Alternative record-keeping meaning

This Checklist Read this Checklist alongside the other Practice Notes mentioned below. Specifically, for voluntary interviews held under caution, consult Practice Note: Voluntary attendance at an interview under caution. A defence solicitor present at an interview under caution must be conversant with the Police and Criminal Evidence Act 1984 (PACE 1984) and associated PACE Codes of Practice. This Checklist relates to attendance at the police station in the context of general criminal investigations. Distinct rules and processes apply to certain alternative matters, including interviews carried out by the Financial Conduct Authority (FCA), Serious Fraud Office (SFO) or National Crime Agency (NCA)...

This checklist outlines practical matters to bear in mind when managing an application for alternative service where service must occur outside England and Wales. Checklist Consideration References If you seek alternative service because permitted routes, including the Hague Convention, are likely to be lengthy and drawn out, the application ought to be buttressed by the following: a formal confirmation from the Foreign Process Office describing and confirming the likely time delays for effecting service in the relevant country; detailed evidence, preferably from a locally-qualified lawyer, showing how long service ordinarily takes via standard channels, with reference to specific experience or examples where relevant; if significant delay in that jurisdiction is notorious, exhibit independent corroborative evidence to support that position. Practice Note: Alternative service—making an application—Evidence in support The courts will consider any material indicating that a defendant is attempting to evade or impede service. A claimant should carefully record and preserve such behaviour, as doing so will strengthen the...

Joseph Iosefa v Polar Air Cargo Worldwide, Inc; Polar Air Cargo Worldwide, Inc v Dnata Airport Services Pty Ltd [2025] NSWSC 1500 What are the practical implications of the case? The ruling offers significant direction on how to read and apply multi-tier dispute resolution provisions that map out sequential or alternative pathways to settle controversies, notably negotiation, arbitration, and court proceedings. It underscores the necessity for precise drafting, requiring parties to unmistakably record an intention that disputes are to be resolved only by arbitration if that is what they want. Where exclusivity is intended, the clause must say so in clear terms and avoid wording that permits litigation to re-emerge simply because the parties cannot agree procedural details of the arbitration. In this matter, the clause was not treated as a binding agreement to arbitrate, as the parties had contemplated resolving the dispute through litigation if the arbitral process broke down. The judgment is also instructive on the court’s methodology when construing arbitration agreements. The court read the...

Original news JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd [2017] EWCA Civ 267, [2017] All ER (D) 62 (Apr) The Court of Appeal (Civil Division) upheld the property owner’s challenge to a High Court ruling that had declined to take off the court record a copy of a notice of intention (NoI) to appoint an administrator. The court examined the effect of paragraphs 44(4) and 28(2) of Schedule B1 to the Insolvency Act 1986. What, then, should practitioners draw from this? The ruling makes clear that lodging an NoI where there is nobody to serve, or where there is no firm decision to proceed to an appointment, purely to obtain the moratorium, can no longer be relied upon. Merely contemplating an administration if other avenues fall away does not suffice. Consequently, businesses seeking refinancing or putting forward company voluntary arrangements (CVA) are not entitled to file an NoI simply to secure a moratorium while alternative rescue measures are pursued. Any NoI filed on that basis...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Equality and human rights Judicial review Information law Public procurement Subsidy control and State aid Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights Cabinet Office publishes evaluation of Common Frameworks The Cabinet Office has released a review of the Common Frameworks, assessing how the UK Government and the devolved administrations collaborate after Brexit. Drawing on proforma data across 28 frameworks and six case studies, the review concluded that, although the frameworks support effective intergovernmental collaboration, there is scope to enhance cross-framework alignment, stakeholder participation and central guidance. It also observed that many processes within the frameworks remain untried, with limited examples of formal dispute resolution or managing divergence, and recommends continued evaluation as the frameworks mature. See: LNB News 18/07/2025...

UK battery strategy In December 2023, the UK government set out its battery strategy, created by and delivered through the UK Battery Strategy Taskforce. Its core pillars are: Design Build Sustain The principal aim to 2030 is to establish a robust UK battery supply chain. Regulation is expected to evolve to incorporate extended producer responsibility (EPR) obligations, shifting the full cost of managing household waste to producers, in line with the ‘polluter pays principle’. Under EPR, producers are anticipated to: Achieve updated recycling targets Provide clear recyclability labelling Commitments by the UK government and the devolved administrations to implement EPR appeared in the 2018 Resource and Waste Strategy for England and the Welsh Government’s Beyond Recycling. Alongside outlining Defra’s future commitments and actions, the strategy set a long-term policy trajectory, reflected in the Environment Improvement Plan 2023 for England. For further detail, see Practice Note: Waste management plan and policies—England. Part 3 of the...

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...

A person wishing to set up a new company has the following options: Incorporate a new company in line with the Companies Act 2006 (CA 2006), configuring it on incorporation to satisfy its particular requirements (a tailor-made company); or Acquire a ready-made, ‘off-the-shelf’ company (ie a company already incorporated that has never traded, a ‘shelf company’) from a company formation agent and then adapt it to meet those requirements. The actions involved in buying and customising a shelf company are set out below. For information on forming a tailor-made company, refer to Practice Note: Incorporating a company...

1 Background information Introducer/fee sharer's name [ Insert name ] Financial and alternative terms of the arrangement [ Insert financial and/or other terms ] Person accountable for managing the relationship with this introducer/fee sharer [ Insert name ] Individual carrying out this due diligence review [ Insert name ] Date the due diligence review was completed [ Insert date ] 2 Compliance issues Is a written agreement necessary?...

This Precedent (also known as a decision matrix) It serves as a way to appraise the alternative choices you have surfaced against a benchmark, for example the system or process you rely on at present. This tool proves helpful when confronted with possibilities, which may include keeping the status quo, and you require guidance to determine which is the most suitable. The scorecard allows you to rate each option against key criteria to decide whether a single route is viable, or to review a range of options that are not quite right, identify the strongest elements of each, and combine them to create a hybrid option...

A: General information Interview date Applicant’s name Role being sought Panel members Stage of selection Initial interview Follow-up interview Alternative (please specify) Was the interview virtual or face to face? B: Preliminary questions [ Provide an overview of your career so far OR Walk me through your CV ] (Allow the candidate to speak—do not prompt) Outline your ideal role What motivated you to apply for this role? What progression are you seeking from this position? ...