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How are section 278 and section 38 agreements revealed? Check the outcome of the local search and the seller’s replies to enquiries. A section 278 agreement will only be registrable as local land charges if: it has been entered into pursuant to an obligation in a s 106 agreement; or the highway authority (HA) has declared that there has been a financial default under the agreement. Section 278 agreements Section 278 agreements are used where a developer requires off-site work (other than simple access) to be carried out to a highway. The HA may design and construct the highway works at the developer’s expense. Alternatively, the agreement can appoint the developer as the HA’s agent to undertake the works, in which case a bond must support the agreement. If the developer carries out the works, a certificate of practical completion is issued once the HA engineer is satisfied that the works are complete. Following successful completion of a 12-month maintenance period,...
Stage 1—preparing to bring a claim and pre-action matters Guidance on UK trade mark infringement, offences, passing off, interim injunctions, running IP disputes, privilege, dispute resolution (mediation and arbitration), and the Disclosure Scheme; plus checklists and forms (injunction, application, hearing) Stage 2—Letter before action alleging infringement Notes on infringement, passing off, unjustified threats and drafting; includes a trade mark letter of claim precedent Stage 3—commencing proceedings Procedure, defences and exceptions, IPEC flowchart, pleadings and initial disclosure precedents, and CPR/Part 36 forms Stage 4—case management Procedure and Disclosure Scheme notes, court guides (Chancery, Patents Court, IPEC and Small Claims), and case management questionnaires, Disclosure Review Document, Certificate of Compliance, budgets and directions Stage 5—disclosure and evidence Surveys and witness evidence (PD 57AC), privilege, disclosure (including electronic) and flexible trials; witness statement and Extended Disclosure precedents; affidavits, applications and certificates Stage 6—trial...
In this issue Equality and human rights Constitutional and administrative law Judicial review Public procurement Subsidy control and State aid Post-Brexit transition guidance Information law Other Public Law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information No Weekly Highlights on 24 April 2025 Equality and human rights Supreme Court rules that the EqA 2010 terms ‘man’, ‘woman’ and ‘sex’ denote biological sex (For Women Scotland Ltd v The Scottish Ministers). In For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16, the UK Supreme Court unanimously concluded that these terms identify biological sex rather than ‘certificated sex’. The court determined that those holding a Gender Recognition Certificate (GRC) are not included within the EqA 2010 definition of their acquired gender. The ruling confirms that trans people remain safeguarded by the Act’s gender reassignment provisions and may pursue sex discrimination claims where...
In this issue: Practice Compliance forecast Financial sanctions Data protection Other Practice Compliance updates this week Daily and weekly news alerts New and updated content No Weekly Highlights on 24 April 2025 Practice Compliance forecast New Practice Compliance forecast as at 15 April 2025 The latest Practice Compliance forecast (as at 15 April 2025) is now available. This edition covers matters such as the Serious Fraud Office’s new business plan, the forthcoming Solicitors Regulation Authority (SRA) diversity data submission, and live consultations, including the Law Society’s proposal on practising certificate fees. See News Analysis: New Practice Compliance forecast as at 15 April 2025. Financial sanctions OFSI releases Property sector threat assessment report on financial sanctions The Office of Financial Sanctions Implementation (OFSI) has issued its Property and Related Services Threat Assessment Report. This forms part of OFSI’s sector‑specific series examining risks and vulnerabilities in UK financial sanctions compliance, delivered under its commitments...
Lefort v HMRC [2024] UKFTT 926 (TC) The taxpayer, an airline pilot employed by Virgin Airlines, held a self‑invested pension plan (SIPP) to which both he and Virgin contributed. He left the business in February 2014, making a final payment into the plan and obtaining a Fixed Protection 2014 certificate at that time. Virgin’s own final contribution was not made until May 2014, falling after the cut‑off prescribed by the fixed protection regulations. As a consequence, HMRC exercised their power to revoke the certificate, and the taxpayer appealed against that decision...
This Practice Note explains the approach to online applications for divorce and dissolution made on or after 1 June 2024, under FPR 2010, PD 41G, Proceedings by electronic means: certain proceedings for a matrimonial order or civil partnership order (new law). It further summarises guidance published by HM Courts and Tribunals Service (HMCTS) concerning online divorce and dissolution applications. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) commenced on 6 April 2022. Divorce or dissolution cases issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by procedural amendments to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For more detail on these reforms, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Matters issued by the court on or before 5 April 2022 will continue in line with the pre-DDSA 2020 framework, whether lodged using the HMCTS online system (the online system) or by paper forms. Such applications are not affected by the commencement of DDSA 2020, nor...
Lexcel is the Law Society’s benchmark for practice management. Accreditation is optional, yet Lexcel status can assist firms seeking recognition under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note explains every step of the post-assessment pathway. Processing final report Soon after your assessment (typically two to three days), the assessor will send you the final report by email. It will set out any minor and/or major non-compliances, highlight areas for improvement, and note examples of good practice. A duplicate of the report will be forwarded to the Law Society panel...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Facilities management Facilities management contracting is, at its core, a commercial services contract arrangement, covering ‘Hard FM’ (relating to the upkeep and fabric of a building, for example mechanical and electrical systems), ‘Soft FM’ (relating to in-building support functions such as cleaning, security and helpdesk services) or ‘Total FM’ (which can combine a number of hard and soft facilities management services), as required within buildings. See subtopic: Facilities management for construction lawyers. Fédération Internationale des Ingénieurs-Conseils (FIDIC) The International Federation of Consulting Engineers. FIDIC issues a suite of standard-form contracts for deployment on international construction projects. In common usage, ‘FIDIC’ typically refers to that family of contracts rather than the institution itself. See subtopics: FIDIC contracts 2017 onwards and FIDIC contracts pre-2017 editions in practice by practitioners. Feed-in tariff The Feed-in tariff (FIT) scheme—also sometimes known as the...
Dear [ insert client’s name ] Conditional order I confirm receipt of the certificate of entitlement to a conditional order and enclose a copy for your records. As indicated, the court has scheduled [ insert date ] at [ insert time ] for the pronouncement of the conditional order in your case. A conditional order signifies that the court has accepted you are entitled to a [ divorce OR dissolution ], although it has not yet been made final. Such orders are pronounced in open court, meaning the judge reads out a list of the names of those whose applications have reached the conditional order stage...
[ enter name of telephone company ][ enter address of telephone company ] Dear [ enter organisation name ] The late [ enter name of deceased ] Account number[s]: [ enter account number(s) ]Address: [ enter deceased’s address ] We act for the personal representatives of the late [ enter name of deceased ] [ also known as [ enter other name(s) by which the deceased was known ] ], who passed away on [ enter date of death ]. Enclosed is an office copy of the death certificate for your inspection and return. Telephone [ and broadband ] services were supplied to the deceased at the above address under the account referenced above. [ Kindly arrange disconnection of the telephone [ and broadband services ] at the property and issue a final bill to this firm. The account will be settled once the personal representatives are in receipt of estate funds. ] [ Please do not disconnect the telephone [ or broadband...
A: Pre-assessment Complete the self-assessment (Law Society’s website). Appoint a logistics lead and an accountable person/committee. Identify required Lexcel policies/procedures, allocate owners, brief them, and set deadlines with reminders. Choose an assessment body (Centre for Assessment Ltd, Inspiring Business Performance Ltd (IBP), or Recognising Excellence), apply and obtain an assessor. Agree the date, draft and finalise an all staff list, secure Law Society approval, notify staff (dates, interviews, process, holiday cut‑offs), book meeting room(s); update the assessor. Receive the assessment plan (interviewees, timetable, extra documents), amend schedules, brief fee earners/support staff, run open matter reports, gather further items requested, and email all required documents. B: Assessment day Receive the client file request; collate files and supporting materials, provide IT access, host the assessor, manage the timetable, and note feedback. C: Post-assessment Receive the final report within one to two weeks; log key points and an action plan; diary rectification deadlines (21 days minor,...
Retention Retention describes the portion of interim payments the employer withholds as security for the contractor’s future performance of its duties and to encourage the contractor to discharge those duties in full and properly. For further details, consult the Practice Note: Retention of payment in construction contracts. When retention is to be released to the contractor depends on the particular contract terms for the project. Typically, half of the retained sum is paid out at practical completion, with the balance thereafter following completion of any remedial works for defects reported within the defects liability period. Consequently, if these milestones are reached before the final certificate is issued, the contractor may have a right to seek payment of some or all of the retention...