of Firm ] For the directors of [ insert company name ] (the Company) advising on annual environmental reporting 1 Scope This memorandum outlines the principal environmental disclosures the Company must include within its annual report and accounts. It addresses the UK Listing Rule and Companies Act 2006 ( CA 2006 ) obligations to present climate-related information consistent with the recommendations of the Task Force on Climate-related Financial Disclosures ( TCFD ). It also covers the duty to disclose greenhouse gas ( GHG ) emissions, energy consumption and measures to improve energy efficiency under the Streamlined Energy and Carbon Reporting ( SECR ) framework, together with other environmental legislation [ , and relevant principles and provisions from the UK Corporate Governance Code ( UKCG Code ) ] . In addition, it provides practical guidance to assist companies in compiling robust environmental disclosures. As a listed entity, the Company is further subject to continuing disclosure duties under the UK Listing Rules, the Disclosure Guidance...

[ insert name of client ] [ insert address of client ] [ insert date ] Dear [ insert name of client ] Estate of [ ...