Legal exception meaning

This checklist guides you to take appropriate measures to spot, monitor and handle risks linked to conflicts of interest, and to comply with the SRA’s requirements. It mirrors the SRA Standards and Regulations. Requirement Compulsory or recommended Comments (if any) ☐ Implement a robust system to recognise and assess conflicts of interest, ensuring you do not act where a conflict exists unless an exception applies. See: -Practice Note: Conflicts of interest-systems and controls -Precedent: Conflicts, confidentiality and disclosure policy-law firms Compulsory - SRA Code for Firms, paras 2.1, 2.5, 6.1 and 6.2 (Insert any comments you may wish to make regarding your firm’s arrangements) ☐ Create a register of interests held by partners and staff, which you can consult to identify own‑interest conflicts. See Precedent: Register of interests to identify own interest conflicts. Recommended - This will help you identify conflicts and demonstrate compliance with the SRA Code for Firms, paras 2.1 and 2.5 (Insert any comments you may wish to make regarding your firm’s...

This Checklist This Checklist sets out the questions to address when you are looking to enforce a third party’s rights under a contract. The common law doctrine of privity of contract states that, as a general principle, an agreement cannot grant rights or impose duties created by its terms on anyone other than its parties, with the result that a person who is not a party ordinarily has no standing to enforce it. There are, however, situations in which a contract appears to bestow a benefit on a third party (or on several third parties), and those beneficiaries may wish to seek enforcement of that advantage. In such circumstances, attention should be given to the recognised exceptions to the privity rule-see Practice Note: Third party rights-the common law doctrine of privity of contract. One prominent exception is the ability to enforce third party rights by relying on the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999). This Checklist identifies the questions to ask when considering whether to rely...

What is form MR01 (Particulars of a charge) and when do you use one? A charge granted by a company registered in the UK must be filed at Companies House unless an exception in section 859A(6) of the Companies Act 2006 (CA 2006) applies (see: Which company charges are registrable at Companies House?). Missing the filing window can have serious consequences, so it is essential to complete registration within the required period. Form MR01 (Particulars of a charge) is the Companies House document used to record a company charge where the charge is: created, or evidenced, by an instrument dated on or after 6 April 2013 made by a UK-registered company If a company charge is not created or evidenced by an instrument, you should instead use form MR08 (Particulars of a charge where there is no instrument) to register it at Companies House. For details of other Companies House forms for registering company charges, see: ...

Practice Note: Protective costs orders (PCOs) in environmental matters This flowchart sets out the situations relevant to protective costs orders (PCOs) in environmental law cases. For information, refer to Practice Note: Protective costs orders (PCOs) in environmental matters...

Abbot v The Information Commissioner [2024] UKFTT 478 (GRC) What are the practical implications of this case? This ruling mirrors the approach in other recent decisions on the operation of the exception to disclosure under EIR 2004, SI 2004/3391, reg 12(5)(b), again stressing the considerable weight that legal professional privilege carries within our justice system. It therefore highlights the obstacles applicants will encounter when attempting to access documents protected by legal professional privilege, and that only ‘special or unusual’ circumstances are likely to be sufficient for the public interest in disclosure to prevail over the interest in preserving legal professional privilege. That said, legal professional privilege was not the Tribunal’s only concern when concluding that EIR 2004, SI 2004/3391, reg 12(5)(b) applied. The Tribunal indicated that the exception would have been engaged even without legal professional privilege, particularly because releasing the material would not have added anything of substance to what is already in the public domain. As such, the analysis turned on whether disclosure would materially add...

Overriding principles The DMCC’s core requirement is that a product’s “total price” must be shown prominently in every invitation to purchase (ITP). (For what constitutes an ITP, see here.) The total price covers all amounts the consumer will inevitably pay, which therefore includes any compulsory delivery charges. There is a limited DMCC exception. Where, owing to the nature of the product, a compulsory delivery charge cannot reasonably be worked out in advance, every ITP must explain how that charge will be calculated. This explanation must appear with the same prominence as the total price and must enable the consumer to determine the overall cost. Typically, equal prominence means placing this information beside or immediately below the total price. Before relying on this carve‑out, traders should be satisfied that the compulsory delivery charge genuinely cannot be calculated beforehand. The CMA has indicated that the exception will be applied narrowly...

In this issue: UK mergers UK antitrust UK subsidy control UK competition policy EU antitrust EU mergers EU State aid EU market studies New and updated content Daily and weekly news alerts Caselex UK mergers Government consults on further changes to the draft Enterprise Act 2002 (Mergers Involving Newspaper Enterprises and Foreign Powers) (No 2) Regulations The Department for Culture, Media and Sport (DCMS) has published a consultation on proposed further amendments to the Enterprise Act 2002 (Mergers Involving Newspaper Enterprises and Foreign Powers) Regulations 2025 (the Regulations). Through changes to the Enterprise Act 2002, the Digital Markets, Competition and Consumers Act 2024 introduced a foreign state intervention (FSI) regime for newspapers and periodic news magazines, preventing foreign state ownership, control, or influence over these publications. The Regulations carry forward the government’s decision to provide narrow exemptions to the FSI framework. Under the proposals, defined state-owned investors (SOIs) could hold up to...

This Practice Note examines the statutory bars to extradition from the UK contained in section 11 of the Extradition Act 2003 (EA 2003). There are numerous specific grounds that an individual may rely upon to resist extradition under EA 2003. Some of these grounds apply across both categories of request, while others are confined to EA 2003, Pt 1 or EA 2003, Pt 2 requests only. For an overview of the statutory scheme under EA 2003, see Practice Note: Extradition and the statutory framework—an introduction to extradition. For further guidance on the procedure applicable to EA 2003, Pt 1 and EA 2003, Pt 2, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure. Statutory bars At the extradition hearing, the district judge will assess whether the request relates to an extradition offence and whether any of the statutory bars to extradition apply. The statutory grounds for opposing extradition are then considered in turn...

This Practice Note outlines the options open to landowners faced with unlawful occupation by a trespasser or squatter, the issues that can follow from trespass, and the potential measures the owner may pursue, including physical repossession. It considers the Criminal Law Act 1977 (CLA 1977) and the exception for displaced residential occupiers, the use of police powers to arrest where suitable, the effect of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) in criminalising residential squatting, injunctions and interim injunctions, and damages, including the negotiating damages approach, mesne profits, exemplary and aggravated damages, anticipated damages, and res judicata defences. The ways a landowner can recover possession from a trespasser include: physical repossession arrest of the trespasser by the police for a criminal offence injunction possession claim (including a claim for an interim possession order) Beyond the remedies available to recover possession, a landowner may also claim damages for the trespass. Such claims may involve negotiating damages,...

Allocation of jurisdiction within the UK under the CJJA 1982 This Practice Note explores how jurisdiction is apportioned across the UK under the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). It examines the scope of that regime and the conditions that must be satisfied for it to apply, and considers its interaction with Regulation 1215/2012, Brussels I (recast) (the Regulation). It sets out the primary rule together with the departures from it, and, lastly, addresses forum non conveniens in this setting. The CJJA’s intra-UK jurisdiction framework is designed to furnish rules allocating jurisdiction inside the UK itself. Distinct rules and factors arise when assessing whether UK courts possess jurisdiction over a claim that contains an international dimension. The UK comprises four countries, yet there are only three legal jurisdictions, and CJJA 1982, s 50, describes each as ‘parts of the UK’. England and Wales Scotland Northern Ireland Practitioners in England engaged in cross-border disputes must be cognisant of a range...

Employee name: Employment commencement date and present length of service [ Insert date ] [ Insert length of service ] Job role: Division/Department Assessed by: Assessment date: Role: Approved by: Date: Role: Guidance: When using the criteria (other than disciplinary history), reasonable adjustments might be required for workers with a disability (as set out in the Equality Act 2010, s 6) where not doing so would put them at a significant disadvantage compared with non-disabled colleagues. This exception does not extend to disciplinary records. Service refers to continuous employment with the company and any linked company. Service includes transferred service within associated companies. If the worker has under 12 months’ service, convert the absence record to an annualised figure. Annualisation ensures a balanced and like-for-like assessment. Disregard the following absences: These must be excluded from absence calculations. absences linked to a disability (as defined by Equality Act 2010, s 6); maternity...

Heads of terms—private M&A—share purchase—cross-border Strictly private and confidential To: [ Insert seller name ] [ Insert potential seller address ] (the Seller) FAO: [ insert name of relevant contact at the seller ] Date: [ insert date ] Subject to contract Dear [ insert name of relevant contact at the potential seller ], Proposed acquisition of the entire issued share capital of [ insert target company name ] (the Company) from [ insert potential seller name ] (the Seller) 1 Introduction Following our recent conversations, this letter outlines the key terms and conditions on which we, [ insert buyer name ] or another company within our group (the Buyer), intend to purchase all issued shares in the Company (the Sale Shares) from the Seller (the Proposed Acquisition). Each of the Seller and the Buyer is a party and, collectively, they are the parties. The provisions in this letter are not comprehensive and [ , with the exception of paragraphs [ 7.3, ] 8, 9 and...

We conduct our operations with integrity. Together, we each share responsibility for keeping our business free from bribery and corruption. This FAQ, central to that mission, explains how we can reach our commercial objectives in a way that aligns fully with our determination to prevent bribery and corruption. It serves as a practical guide so we work collectively to keep our activities untainted. What is a facilitation payment? A facilitation (or grease) payment is an unofficial sum given to secure or accelerate the performance of routine, non-discretionary government actions. These are nominal amounts commonly paid to lower-level public or government employees to help speed up a legitimate, permitted process that might otherwise take much longer to complete...

A rentcharge is an amount due from a landowner to a third party lacking any proprietary stake or right in that land, and so it clearly differs from ground rent, which a leaseholder pays to the freeholder. Developers frequently used rentcharges to facilitate development and building on land without paying the landowner a premium for it, with the owner receiving an ongoing income from the land instead. The Rentcharges Act 1977 (RcA 1977) banned the creation of any new rentcharges, save for narrow exceptions, and mandated that most existing rentcharges would end by the year 2037 (RcA 1977, s 3). An estate rentcharge remains one such preserved exception...

Duty to participate in education and training until age 18 in England Sections 1 and 2 of the Education and Skills Act 2008 (ESA 2008) impose a duty on individuals in England to take part in education or training where they: are beyond compulsory school age have not yet turned 18, and have not achieved a ‘level three qualification’ (two A-levels, or other broadly comparable qualifications) Accordingly, anyone whose highest attainment is at level 2 must remain in education or training until they reach 18. This duty can be satisfied by the person choosing to: be in suitable full-time education or training participate in training under a contract of apprenticeship or an apprenticeship agreement, or be in full-time employment and undertake sufficient relevant education or training during each relevant period (as defined) Note that ESA 2008, ss 19–39, which would place specific obligations on employers of employees to whom the participation duty...