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The employee (and their adviser) should consider the following issues: Preparatory steps Gather: a copy of the employee’s most recent employment contract and any other documents setting out contractual terms (these might be found in a staff handbook) a P45 or the latest payslip details of the contractual benefits the employee receives relevant information about the employee’s pension benefits relevant details of any shares or share options held by the employee. Review the Articles of Association, any applicable shareholder agreement and share scheme documents. See also Shares and share options below copies of pertinent open correspondence and without prejudice communications between employer and employee Define the scope of the advice and reflect this in the client care letter/terms of business, i.e.: is the advice limited to the terms and effect of the settlement agreement (to satisfy the relevant condition regulating settlement agreements)? is...
Checklist This checklist sets out the actions required for individual redundancy consultation, irrespective of whether consultation has also occurred at a collective level. It highlights the practical planning points for a redundancy exercise and indicates the matters to address at each stage... Open meetings with affected employees – topics to cover Letters to affected employees – required inclusions Individual consultation meetings – key discussion points Notice of dismissal – content to include Right of appeal – information to provide For broader guidance on individual redundancy consultation duties, see Practice Notes: Redundancy—fair procedure: individual consultation and How to carry out individual redundancy consultation. This checklist proceeds on the basis that the employer has already determined whether collective consultation is needed (see Checklist: Redundancy—collective consultation checklist for employers—Identify redundancy situation)...
In this issue: New technologies Internet Data protection Media Advertising, marketing and sponsorship Reputation management Telecommunications LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies DSIT releases report and impact assessment on copyright and artificial intelligence DSIT, the Department for Culture, Media and Sport (DCMS) and the Intellectual Property Office have jointly issued a report and an impact assessment exploring the use of works protected by copyright in the training and development of AI systems. These have been published pursuant to sections 135 and 136 of the Data (Use and Access) Act 2025. See: LNB News 18/03/2026 44. EDPS unveils Compass on supervision and enforcement under the EU AI Act The European Data Protection Supervisor (EDPS) has released its Compass setting out its expanded role under the EU AI Act as a market surveillance authority...
An open letter dated 26 April 2024 bears signatures from a spectrum of bodies, among them UK Finance and the Association of British Insurers. It presses the Chancellor of the Exchequer to confront the FCA’s plans, which, the signatories contend, would undermine the UK’s competitiveness. The regulator outlined proposals in February 2024 that, it claimed, would strengthen the deterrent impact of enforcement and permit it to name publicly the targets of its inquiries. The coalition, which also features TheCityUK and the Personal Investment Management & Financial Advice Association, argued the plans are out of step with other markets and supervisors. They warned this would render the UK an ‘international outlier’ on enforcement. ‘As drafted, the proposals are likely to harm the competitiveness of the UK’s financial services industry by deterring investors, and to produce poorer outcomes for customers,’ the letter states. Signatories ask the Chancellor to address the FCA’s proposals to avoid undermining competitiveness and worsening outcomes for customers...
We outline the FCA’s key messages from 2025, alongside predictions and practical tips to help you stay on the right side of the FCA in 2026. Fewer, faster investigations A refreshed stance on enforcement has been anticipated since Therese Chambers and Steve Smart assumed leadership of the FCA’s enforcement division in 2023, and the June 2025 update to the FCA Enforcement Guide made it official. The policy statement released with the revised guide confirmed that the FCA has raised the threshold, effectively raising the bar, for commencing an investigation and bolstered its pre-investigation assessment procedures. Addressing the City & Financial Global FCA Investigations and Enforcement Summit in October 2025, Therese Chambers, the FCA’s Joint Executive Director of Enforcement and Market Oversight, underscored the point, stating the FCA is running fewer investigations, at a faster pace. This reflects a 2025 objective to shrink the open caseload and bring ongoing investigations to a conclusion more quickly within a shorter time frame. Signs that this recalibrated enforcement strategy is...
This Practice Note sets out how to build a negotiation approach, offering tips on organising facts, aligning with client goals (including identifying the best alternative to a settlement), appraising the other side’s stance, selecting negotiation techniques, and deciding whether to open with a settlement proposal or a preliminary discussion. For direction on who should participate in settlement talks, and on confidentiality and the effect of ‘subject to contract’, see Practice Note: Settling disputes—who, confidentiality and subject to contract. For assisted routes to settlement, see Practice Note: What is ADR? and related material. For guidance on making offers and recording a deal, see Practice Notes: Settling disputes—settlement offers (Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement and related content Settling disputes—an early strategy for settlement A stage of litigation involves exchanging information under an applicable pre-action protocol or, if none governs the claim, under the Practice Direction Pre-Action Conduct and Protocols. The Letter of Claim and the Letter of...
This Practice Note explains the legal framework governing rent and rent review clauses in Scottish commercial leases. For disputed elements of rent and rent review, see Practice Notes: Rent arrears in commercial leases—recovering—Scotland and Commercial property rent review disputes—Scotland. Rent At common law, one essential requirement for a lease is the obligation to pay rent, even if only a token sum. Rent is typically due quarterly in advance on the Scottish quarter days; however, it is also frequent for leases where the landlord is an English property company or pension fund to specify payment on the English quarter days (see below) to maintain uniformity across the landlord's portfolio. After the 2008 recession, retail tenants increasingly sought to pay rent monthly in advance, and many landlords have been willing to consent to this. Such arrangements are generally personal to the original tenant and are recorded by a back letter; see Practice Note: Back letters to commercial leases in Scotland. The new Scottish quarter days are: Candlemas,...
This Practice Note outlines the principal cybersecurity ramifications posed by artificial intelligence (AI) in relation to duties under UK law, including those arising from the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR). It further sets out practical guidance on embedding AI as a relevant factor within existing cybersecurity compliance frameworks already in place. Advances in AI prompt concerns about the implications for cybersecurity and, as adoption grows, so too do related cybersecurity concerns. In January 2024, the UK National Cyber Security Centre (NCSC), the UK’s technical authority on cyber threats, warned that AI will almost certainly render cyberattacks on UK organisations more effective and widespread. In April 2026, DSIT and the Cabinet Office published an open letter to businesses on AI cyber threats, warning that the development of AI models is dramatically expanding the speed and scale at which cyber attacks are being carried out, and that organisations must adjust the way they manage cyber risk accordingly in response (see: LNB News 16/04/2026 14)....
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...
[ On reporting accountants’ letterhead ] The Directors [ Insert company and sponsor details ] [ Insert date ] Dear [ insert name ] [ Insert name of company ] (the Company): [ Placing AND/OR Open offer AND/OR Rights issue ] of [ insert number ] [ insert class ] shares of [ insert nominal value ] each Further to our engagement letter dated [ insert date ], we performed the procedures below on the Statement of Capitalisation and Indebtedness of the [ Company OR Company's group ] included in the Company’s prospectus dated [ insert date ]. The Statement of Capitalisation and Indebtedness was prepared by, and is solely the responsibility of, the Company’s directors. Procedures [ Insert procedures undertaken re the Statement of Capitalisation and Indebtedness ]. Opinion Solely from the procedures above, [ insert opinion, e.g. nothing has come to our attention to indicate that the Statement of Capitalisation and Indebtedness requires adjustment ]. Other matters ...
[ ON YOUR LETTERHEAD ] WITHOUT PREJUDICE SAVE AS TO COSTS [ SUBJECT TO CONTRACT ] [ Insert date ] [ Insert name and address of other party’s solicitor ] Dear [ insert contact name ] [ Insert subject of letter ] We refer to our open letter of [ today’s date OR [ insert date ] ]. As explained in that correspondence, both we and our client remain assured that, were your client to commence proceedings in relation to the alleged claim described in your letter of claim dated [ insert date ] (the ‘Letter of Claim’), our client would be entirely successful in resisting and defeating any such claim...