Open procedure meaning

This Checklist sets out the matters a landlord ought to weigh up where a tenant faces insolvency, highlighting the options open to the landlord, such as Commercial Rent Arrears Recovery (CRAR), forfeiture, drawing on a rent deposit, and pursuing former tenants, guarantors and sub-tenants. It further addresses practical considerations for the landlord, including steps for securing and marketing the property, and contacting the insolvency practitioner. What type of insolvency scenario applies to the tenant? The remedies that can be exercised, and the limits that will bite, differ depending on the particular insolvency arrangement affecting the tenant. Each procedure brings distinct constraints and options. For a table summarising the restrictions, see Practice Note: Quick guide to landlord’s remedies in tenant insolvency. Has contact been made with the insolvency practitioner? It is vital to liaise with the relevant insolvency practitioner to assess the tenant’s position and to evaluate what, if any, prospect exists of outstanding sums being repaid, future rents being protected, or the tenant emerging from the...

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;...

This flowchart outlines the steps in a disciplinary process addressing suspected employee misconduct: from fact-finding into the allegation(s), through holding a disciplinary meeting and deciding any sanction, to administering an appeal. Click below to open or print the full-size PDF version: Note 1—dealing with an allegation of misconduct When assessing whether the matter amounts to possible misconduct, it may also be necessary to examine the employee’s contract, the employer’s staff handbook and any other applicable policies or procedures beyond the disciplinary/dismissal procedure, for example an equality/equal opportunities policy or an expenses policy. Remember that a situation that initially appears to be misconduct could instead be a performance or capability issue. See Practice Note: Managing conduct—Dealing with conduct issues. Where a conduct issue arises, the first step is to investigate promptly and without undue delay to establish the facts of the case. Note 2—using mediation In appropriate circumstances, mediation may be considered as part of, or in parallel with, the disciplinary process. If both parties agree to...

The Landlord and Tenant Act 1987 (LTA 1987), Part I Under the Landlord and Tenant Act 1987 (LTA 1987), Part I, qualifying tenants of flats have a right of pre-emption (the right of first refusal), enabling them to acquire their landlord’s interest when the landlord intends to dispose of it. A landlord may not make a relevant disposal without first serving notice on the qualifying tenants, and if, having confirmed the tenants do not wish to exercise that right on the stated terms, any allowed disposal must not proceed on terms more favourable than those originally offered to the tenants. Should the tenants accept the landlord’s offer, a statutory process then governs completion of the disposal. Click here to download a PDF version of the flowchart:...

In this issue: Investigating criminal conduct Criminal procedure and evidence Proceeds of crime Sentencing Bribery, corruption, sanctions and export controls Consumer protection and cartels Cybercrime and data protection offences Environmental offences Financial services and pensions offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Money laundering International Other corporate crime news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Standards of candour in closed hearings, and corporate witness statements (Attorney General v BBC; R (‘Beth’) v IPT) When scrutinising MI5’s actions across two High Court cases, the court addressed the grave consequences of presenting inaccurate material within closed hearings. It outlined the tightly confined situations that can justify a departure from open justice under section 6 of the Justice and Security Act 2013 (JSA 2013). The court further...

In this issue: King’s Speech 2024 Criminal procedure and evidence Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Corporate Crime in Scotland Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information King’s Speech 2024 King’s Speech 2024—criminal justice and law enforcement His Majesty the King outlined the government’s priorities and intended policies for the forthcoming parliamentary session at the State Opening of Parliament on 17 July 2024. As in November 2023, public safety was central to the address, and the new Prime Minister, Keir Starmer, pledged to clamp down on anti‑social behaviour, reclaim our streets and protect our borders. To achieve this, he set out plans to bolster policing and the criminal justice...

PI & Clinical Negligence weekly highlights—24 July 2025 In this issue: Key PI and Clinical negligence developments Occupational disease Accidents abroad Other PI and Clinical negligence news LexTalk® PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Key PI and Clinical negligence developments SI 2025/893 (Civil Procedure (Amendment No 2) Rules 2025) modifies the Civil Procedure Rules 1998, SI 1998/3132, revising Rule 2.8 (time) and Rule 5.5 (filing and sending documents) to reflect the roll-out of new Practice Direction 5C covering the CE-File electronic filing and case management system, following its piloting under Practice Direction 51O (electronic working pilot scheme). The changes come into force in part on 12 September 2025, and in full on 1 October 2025. Refer to LNB News 22/07/2025 19 for details. NHS Resolution publishes Annual Report and Accounts for 2024/25 NHS Resolution has issued its Annual Report and Accounts for 2024/25,...

This Practice Note offers practical guidance on the dispute resolution framework available to the UK and the EU under the UK–EU TCA, with an emphasis on trade. It outlines the breadth of the trade dispute regime, the obligatory consultation phase and any subsequent arbitration, and the measures to secure compliance with an arbitral award. Introduction Following the UK’s decision (Brexit) to depart the EU, the Parties concluded the Trade and Cooperation Agreement in December 2020, which took effect on 1 January 2021. For practical guidance on trade in goods, services and rules of origin under the UK-EC TCA, please see: Practice Note Trade in goods under the UK-EU Trade and Cooperation Agreement on goods Practice Note Trade in services under the UK-EU TCA—an overview on services Practice Note Rules of Origin of the UK-EU Trade and Cooperation Agreement on Rules of Origin The UK–EU TCA establishes its own dispute settlement system designed to be effective and efficient, both to...

STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) have taken effect. Any procurement launched on or after that date must proceed under PA 2023. Procurements started under the earlier frameworks—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and overseen in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content relates to the Procurement Act 2023 regime. This practical guidance addresses public procurement under PA 2023. Under this regime, tender notices replace contract notices under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For practical guidance on contract notices under PCR 2015, see Practice Note: Prior information notices and contract notices. What is a tender notice? Under PA 2023, a tender notice is required to launch a competitive tendering process. PA 2023, s 21 sets out: when...

STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the earlier instruments—the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law. Public procurement reform The UK public procurement framework stems from EU public procurement law, and was consequently affected by the UK’s exit from the EU, albeit only to a limited degree. In substance, the UK regime continues largely...

1 Introduction At [ insert the exact time ], I declare open the meeting of Creditors/Members of [ insert name of the company ] [ with [ insert type of claim ] claims, and the meeting of Creditors/Members of [ insert name of the company ] with [ insert type of claim ] Claims ]. I am [ insert name ], of [ insert firm or company name ], acting as [ insert details of who the chairperson is eg adviser etc ]. The Meeting [ s ] taking place today [ has OR have ] been convened by the Company pursuant to an Order of the High Court of Justice of England & Wales made on [ insert date ]. The purpose of the Meeting [ s ] is to review and, if considered appropriate, approve the Restructuring Plan(s) under Part 26A of the Companies Act 2006 that the Company proposes to enter into with [ certain of ] its creditors/members. Pursuant to the...

In the Family Court sitting at [ Court name ] Case no: [ Case number ] Proceedings under: The Matrimonial Causes Act 1973 The Civil Partnership Act 2004 The Child Support Act 1991 Schedule 1 to the Children Act 1989 The Inheritance (Provision for Family and Dependants) Act 1975 The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 The Trusts of Land and Appointment of Trustees Act 1996 The Married Women’s Property Act 1882 and ss 67, 68 and 74 of the Civil Partnership Act 2004 OR [ (DELETE AS APPROPRIATE) ] The [ Marriage OR Civil Partnership OR Relationship OR Family ] of [ applicant name ] and [ respondent name ] Heard [ name the advocate(s) who appeared ]; considered documents filed by the parties [ [ (IN THE CASE OF AN ORDER MADE WITHOUT NOTICE) ] read the statements and heard the witnesses...

A: General information Review date: [Insert date]. Reviewer(s): [Insert name]. Role: [Insert position, eg COLP]. B: Data 1 Rolling data Past [insert period]: issued — [Insert number]; released — [Insert number]. Past 12 months: issued — [Insert number]; released — [Insert number]. 2 Snapshot data Open non‑routine undertakings — [Insert number]. Value of open non‑routine undertakings — [State financial value]. C: Review and findings Undertakings Register up to date? Yes/No. If no, add action in D. Staff following processes for routine/non‑routine issuing and accepting? Yes/No. If no, add action in D. Any undertakings not released? Yes/No/Not applicable. If yes, give details and add action in D. Patterns or trends? Yes/No. If yes, summarise. Any compliance failures? Yes/No. If yes, describe and confirm Compliance failure policy followed. Training needs? Yes/No. If yes, outline and add action in D. Remedial steps to improve undertakings systems needed?...

Before reaching a decision on a planning application, a local planning authority (LPA) must run a consultation period to gather opinions on the proposed development. This encompasses public consultation. It is open to all members of the public, who may submit representations. To make that process work, the LPA is required to publicise the planning applications it receives. Statutory provisions Section 65 of the Town and Country Planning Act 1990 (TCPA 1990) enables a development order to require that notice is given of any application for planning permission and to make provision for publicising such applications, and it bars an LPA from considering an application unless those requirements are met by virtue of that section. The Town and Country Planning (Development Management Procedure) (England) Order 2015, (TCP(DMP)(E)O 2015), SI 2015/595 is the current development order in England, which sets out the minimum statutory requirements governing the publicity of planning applications. The principal requirements are found in (TCP(DMP)(E)O 2015), SI 2015/595, art 15...