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Mandatory order meaning

What does Mandatory order mean?
A mandatory order is a judicial review remedy compelling a public authority, inferior court or tribunal to perform a public duty it has unlawfully failed or refused to perform. England and Wales: It is the modern name, under the Senior Courts Act 1981 and CPR Part 54, for the former prerogative writ of mandamus. Granted by the High Court (Administrative Court within the King’s Bench Division, including the divisional court where appropriate), it may, for example, require a magistrates’ court to rehear a case or determine an application. The remedy is discretionary; it enforces public duties (typically statutory) and will not be granted where an adequate alternative remedy exists. It cannot dictate the substantive outcome, only require that the decision-maker exercises its powers lawfully. Northern Ireland: On an application for judicial review under Order 53, the High Court grants an order of mandamus (often described as a mandatory order) with equivalent effect. Scotland: The Court of Session does not use the label “mandatory order”, but in judicial review may grant orders of specific implement or for performance of a statutory duty achieving the same result. Ireland: The High Court grants an order of mandamus under Order 84 RSC; “mandatory order” is a...
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View the related Checklists about Mandatory order

CHECKLISTS
Business and Property Courts Disclosure Scheme (CPR PD 57AD): Timetable and Checklist: pre-action preservation, Initial/Extended Disclosure, DRD, CMC steps, including Less Complex Claims (England and Wales)

This timetable sets out the key procedural steps for disclosure under the Disclosure Scheme operating in the Business and Property Courts It outlines the required process, spanning document preservation duties, Initial Disclosure, completion of the Disclosure Review Document (DRD), Extended Disclosure, and the actions to be taken at and following the case management conference (CMC). Document preservation obligations Initial Disclosure Disclosure Review Document (DRD) Extended Disclosure Steps at and after the CMC For these purposes, it is assumed the parties are legally represented. Note: this timetable does not cover disclosure under CPR 31. For additional guidance on CPR 31 disclosure, see: Disclosure-overview. The Disclosure Scheme is mandatory for most claims in the Business and Property Courts under CPR PD 57AD (in force from 1 October 2022). To assess whether the Scheme applies to a particular claim, see: Which disclosure rules apply to my claim-flowchart? and the Practice Notes: Disclosure Scheme-definitions, principles and duties; Disclosure Scheme-when and where it...

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CHECKLISTS
Search orders in family proceedings (Anton Piller): criteria, application (Form D11), supervising solicitor, service and execution under FPR 2010 and PD 20A—England and Wales

Search orders Formerly known as Anton Piller orders, search orders are frequently made in conjunction with a freezing order and permit an applicant to attend at the respondent’s premises to search for and safeguard evidence that might otherwise be disposed of, concealed, or destroyed. The order may only be served by a supervising solicitor and is subject to very strict requirements as set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The adoption of Anton Piller relief, now codified within FPR 2010 as search orders, gained prominence in family proceedings through two authorities on disclosure and self‑help (L v L and Tchenguiz v Imerman; Imerman v Imerman). The courts have issued a firm caution against self‑help in preference to pursuing the proper court‑based remedies; see Practice Note: Procedural aspects of disclosure in financial proceedings—Disclosure of documents belonging to the other party. Great care should be exercised when drafting the terms of the order. A standard form search order has been produced—see Precedent: Standard order 3.2—search order—family...

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CHECKLISTS
2014–2016 UK Corporate Governance Code comparison: archived checklist of audit committee competence, external audit tendering and reporting changes reflecting EU audit reforms

ARCHIVED: This archived checklist outlines the ways in which the 2016 iteration of the UK Corporate Governance Code varied from the 2014 UK Corporate Governance Code. It is not updated and is supplied for background purposes only. Checklist—2014 UKCG Code and 2016 UKCG Code compared In April 2016, the Financial Reporting Council issued a fresh edition of the UK Corporate Governance Code (the 2016 UKCG Code) to incorporate changes arising from Regulation (EU) 537/2014 (EU Audit Regulation), Directive 2014/56/EU (Statutory Audit Amending Directive) and the Statutory Audit Services for Large Companies Market Investigation (Mandatory Use of Competitive Tender Processes and Audit Committee Responsibilities) Order 2014 (Statutory Audit Services Order). The 2016 UKCG Code applied to companies with accounting periods starting on or after 17 June 2016. This table sets out how the 2016 UKCG Code diverged from the text issued in 2014 (the 2014 UKCG Code); differences are shown using italics (inserted wording) and square brackets (removals): Provision 2014 UKCG Code 2016 UKCG Code Preface Language specific to...

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NEWS
UK employment law update: tribunal limits, SSP/SMP rises, neonatal leave, ERB progress, Skilled Worker immigration changes, DEI pay gap consultation, key cases and April 2025 changes (20 March 2025)

In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® LexTalk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill (ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is scheduled for 27 March 2025...

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NEWS
CMA draft pricing guidance: delivery charges and the DMCC total price requirement across product listings, baskets and checkouts (UK)

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...

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NEWS
UK financial promotion exemptions: higher HNWI thresholds, revised sophisticated investor criteria and mandatory disclosures from 31 January 2024—compliance guidance and FCA interaction

Although the government chose not to advance a proposal to give firms a heavier burden of responsibility, the reforms still carry real weight for companies and investors. They tighten the eligibility tests and enhance both investor declarations and compulsory information standards. Businesses must be compliant by the go-live date. Those seeking capital under the financial promotion exemptions will have to include additional disclosures in their investor communications. This is intended to help prospective investors perform basic due diligence on the person’s investment marketing, and to support the Financial Conduct Authority (FCA) in examining possible non-compliance with the exemptions. HM Treasury consulted two years ago on revisions to the financial promotion exemptions in the Financial Promotion Order for high net worth individuals and sophisticated investors. In its November 2023 consultation response, the government set out the final changes, which take effect from 31 January 2024. Below, we look at what companies should note to remain compliant with the updated conditions in the revised exemptions and offer a few practical pointers for...

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PRACTICE NOTES
Romania FDI screening: sectors, €2m threshold, EU/non‑EU investors, €10,000 fee, standstill and penalties, media transparency, and merger control interaction (latest amendments and 2025 RCC Guidelines)

1. What is the applicable legislation? The rules governing foreign direct investment are set out in: Competition Law No. 21 of 10 April 1996, as later amended and republished, most recently by Government Emergency Ordinance (GEO) No. 17/2026 of 13 March 2026 (Competition Law 1996) Regulation on economic concentrations adopted by Order No. 432/2017 of the President of the Romanian Competition Council (RCC) Supreme Council for State Defence (CSAT) Decision No. 73/2012 concerning the application of article 46 paragraph (9) of the Competition Law 1996 GEO No. 46/2022 implementing Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (FDI GEO 2022), published on 18 April 2022 and approved by Law No. 164 of 31 May 2023, further amended by GEO No. 108 of 29 November 2023, Law No. 231/2024 of 17 July 2024, GEO No. 152/2024 of 18 December 2024, and GEO No. 17/2026...

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PRACTICE NOTES
Possession of introductory tenancies in England: notice, review, time limits, public law, Article 8 and Equality Act defences, and effects of proceedings

A landlord may bring an introductory tenancy to an end only by securing and enforcing a court order for possession. Possession is mandatory, so the landlord need not prove any ground. Even so, no order will be granted unless the notice requirements for introductory tenancies have been met. Notice of Proceedings for Possession The landlord must give the tenant a Notice of Proceedings for Possession which sets out: its intention to apply to the court for a possession order the reasons it seeks possession the earliest date on which proceedings may start confirmation of the tenant’s right to have the decision reviewed the deadline for requesting a review that the tenant may obtain advice from a Citizens' Advice Bureau, a housing aid centre, a law centre, or a solicitor No particular form is prescribed for a Housing Act 1996, section 128 notice. The information required by HA 1996, s 128(7) need not appear on a single page...

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PRACTICE NOTES
Isle of Man merger control under the Competition Act 2021: scope, decisive influence test, joint ventures, notification thresholds pending, mandatory suspensory filing, review timelines, penalties, and sectoral approvals

Note—to check whether notification thresholds in the Isle of Man and worldwide are satisfied, consult: Where to Notify. 1. Have there been recent developments regarding the regime? What are the main points of interest and are any further updates/developments expected? Are there any other ‘hot’ merger control issues in the Isle of Man? The Competition Act 2021 (Act 2021) established, for the first time, a merger control framework within Isle of Man law. Although the Act 2021 is now in force, drafts of several significant items of secondary legislation under it—covering matters such as the notification thresholds—were rejected by the local legislature in January 2025; accordingly, the thresholds for notification remain unknown. Under the Transfer of Competition Functions (OFT to CURA) Order 2025, responsibility for enforcing the Act 2021—including merger control—shifted in the spring of 2025 from the Office of Fair Trading to the Communications and Utilities Regulatory Authority (CURA). The precise criteria for notification have therefore not yet been confirmed. This transfer includes merger control...

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PRECEDENTS
Client Letter Template: Interim Injunction Applications in England and Wales — Legal Test, Procedure, Evidence, Full and Frank Disclosure, Costs and Cross‑Undertaking

[ Date ] [ Client's name and address ] Dear [ insert client name ] Re: Injunctive relief I write to advise you regarding your intended application for an interim injunction against [ name of party ], sought in order to [ insert reason for and type of injunctive relief being sought ]. An injunction is a court order that compels a party to carry out a particular act (a mandatory injunction) or prevents a party from undertaking a particular act (a prohibitory injunction), either compelling performance or restraining conduct. The purpose of an interim injunction is to preserve the existing position and/or reduce potential unfairness ahead of a claim or issue being resolved. When deciding whether to grant such relief, the court will consider whether, among other matters: there is a serious issue to be tried; damages would probably be an adequate remedy for any loss that might be suffered if the injunction were refused; granting relief...

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Q&As
RPs, DPA outside Homes England grant: LA waiver 80%+ staircasing?

Under the Capital Funding Guide issued by Homes England, where a development lies within a designated protected area (DPA) and benefits from grant, the registered provider (RP) granting a shared ownership lease must include one of two provisions: limit staircasing to a maximum of 80%; or if staircasing beyond 80% is permitted, require the leaseholder to sell their share back to the landlord (or a nominee that is also an RP) at market value when they wish to sell. In certain cases, a local authority can seek a waiver of these conditions from Homes England where the supply of shared ownership homes is no longer constrained. Notwithstanding guidance suggesting one of the above clauses is mandatory for every shared ownership lease in a DPA, our understanding is that the applicable regulations do not impose this where the site has not received grant. For more detail, see: Practice Note: Entitlements under shared ownership leases Housing (Shared Ownership Leases)...

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