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Introduction to freezing injunctions and scope of this checklist A freezing injunction (also known as a freezing order) is a temporary court order that prevents a respondent from disposing of or transferring its assets out of the relevant jurisdiction—namely England and Wales—or, in the case of a worldwide freezing order (WFO), from moving them anywhere in the world. The court’s principal aim in granting such relief is to preserve the respondent’s assets so that, if the applicant later obtains judgment against the respondent, there will be assets available for recovery by the applicant and, if necessary, enforcement action. This Checklist explains how to make an application for a freezing injunction where claims are contemplated or already underway in a corporate or personal insolvency context. As the precise circumstances of each matter must be assessed, this Checklist does not claim to be exhaustive; rather, it provides an overview of the key considerations at each stage when seeking an order of this kind. The focus throughout is asset preservation pending determination...
Checklist The Office of Financial Sanctions Implementation (OFSI), a part of HM Treasury, is responsible for communicating, implementing and enforcing financial sanctions in the UK. It also holds powers to grant licences that permit an activity or transaction which would otherwise be prohibited under the UK financial sanctions regime. OFSI may only issue licences connected to financial sanctions. If your application concerns a different sanction, such as trade or immigration, you must send it to the appropriate Department. See further Practice Note: Understanding the financial sanctions regime. This Checklist brings together the requirements for applying to OFSI for a financial sanctions licence, alongside recommendations to help make your application faster and easier. These are drawn from multiple sources, including the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) and regulations made under it, various OFSI guidance materials, and guidance from the Solicitors Regulation Authority (SRA). This Checklist also signposts relevant content to support compliance with these requirements and suggestions. A section is provided for you to indicate completion...
This Checklist This Checklist highlights key matters to weigh up when preparing and finalising a retention bond for a construction scheme. For additional guidance on retention bonds, see Practice Note: Retention bonds. Parties A party whose registered office is outside England and Wales may need to nominate an address for service within England and Wales. Consider carefully before accepting a surety located beyond the UK and, where relevant, confirm the surety is properly authorised to issue bonds in the UK. Always include company registration numbers to enable future identification of the companies. ...
This flowchart sets out the process under the FIDIC Red, Yellow and Silver Books, 1999 editions, for defects under: clause 7.5, where Plant, Materials, design or workmanship are discovered to be faulty or otherwise non-compliant with the Contract, and the Employer rejects the relevant Plant, Materials, design or workmanship clause 7.6, when the Employer directs the Contractor to strip out and substitute any non-compliant Plant or Materials, to take out and reperform any other work that does not meet the Contract, or to carry out any work urgently needed to protect the safety of the Works clause 11.1, under which the Contractor must perform all tasks necessary to make good defects or damage, as notified by the Employer on or before the end of the Defects Notification Period clause 12.3, if a Test after Completion is not passed, and clause 11.1(b) concerning the rectification of defects applies (Yellow and Silver Books only) For further details, see Practice Note: FIDIC Contracts (pre–2017...
This flowchart shows how to handle a data protection incident (including a cyber security incident) in line with the UK General Data Protection Regulation (UK GDPR). It mirrors the UK GDPR’s rules on reporting and recording personal data breaches, alongside the Information Commissioner’s Office (ICO) guidance on breach management. It charts the end-to-end breach lifecycle, offering direction and links to the relevant precedents for each step of the process. See Precedents: Personal data breach plan, Data breach report form—internal and Data breach assessment and action plan, which steer you through every stage of this workflow. Note 1—assemble data breach team The initial action is to bring together your data breach team. Decide who in the organisation is best positioned to respond promptly to the incident and who should support the ensuing enquiry. This typically calls for contributions from specialists across the business, including IT, HR and compliance/legal, and may, in some instances, involve engagement with external stakeholders and suppliers. The Precedent: Personal data breach plan urges you to...
VBER 2022 flowchart This flowchart provides an at‑a‑glance pathway to assess whether the VBER 2022 safe harbour applies to an agreement. For the purposes of the flowchart, it is taken that the agreement is a vertical arrangement and that it complies with Article 2(3), VBER 2022 (concerning IP provisions) and, where relevant, Articles 2(4)–(6), VBER 2022 (relating to dual distribution). Throughout the flowchart, the VBER 2022 is referred to as the EU VBER...
In this issue: Probate Elderly and vulnerable clients Spouses, civil partners and cohabitants UK taxes for Private Client HMRC Manuals updates Budgets and Finance Bills Digital assets and cryptoassets International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate Court Funds Office reduces special and basic accounts interest rate Effective 12 June 2024, the Court Funds Office lowered interest across special and basic accounts. Rates on special accounts shifted from 6.00% to 5.25%, while basic accounts dropped from 5.00% to 3.94%. See LNB News 16/07/2024 55. For a roundup of key rates relevant to Private Client work, refer to Practice Note: Key interest rates—Private Client. Elderly and vulnerable clients Discrimination challenge over social care charging policy (R (YVR (a...
In this issue: Governance Planning Social housing Children’s social care Social care Healthcare Education Environmental law and climate change Local government finance Daily and weekly news alerts New and updated content Governance Equality Act 2010 provisions refer to biological sex, regardless of gender recognition certificate (For Women Scotland v Scottish Ministers) The Supreme Court ruled that, within the Equality Act 2010 (EqA 2010), the words ‘man’, ‘woman’ and ‘sex’ denote biological sex. Treating the relevant provisions as embracing ‘certificated sex’ by virtue of a gender recognition certificate (GRC) would render them incoherent and unworkable, and thus cannot be done. For sex discrimination claims, an individual has the protected characteristic of biological sex only. The relevant parts of the EqA 2010 fall within section 9(3) of the Gender Recognition Act 2004 (GRA 2004), and so displace the section 9(1) rule that a person with a GRC is, for all purposes, of the acquired...
In this issue: Key developments UK immigration control: how it works Sponsored work Students Challenging immigration decisions and enforcement LexTalk®Immigration: a Lexis®Nexis community Daily and weekly news alerts New and updated content New Q&As Key developments Future developments—Immigration calendar Our Immigration calendar highlights key forthcoming changes relevant to business immigration advisers. UK immigration control: how it works New eVisa travel guidance published, including a ‘Recover your UKVI account’ service A new Home Office guidance webpage outlines the steps recommended for overseas nationals with an eVisa to complete before travelling outside the UK. Individuals are advised to confirm their status using the View and Prove service, and to use the ‘update your UKVI account’ option to ensure their personal information is correct and that the passport they will use for travel is correctly linked to their account. When returning from overseas, they are further advised to make sure the passenger information provided...
Quick view This Practice Note explores whether an employee can be engaged by two or more employers for the same role at the same time—joint employment (also termed dual employment or multiple employment). It examines the general assumption, the issue of vicarious liability, and the position of agency workers, office-holders and teachers. It also considers the setting of collective bargaining, the effect of TUPE 2006, and tax questions that may arise. Finally, it reviews the factors relevant to written contracts that involve multiple employers. Joint employment is typically discussed in relation to vicarious liability, for instance negligence (see: Vicarious liability, below). Regarding an individual’s employment rights, it appears reasonably clear that the prevailing presumption—that an employee cannot have more than one employer for the same work at the same time—can be displaced in these situations: where the person has two roles with separate employers and the roles are compatible; and where two or more employers act together within a partnership or joint venture ...
PI & Clinical negligence horizon scanner—July 2025 [Archived] ARCHIVED: This Practice Note is archived and is not maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at July 2025. For developments predating this horizon scanner, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments The personal injury discount rate—a review In late 2024, the Lord Chancellor, Shabana Mahmood MP, revealed the outcome of her five‑month review of the discount rate, initiated in July 2024. One month after the new +0.5% discount rate took effect, Thea Wilson (barrister at 12 King’s Bench Walk) assesses its impact on cases, the responses from claimant and defendant representatives, and the consequences of the change for legal practitioners. See News Analysis: The personal injury discount rate—a review. MoJ announces reduction in CFO’s interest rates The Ministry of Justice (MoJ) has announced lower interest rates for the Courts Funds Office’s (CFO) special and basic accounts...
Assimilated law Assimilated law describes retained EU law that continues to apply after the close of 2023. For more detail, see Practice Note: Assimilated law. This Practice Note offers guidance on the rights of data subjects in the employment setting. It reflects the UK GDPR framework, and statutory references are to Assimilated Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), unless stated otherwise. It also accounts for provisions of the Data (Use and Access) Act 2025 (DUAA 2025) in force as at 5 February 2026 (see Practice Note: Data (Use and Access) Act 2025—employment implications). Updated guidance from the Information Commissioner’s Office (ICO) is awaited. For an overview of key themes in the Assimilated Regulation (EU) 2016/679, UK GDPR and DPA 2018, and for employment‑specific guidance, see: The UK GDPR and DPA 2018: key data protection issues for employment lawyers, and The UK GDPR and DPA 2018: lawful processing of personal...
This Agreement is entered into on [ insert date ] Parties [ insert name ], a company incorporated in [ England and Wales ] with number [ insert company number ] and having its registered office at [ insert address ] (Licensor); and [ insert name ], a company incorporated in [ England and Wales ] with number [ insert company number ], whose registered office is at [ insert address ] (Licensee). Each of the Licensor and the Licensee is a party, and together the Licensor and the Licensee are the parties. BACKGROUND (A) The Licensor [ is the [ registered ] proprietor of OR is the applicant to register OR has the right to licence and/or sub-licence ] certain intellectual property rights. (B) The Licensee is [ insert background to licence/relevant transaction ]. (C) The Licensor has agreed to grant a licence of those intellectual property rights to the Licensee, and the Licensee has...
This Agreement is entered into on [ date ]. Parties [ Insert name of licensor ], a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] (Licensor); and [ Insert name of licensee ], a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at [ insert address ] (Licensee), Each of the Licensor and the Licensee is a party, and together the Licensor and the Licensee constitute the parties. Background The Licensee is [ insert details of the Licensee’s background/background to licence or relevant transaction. ] The Licensor has agreed to provide the Licensor Content to the Licensee and to grant the Licensee a licence to use the Licensor Content in accordance with the terms of this Agreement...
This Agreement is dated [ insert date ] Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (Assignor) [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (Assignee) Each of the Assignor and the Assignee is a party; together they are the parties. Background The Assignor owns the copyright and database rights in the Database. The Assignee is [ insert description of the Assignee’s background/background to assignment or relevant transaction ]. The Assignor agrees to assign all such copyright and database rights and to migrate the contents of the Database to the Assignee, and the Assignee agrees to accept that assignment and to assist and co‑operate with...
If a lease was granted at undervalue, you are the 3rd owner, and you knew it was at undervalue, if creditors ask for an order returning the property to the original owner you cannot claim relief? Transactions at an undervalue (TUVs) are regulated by the Insolvency Act 1986 (IA 1986). The relevant provisions are: sections 238, 240 and 241 of the IA 1986 for companies sections 339 to 342 of the IA 1986 for individuals These powers are available to trustees in bankruptcy, liquidators (in both compulsory and voluntary liquidations), and administrators. They permit the office-holder to review dealings made by the insolvent person or company in the lead-up to insolvency and to assess whether assets should be recovered for the insolvent estate. In particular, an order under: section 241 of the IA 1986 (for companies), or section 342 of the IA 1986 (for individuals) cannot be made against the other party to a...
Who can be the guardian of a Child Student? The Immigration Rules, Introduction, para 6.2 (Immigration Rules, Introduction, para 6.2(b)) sets out definitions for key terms such as ‘legal guardian’, ‘parent’ and ‘private foster care arrangement’. A ‘legal guardian’ is defined as ‘a person appointed according to local laws to take care of a child’. In the UK, questions of a child’s legal guardianship are typically decided by the family courts, or arise where parents have named a guardian to act if they die. That said, legal systems in other countries follow different procedures. Whether an individual has been duly appointed as a legal guardian ‘according to local laws’ in another jurisdiction is a matter of foreign law. Foreign law is treated as evidence and will usually need to be established by expert evidence (Hussein (Status of passports: foreign law) [2020] UKUT 00250 (IAC) (not reported by LexisNexis®UK)). Such expert evidence may include a letter from a lawyer qualified in the relevant jurisdiction, confirming the process by which the...
Refer to the relevant Practice Notes: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability (covering pre-revenue businesses) and Applying for a Workers and Temporary Workers sponsor licence: procedure (concerning licence re-application). Cooling off period and who it applies to If a sponsor licence application is refused, the Home Office will, in most cases, impose a cooling off period. This is typically six months, though in some situations it can be as long as five years. The Home Office may choose not to apply the cooling off period, for example where documents were provided late, or where a representative submitted the application. See Practice Note: Applying for a Workers and Temporary Workers sponsor licence: procedure/cooling-off periods...