Proper standard of service meaning

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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In this issue: Cases round-up Security Real estate finance Sustainable finance Derivatives Sanctions Claims and remedies Daily and weekly news alerts New and updated content Useful information Cases round-up Banking & Finance case round-up For an overview of the Banking & Finance cases we highlighted in December 2025 and January 2026, see News Analysis: Banking & Finance—December 2025 and January 2026 case round-up. Security Administration appointment upheld despite service defects (Perhar v Synergy) In Perhar v Freestone [2025] EWHC 3284 (Ch), the High Court rejected an effort to nullify, or otherwise terminate, an administration appointment made by a trade finance provider under a qualifying floating charge. ICC Judge Prentis determined that, for paragraph 16 of Schedule B1 to the Insolvency Act 1986, the proper focus is on whether the chargeholder’s contractual entitlement to enforce had arisen, rather than on perfect procedural compliance when taking enforcement action. Relying on SAW (SW)...

Fantini (as executor of the estate of Iris Mary Fantini (deceased)) v Scrutton and others [2020] EWHC 1552 (Ch) What are the practical implications of this case? This decision narrows the ability of co-owners holding as joint tenants (and of the personal representatives or will beneficiaries of such persons) to treat efforts to serve a compliant notice of severance, and to lodge a matching restriction, as having themselves brought about a severance. It underscores, for advisers, the critical need to ensure proper service of any notice of severance—especially where clients are nearing the end of life or following the breakdown of a relationship—since it is now evident that mere attempts to do so, or to take related steps, may not in themselves achieve severance. The judgment also illuminates the boundaries of the principle that the court will favour a tenancy in common. What was the background? A mother and her daughter were registered as joint tenants of their shared home. After the daughter received a terminal...

L&D encompasses all learning opportunities across the organisation. It includes, though is not limited to: taking part in training courses completing online tutorials watching webinars on-the-job coaching mentoring reading researching Regulatory requirements SRA The Solicitors Regulation Authority (SRA) views learning as vital. Solicitors no longer have to tally continuing professional development (CPD) hours each year. Under the SRA’s competency regime, they must reflect on the quality of their practice, identify any learning and development needs, and then address them to ensure their knowledge and skills are current and they are competent to practise. For more information about the competence regime, see: Continuing competence—in-house lawyers—overview. Before the SRA competence statement, the SRA made no distinction between technical legal skills development and personal development. The competence statement addresses this, defining what solicitors must be able to do to deliver a proper standard of service and setting out core standards all solicitors and registered European lawyers (RELs) should undertake...

Court of Appeal—professional negligence ARCHIVED : This Practice Note has been archived and is not maintained. The Court of Appeal upheld an appeal in a claim against solicitors, holding that the loss of a chance head of damage was too remote. At first instance, the judge concluded that Lewis Silkin LLP had fallen below the required standard by not advising their client to include a jurisdiction provision in his employment agreement with a franchisee involved in the Indian Premier League’s Twenty20 competition. Because no jurisdiction clause appeared in the contract, when the client later issued proceedings against the franchisee over a severance entitlement, he faced jurisdictional challenges (ultimately dismissed) brought by the franchisee, which postponed his obtaining judgment for £10 million in severance. The client’s case was that, with proper advice on jurisdiction, the contract would have contained an exclusive jurisdiction clause. On that footing, he said, he would have secured judgment for the severance sum sooner (as there would have been no hold‑ups arising from jurisdiction objections) and...

ARCHIVED: This Practice Note has been archived and is not maintained Keeping abreast of case law that shapes a practitioner’s specialism, or influences civil litigation procedure generally, is a persistent challenge for those working in dispute resolution. This Practice Note distils the leading appeal authorities—decisions of the Court of Appeal and Supreme Court, and, where relevant, selected judgments of the Court of Justice of the European Union (CJEU)—that we have reported, giving users straightforward access to those rulings. Use the table of contents in the left margin to browse, or locate items quickly with [CTRL]+[F]. It also sets out a selection of forthcoming appeals, where known, to aid horizon scanning. The material is not intended to be a comprehensive catalogue of every appeal and/or significant decision for dispute resolution practitioners. Key forthcoming appeal cases—2019 Terminating contracts—frustration Canary Wharf (BP4) T1 Ltd v European Medicines Agency [2019] EWHC 921 (Ch)—Court of Appeal: permission to appeal granted in the lower court...

1 Details of outsourcing arrangements Summary of the proposed outsourcing services: [ Insert details ] Nominated outsourcing supplier (OS): [ Insert details ] Date the risk assessment was undertaken: [ Insert date ] Individual(s) approving the risk assessment: [ Insert name(s) ] 2 Client risks Risk: Outsourcing might not align with the best interests of every client Likelihood: ☐ Low ☐ Medium ☐ High Impact: ☐ Low ☐ Medium ☐ High Mitigation: [ Insert details ] Risk: Outsourcing could impede our duty to deliver a proper standard of client service Likelihood: ☐ Low ☐ Medium ☐ High Impact: ☐ Low ☐ Medium ☐ High Mitigation: [ Insert details ] Risk: The OS’s role may limit our ability to provide enough information for clients to make informed choices about their matter Likelihood: ☐ Low ☐ Medium ☐ High...