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STOP PRESS: The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel and His Honour Judge Hess with the approval of the President of the Family Division, now replaces and supersedes: Statement on efficient conduct for High Court judge cases (1 February 2016) Statement on efficient conduct for hearings below High Court judge level (11 January 2022) FRC Primary Principles (11 January 2022) FRC notice: electronic bundles (19 April 2022) Allocation of cases to High Court judge level (21 May 2024) This document is being updated to reflect these changes. See News Analysis: Financial Remedies Guide consolidates existing guidance and efficiency statements. The flowchart charts the standard-procedure route to a final hearing after a financial remedy application. It covers FDR directions, open proposals and bundles; Form H1 costs, disclosure, section 25 Matrimonial Causes Act 1973 factors, available orders, and the below High Court judge level efficiency statement. Further resources: Financial provision—practice and procedure—overview;...
ARCHIVED This Checklist is archived and no longer maintained or updated at present. For insight and information into how IP completion day affects consumer protection and developments in this area, consult the Practice Note titled What does IP completion day mean for consumer protection? This Checklist outlines key points for businesses to consider regarding Brexit and its implications for consumer protection, should the ‘no deal’ consumer regulations take effect following the implementation period, although much of its content will remain pertinent to businesses regardless of the eventual position taken. Use it alongside the companion Practice Note: Brexit—consumer protection [Archived], which examines in detail Brexit’s effect on consumer protection, particularly within the framework of regulating business-to-consumer (B2C) contractual relationships and trading practices, as well as enforcement and consumer remedies. It addresses the principal issues, the steps taken by the government in the run-up to exit day and afterwards (including discussion of the ‘no deal’ consumer regulations mentioned below), the implications for UK consumers and for businesses, and other key developments...
On 17 April 2024, JCT released the 2024 versions of its Design and Build (DB) Contract and the Design and Build Sub-Contract (DBSub), together with the accompanying guides. The JCT Design and Build forms are aimed at projects where the contractor is responsible for completing the design as well as delivering the works. The JCT DB Sub-Contracts are intended for use where the main agreement is the JCT DB, and may apply either when the sub-contract package is fully designed or when the sub-contractor must design part or all of the works. In this piece, we explore some of the principal updates in the 2024 JCT DB documents compared with the 2016 suite, concentrating on JCT DB 2024 (ie the main contract). Reference copies of JCT DB 2024 and JCT DBSub 2024, and their companion guides, can be found on Lexis+ Construction under the sub-topic ‘JCT contracts 2024’ within the main topic ‘Standard form construction contracts’. They are also available via Practice Note: JCT contracts 2024—reference copies. What are...
In this issue: JCT contracts Building Safety Litigation Planning Infrastructure projects Construction industry news Daily and weekly news alerts Construction trackers JCT contracts JCT announces conclusion of latest new edition and forthcoming publication of TCC The Joint Contracts Tribunal (JCT) has introduced the JCT Target Cost Contract as the closing addition to the JCT 2024 Edition. The suite will comprise a main contract, a sub-contract and their companion guides, with publication set for 25 June 2025. See: LNB News 16/06/2025 17. Building Safety MHCLG publishes guidance on the terms of reference for the Building Control Independent Panel After confirming the membership of the Building Control Independent Panel, MHCLG has released the Terms of Reference, outlining the scope and remit for delivering the review. See: LNB News 16/06/2025 15. HSE updates guidance on registered building inspectors The Health and Safety Executive (HSE) has revised its guidance for registered building inspectors, adding...
The Principles on Choice of Law in International Commercial Contracts (HCCH Principles) The Official Commentary to the Principles on Choice of Law in International Commercial Contracts, Hague Conference on International Private Law, The Hague 2015, serves as companion guidance to be consulted alongside the instrument’s full text. It is supporting material to be read in conjunction with the instrument’s complete text. What are the HCCH Principles on Choice of Law in International Commercial Contracts? Every contemporary legal order maintains domestic private international law rules, which frequently vary from State to State. Divergent decisions and differing readings of private international law provisions (including those governing choice of law) generate significant uncertainty for international trade and commerce. For years, the challenge of preventing inconsistent judicial outcomes has stood at the forefront of concern for international lawyers. That concern has driven, among others, international organisations such as the Hague Conference on Private International Law (HCCH) to pursue the unification of private international law. With 91 members (90 States and the European Union,...
This Practice Note This Practice Note distils rulings on when restraint of trade provisions (restrictive covenants) in commercial and corporate agreements are enforceable. For fuller detail on restrictive covenants and the restraint of trade doctrine in commercial arrangements, also see Practice Note: Restrictive covenants and restraint of trade in commercial contracts. For a companion Practice Note outlining decisions on the enforceability of post-termination restraints (restrictive covenants) in employment contracts, see Practice Note: Decisions on post-termination restrictions and garden leave in employment contracts. This Practice Note also references certain key judgments reached under EU competition law. From 1 January 2021, EU competition law no longer applies directly in the UK. Where an agreement impacts trade within the UK, Chapter I of the Competition Act 1998 (CA 1998) will govern. The Chapter I prohibition bans anti-competitive agreements and is modelled on Article 101 of the Treaty on the Functioning of the European Union (TFEU). EU case-law is still likely to remain relevant, but from 1 January 2024 the Retained EU Law...
JCT CE Launched in March 2007, the (JCT CE) stemmed directly from JCT’s prior partnership with ‘Be’ (a merger of Reading Construction Forum and the Design & Build Forum) that produced its inaugural partnering form, the Be Collaborative Agreement. Sustaining that alliance, and acknowledging the continuing need for agreements embodying the partnering ethos and practice, led to the creation of the together with the companion JCT Constructing Excellence Project Team Agreement (JCT CE/P). The most recent editions of JCT CE and JCT CE/P were released in October 2024 within the JCT 2024 suite of contracts, so they are commonly referred to as 2024 and JCT Constructing Excellence Project Team Agreement 2024 respectively. For an overview of the amendments made in the 2024 versions compared with the earlier 2016 editions, see News Analysis: The 2024—what’s changed? JCT CE adopts a partnering approach and is therefore principally targeted at public sector clients and local authorities in particular, though it is also suitable for private sector use where parties...
THIS PRACTICE NOTE RELATES TO REGISTERED PENSION SCHEMES On A-day (6 April 2006), primary protection was among the first two safeguards offered to pension savers when the registered pension scheme regime and the lifetime allowance concept came into force under the Finance Act 2004; the companion protection was enhanced protection. Unlike enhanced protection, primary protection was only available if, on 5 April 2006, the individual’s total registered pension scheme rights—whether crystallised or uncrystallised—exceeded £1.5m. Its purpose was to provide transitional cover for those who had already accumulated pension savings before A-day that could otherwise have been negatively impacted by the new lifetime allowance, which was initially set at £1.5m. Although the lifetime allowance was abolished from 6 April 2024, primary protection still delivers limited transitional safeguards for an individual’s entitlements to: the lump sum allowance; the lump sum and death benefit allowance; and a tax-free lump sum. For more detail, see The benefits of primary protection, below. This Practice Note focuses...
[ Insert name and address of client ] Dear [ name ] Disciplinary investigation and hearing—employee misconduct I am writing to outline my guidance on the correct steps for addressing allegations of misconduct against [ insert name of employee ], including the approach to the fact-finding process and any later disciplinary hearing. The principal exposures for an employer in a situation are claims for unfair dismissal if the employee is dismissed, wrongful dismissal if they are dismissed without notice for gross misconduct, and constructive dismissal or unlawful discrimination claims even where the employee is not dismissed. Careful management of disciplinary matters can lower the likelihood of any such claims being brought at all, and also reduce the chance of them succeeding if they are pursued. It is essential to maintain a thorough written record of each stage of the procedure as it progresses, since a complete paper trail can be highly valuable in defending employment tribunal claims; I address this point at the close of this letter...
Note: this letter is prepared in broad terms, with no single scenario in view. You will need to adapt the letter when advising on a named employee and their particular facts. Where an employer operates its own grievance procedure, you should cross-reference that process throughout the letter, aligning your advice with each stage of the procedure and with any timeframe specified within it. If the grievance concerns discrimination or bullying/harassment, the employer’s procedures covering those issues will also be relevant, and more detailed guidance should be provided on handling the allegation, including possible disciplinary action against any perpetrator. [ Name and address of client ] [ Date ] Dear [ name ] Handling a grievance I am writing to outline my advice on how to deal with a grievance raised by an employee. The principal reason for managing grievances with care is to reduce, so far as possible, the risk of claims for constructive dismissal and unlawful discrimination...
1 Introduction 1.1 This policy explains the Company’s approach to attending antenatal appointments, whether you are the expectant mother or attending as her companion. It aims to be as thorough as possible and includes a summary of the principal statutory rights available to employees and, in some cases, agency workers. It also outlines the actions to take if you are pregnant and need to attend an antenatal appointment, or if you intend to accompany an expectant mother to one. 1.2 This policy applies only to employees and, in certain circumstances, to agency workers. It does not extend to consultants [ , contractors ] [ , volunteers ] [ , interns ] or casual workers. 1.3 [ This policy has been agreed following consultation with [ the trade union OR the staff association OR the employees ] . ] 1.4 This guidance does not constitute part of any employment contract. We may amend its terms at any time, and you will be advised of any amendments or...