Pre-trial review meaning

This Checklist highlights principal actions and considerations for a tenant weighing up surrendering its lease to its landlord. It is not comprehensive, and you should always assess whether further matters arise that require attention in your specific situation, including any fact-specific risks or obligations. This guidance proceeds on the basis that the following apply: the surrender is by express agreement and not effected by operation of law, and no immediate re-grant in favour of the tenant will follow the surrender You can read this Checklist alongside Practice Note: Lease surrenders and Checklist Surrender of lease—acting for the landlord—checklist. How to use this Checklist Although the mechanics of a lease surrender broadly resemble a sale and purchase in commercial terms (the tenant effectively sells and the landlord buys), notable distinctions remain. The opening section (Key issues) identifies the main points for review, with additional explanation provided in the Procedure table below for handling a lease surrender, in more detail for...

This Checklist sets out the key points to consider when advising a prospective claimant on a potential breach of warranty claim arising from a share purchase agreement (SPA). The same broad approach will apply to an asset purchase agreement (APA). For additional guidance on breach of warranty claims, see the related content links on the right-hand side. Read this Checklist together with Practice Note: Starting an SPA breach of warranty claim—a practical guide... Action Comments Review the SPA Check the: governing/choice of law provisions — is the agreement governed by English law? jurisdiction provisions — do the English courts have jurisdiction? warranty provisions and warranty limitation provisions — does the issue fall within the warranties and are you within the time limit to bring a breach of warranty claim? Note all deadlines in the agreement that could be relevant to any potential warranty claim... Review the disclosure letter Confirm that the issue has not been disclosed against...

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...

Stage 1—preparing to bring a claim and pre-action matters Guidance on infringement, defences, ownership, injunctions, running disputes, and the Business and Property Courts Disclosure Scheme; cease and desist precedent; timetable checklist; key forms; IP insurance. Stage 2—letter of claim alleging copyright infringement Guidance on infringement, drafting letters of claim, unjustified threats and remedies, with precedents for standard and peer‑to‑peer infringement letters. Stage 3—commencing proceedings Notes on infringement, secondary infringement, permitted acts, remedies, criminal offences, the Business and Property Courts and the Disclosure Scheme; pleadings/initial disclosure precedents; Disclosure/IPEC flow tools; CPR claim/defence/settlement/default forms. Stage 4—case management Guidance on running disputes, costs management and the Disclosure Scheme; checklist; Chancery, Patents Court and IPEC Guides; Mitchell v NGN; core case‑management and disclosure forms. Stage 5—disclosure and evidence Notes on e‑disclosure, witness statements and the Disclosure Scheme; PD 57AC for Business and Property Courts trial statements (not...

This Checklist supports the preparation of terms and conditions for the sale of goods. It highlights key points when producing standard B2B terms or a goods sale agreement. It covers legal, regulatory and practical aspects of selling and supplying goods and is written from a seller/supplier perspective. For general guidance on contracts for the sale of goods, see Practice Notes: Contracts for the sale and supply of goods—business to business and Implied terms in contracts for goods and services. For broader guidance on key provisions in commercial contracts, see Practice Note: Key terms and conditions in commercial contracts. General considerations Engage with departmental stakeholders to identify concerns and gather customer feedback that should be addressed in the terms. Map how goods will be provided and any back-end processes, eg delivery or returns, that need to be reflected in the terms. Check for pre-existing commitments, such as restrictive covenants or exclusive sale or purchasing arrangements, that could prevent a bespoke supply contract...

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 A review of key cases in 2025 Decision to prosecute and alternatives to prosecution Criminal procedure and evidence Proceeds of crime Bribery, corruption, sanctions and export controls Environmental offences Financial services and pensions offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information A review of key cases in 2025 Headline corporate crime matters in 2025 included the UK Supreme Court overturning the convictions of two traders jailed for rate manipulation; the anti-fraud agency deploying a seldom‑used legal power to recover criminal cash; and the first conviction for sanctions breaches. See News Analysis: The biggest financial crime cases of 2025. Decision to prosecute and alternatives to prosecution SFO compliance guide highlights early remediation is key On 26 November 2025, the Serious Fraud Office (SFO)...

In this issue: Company law and regulatory matters Corporate governance Tax treatment Useful information Trackers Dates for your diary Weekly highlights from other practice areas Company law and regulatory matters Companies (Directors’ Remuneration and Audit) (Amendment) Regulations 2025 published The Companies (Directors’ Remuneration and Audit) (Amendment) Regulations 2025 (SI 2025/439) have been issued and will take effect on 11 May 2025, having previously been laid for sifting last month (see News Analysis: Share Incentives weekly highlights—6 March 2025—Company law and regulatory matters). They remove most of the 2019 reporting obligations imposed on quoted companies in relation to directors’ remuneration, introduced to implement aspects of EU Directive 2017/828 (the revised Shareholder Rights Directive). This change reflects substantial overlap with pre‑2019 UK rules on directors’ pay reporting that remain in force and continue to apply. The instrument also updates the audit regulatory framework to address inconsistencies identified by the government and the Financial Reporting Council, which arose during...

In this issue: Brexit headlines Brexit SIs Post-Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Public Procurement Subsidy control and State aid Information law Other Public Law news LexTalk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit headlines The Foreign Affairs Committee urges a White Paper on the UK-EU reset and the publication of the Dynamic Alignment Bill. Its Third Report of Session 2024–26, From a Common Understanding to Common Ground: Building a UK EU Strategic Partnership fit for the future, assesses the government’s approach and progress on reconfiguring UK-EU relations. Aimed at shaping parliamentary scrutiny of the next phase of UK-EU engagement, it lands while discussions with the EU and internal cross-government efforts continue. The Committee concludes that, although the Lancaster House summit in May 2025 created a platform...

A first appearance in the magistrates’ court is primarily procedural. Although largely administrative, early choices at this stage can shape strategy and practical outcomes for how the matter proceeds. This Practice Note sets out how to get ready for a first hearing in the magistrates’ court, flags the core issues for practitioners, and notes the principal distinctions between acting for individual defendants and for corporate defendants. It summarises the vital preparatory tasks for both prosecution and defence lawyers, together with pointers on completing the necessary forms. To prepare effectively, advocates must predict the likely course of the hearing and secure all relevant instructions in advance. The court expects an effective hearing and is reluctant to allow adjournments save where absolutely necessary. Both sides are obliged to actively assist the court so the case is dealt with efficiently. Thorough preparation safeguards and advances the client’s position and ensures the court has the information required for the case to move forward smoothly. For further guidance on the stages of criminal proceedings,...

What is the Pensions Advice Allowance? Following consultation in 2016/17, the government brought in, from 6 April 2017, the Pensions Advice Allowance. It enables eligible pension scheme members to withdraw a fixed sum from their pension pot tax-free to cover holistic retirement advice. At the member’s instruction, the scheme may therefore reduce the value of the member’s pot by the advice fee and pay the funds straight to the member’s adviser. This measure stemmed from the Financial Advice Market Review, which highlighted an advice gap affecting people who require retirement planning support but cannot meet the cost from net-of-tax income or savings. It is available in addition to other existing advice allowances and payment routes for advice. These include adviser charging, which does not permit pension monies to be used to fund holistic retirement advice. For further details, see Other types of pensions advice measures below. The government’s aim is to help those preparing for retirement to use the Pensions Advice Allowance to fund holistic...

Note This Practice Note addresses the law currently applying in England. In Wales, the position is governed by the Social Services and Well-being (Wales) Act 2014 together with the relevant statutory instruments. For Welsh guidance, see the following Practice Notes: Local authority powers and duties to provide accommodation for children in Wales Local authority duties to looked after children in Wales Local authority duties to children in Wales—child protection NB: this Practice Note also cites earlier legislation and statutory guidance, as certain linked materials give useful background and include templates that continue to be used during pre-proceedings. The Public Law Outline (PLO) originated in 2008 as part of reforms to care proceedings. It was subsequently updated by the PLO 2014 and the Children and Families Act 2014, which introduced a 26-week limit for completing care and supervision proceedings. See Practice Note: Public law children procedure—Public Law Outline. These changes place greater weight on work undertaken before proceedings commence. Providing support and...

1 Preparing for the audit This part provides a pre-audit checklist of matters to address before the review. Action | Completed | Comments/action points Define the audit’s scope, whether organisation-wide or focused (and, if focused, state precisely what is included) [ Insert date completed ] [ Insert any comments or action points ] Obtain the organisation-wide risk assessment for money laundering, terrorist financing and proliferation financing [ Insert date completed ] [ Insert any comments or action points ] Collect all AML, CTF and counter-proliferation financing compliance policies and procedures [ Insert date completed ] [ Insert any comments or action points ] Decide how many files will be reviewed and from which departments they should be sourced [ Insert date completed ] [ Insert any comments or action points ] Select customer/matter files for examination [ Insert date completed ] [ Insert any comments or action points ] Set up access to all relevant internal systems, files and records,...

Schedule of loss & dependency in a fatal accident claim [ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ Specify division ] ] [ [ Insert location ] DISTRICT REGISTRY ] Claim No: Between AB, Claimant (the Widow and Executrix of the estate of A, deceased) and C Limited, Defendant Note On 2 December 2024 the Lord Chancellor confirmed that the discount rate would move to a positive 0.5%. That positive 0.5% rate takes effect from 11 January 2025. Under Schedule A1 to the Damages Act 1996, later reviews must occur within five years of the end of the previous review, meaning the next review must begin on or before 2 December 2029. The Claimant retains the right to revise, modify or supplement this schedule at any time up to and including trial...

[ AT THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ SPECIFY DIVISION ] ] [ DISTRICT REGISTRY AT [ INSERT LOCATION ] ] Claim No: Between [ Insert name ] Claimant and [ Insert name ] Defendant ________________________________________________ SCHEDULE OF LOSS CALCULATED TO [ INSERT DATE OR INSERT THE DATE OF TRIAL ] ________________________________________________ Note On 2 December 2024, the Lord Chancellor declared that the discount rate would move to positive 0.5%. This positive 0.5% rate comes into effect on 11 January 2025. Schedule A1 to the Damages Act 1996 stipulates that later reviews are to occur within five years of the end of the preceding review, which means the next review must start on or before 2 December 2029. The Claimant reserves the ability to revise, amend, or supplement this schedule at any point up to and including trial. A....

Clare Ambrose, Twenty Essex The clear benefit is that the hearing can proceed and the dispute be determined, which is the tribunal’s fundamental objective. The tribunal’s obligation to be fair to both sides does not compel an in-person hearing; if suitable arrangements permit the hearing to happen, that will be a weighty factor in favour. There is also a possible gain in cost efficiency: although premium technology may incur expense, savings on hearing venues and travel and hotel accommodation could be substantial. Virtual hearings remain relatively novel, so practice is evolving to manage practicalities and logistics across the board. The range of technological solutions is broad and warrants careful review and thorough investigation by the parties involved. For the hearing to run smoothly, every participant in the arbitration should trial their equipment in the precise location from which their virtual hearing will (for each of them) be conducted...

It is commonplace in financial remedy proceedings for a third party to be added to the case, either to advance a claim to a beneficial interest in a property or other asset, or to permit making of an order for sale in relation to that property. In TL v ML, Mostyn J articulated the procedural principles to be applied to such matters...