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ARCHIVED: This Checklist has been archived and is no longer maintained. For up-to-date guidance, please refer to: Governing law and jurisdiction clauses in commercial contracts―checklist. Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in line with the Withdrawal Agreement, the UK entered an implementation period, during which it continues to be subject to EU law. This affects this Checklist. For further guidance, see Brexit Bulletin—key updates, research tips and resources, and the Brexit collection. This Checklist assesses the implications of Brexit for drafting and negotiating dispute resolution clauses. It looks at the position regarding: Applicable law clauses (also referred to as governing law clauses or choice of law clauses) Jurisdiction clauses The enforcement of judgments The service of documents...
ARCHIVED: This Checklist is archived and no longer maintained. Brexit: as of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in line with the Withdrawal Agreement, the UK entered an implementation period, during which EU law still applies. This affects this Checklist. It should be read with this context firmly in mind. For further guidance, see: Brexit Bulletin—key updates, research tips and resources, and the Brexit collection. On 3 February 2020, the UK and the EU set out their opening negotiating positions for a post‑Brexit UK‑EU relationship. Although the Political Declaration, appended to the Withdrawal Agreement, provides the framework for the future relationship with the EU, it is not legally binding, so either side may choose to depart from parts or all of the text. If talks on a trade agreement between the UK and the EU fail (a no trade deal Brexit), the UK’s trade with the EU would proceed on World Trade Organization (WTO) terms. This Checklist...
ARCHIVED: This Checklist is archived and no longer maintained. Brexit: From exit day (11 pm on 31 January 2020), the UK ceased to be an EU Member State. Nonetheless, under the Withdrawal Agreement, the UK entered an implementation period during which EU law continues to apply, which affects this Checklist. For additional guidance, refer to Brexit Bulletin—key updates, research tips and resources, and the Brexit collection. On 3 February 2020, the UK and the EU published initial negotiating stances on a future UK-EU relationship after Brexit. Although the Political Declaration, which accompanies the Withdrawal Agreement, outlines the framework for future ties with the EU, it is not legally binding, so either party may decide to deviate from parts or all of it, and outcomes could therefore differ from that text. If talks on a UK-EU trade agreement fail (a no trade deal Brexit), UK-EU trade would default to World Trade Organization (WTO) terms. This Checklist highlights the principal points to consider when selling goods from the UK for supply...
This Checklist This Checklist outlines practical due diligence actions for selecting and overseeing agents or representatives, such as verifying ownership and control, evaluating country and payment risks, defining scope and remuneration (including success fee exposure), confirming competence and credentials, and making sure fees, licences and facilitation payment controls are consistent with the company’s anti-bribery requirements. Practitioners supporting clients with appointing and supervising agents or representatives should reflect on the following: every agent or representative of the business should be subject to due diligence the company must undertake its own enquiries and augment any information with newspaper or web-based research to satisfy itself regarding each agent whether the company has analysed and documented the rationale for, and the procedure by which, an agent was appointed...
AMR represents a mounting global public health threat, with some analyses attributing up to five million deaths each year. It is therefore unequivocally a core ESG priority for life sciences. In a year poised to be pivotal for coordinated action—underscored by its profile at the UN High Level Meeting in September 2023—the government has set out firm pledges. It has released the Second 5 year AMR National Action Plan for 2024–2029 (the Action Plan) (see: LNB News 08/05/2024 25), designed to advance the UK’s 20 year vision to contain AMR by 2040 and acting as a key strand of the UK’s recently revised Biosecurity Strategy. The Action Plan frames commitments across four pillars: cutting the need for, and unintended exposure to, antimicrobials; optimising antimicrobial use; driving innovation, and ensuring supply and access; acting as a responsible global partner. We highlight below ESG developments pertinent to life sciences. Market failures The Action Plan prioritises boosting R&D and remedying entrenched market...
In this issue: Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Latest Q&A Energy efficiency and buildings The Department for Energy Security and Net Zero (DESNZ) has issued its 2025 post‑implementation review (PIR) of the Energy Savings Opportunity Scheme (ESOS) Regulations 2014 (SI 2014/1643). Using Phase 3 compliance notifications from the Environment Agency, together with unpublished interim data from Phase 3 action plans, and building on the 2020 PIR, it recommends holding off any major amendments to the ESOS Regulations until a full evaluation ends in May 2026, after which a comprehensive PIR will be completed. The research evaluates how energy audits and reporting identify and deliver energy efficiency savings across organisations. See: LNB News 14/08/2025 6...
In this issue: Equity capital markets Corporate governance Public company takeovers (Offers) Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Useful information Equity capital markets FCA publishes consultations and policy statement aimed at capital markets reform The Financial Conduct Authority (FCA) has unveiled a suite of measures intended to reinforce the UK’s capital markets. These include: a consultation on proposed rules to create the new Public Offers and Admissions to Trading Regime (POATRs), which will replace the current UK Prospectus Regulation; a consultation setting out proposals for a new activity of operating a public offer platform; and a consultation on derivatives trading obligations designed to improve secondary market regulation, cut systemic risk and minimise disruption for firms. The package also contains policy statement PS24/9, Payment Optionality for Investment Research. See: LNB News 26/07/2024 25. FCA publishes updated checklists and forms following implementation of UK...
Family business culture Given the relatively high expense of sourcing and appointing senior staff, holding on to the right people with the right expertise is vital for any firm, and even more so for a family-run enterprise where hiring can be tougher than for rivals. Working in a family company brings upsides; research points to greater loyalty, satisfaction, flexibility and security. Yet drawbacks can appear, such as ambiguity, perceived unfairness, muddled accountability and family politics. The task is to bring in senior leaders who align with the culture and to ensure they are incentivised to remain and help grow the business. Therefore, a family business must shape recruitment and induction so they reflect its distinctive culture and complexity. Not every senior executive will thrive in a family setting, and cultural alignment may, in the end, matter as much as formal credentials. This must be weighed against the need to attract high-calibre people and keep them engaged for the long haul. Practical measures available to family firms include supporting new...
Qualifying R&D expenditure (pre-1 April 2024) This Practice Note sets out the scope of qualifying expenditure for two R&D relief schemes, each subject to detailed commencement and transitional provisions: the research and development relief for small or medium-sized enterprises (SMEs) for accounting periods beginning before 1 April 2024—see Practice Notes: SME R&D relief—additional deduction (pre-1 April 2024) and SME R&D relief—tax credit (pre-1 April 2024); and the R&D expenditure credit scheme applying to accounting periods beginning before 1 April 2024—see Practice Note: R&D expenditure credit (pre-1 April 2024). Together, this Practice Note refers to these as the pre-1 April 2024 schemes. For information about the reliefs generally applying to accounting periods beginning on or after 1 April 2024, see Practice Notes: The merged R&D expenditure credit (post-1 April 2024) and Enhanced relief for R&D-intensive loss-making SMEs (post-1 April 2024). For details on what counts as qualifying R&D expenditure for those two post-1 April 2024 schemes, see Practice Note: Qualifying R&D expenditure...
FORTHCOMING CHANGE: Agricultural Minimum Wage rates are ordinarily reviewed each year by the Agricultural Advisory Panel for Wales (the Panel). As the recruitment of a new Chair is still underway, the Panel has not been able to finalise an Agricultural Wages Order for 2026. Accordingly, from 1 April 2026 the rates set out in the Agricultural Wages (Wales) Order 2025, SI 2025/293, will continue to apply, except where superseded by changes to the National Minimum Wage (NMW) or National Living Wage (NLW). This Practice Note will be updated to reflect any amendments introduced by the Agricultural Wages Order for 2026 once it is made. FORTHCOMING CHANGE: Relevant provisions (not yet in force) of the Tertiary Education and Research (Wales) Act 2022 will create a new scheme of apprenticeships in Wales, replacing the current regime under Chapter 1 of the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA 2009), from a date yet to be determined. This Practice Note is a guide to the key elements of employment...
[ insert address of sender ] Our ref: [ insert reference ] Your ref: [ insert reference ] [ insert address of recipient ] Date: [ insert date ] Dear [ insert organisation name ] Submission to [ insert company name ] Thank you for wishing to send a submission to [ insert company name ]. You will understand that we receive many submissions from a wide range of individuals and organisations. Our company maintains an active research and development function and, at any moment, we are engaged in numerous research and development projects across various fields. On occasion, you may provide an idea or materials relating to work you have created or research you have carried out and, independently, we may have developed or researched something similar, or already hold comparable information. In those circumstances, by agreeing to keep the information within your submission confidential, we would not wish to be limited in what we can do with...
This Agreement is entered into on [ date ], between the following: Parties [ insert name ], being of [ insert address ] OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ([ Party A ]); [ insert name ], being of [ insert address ] OR a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ([ Party B ]); (together, the Parties, and each, individually, a Party). Background [ Party A ] is engaged in the business of [ insert description of Party A’s business ]. [ Party B ] operates in the business of [ insert description of Party A’s business ]. The Parties have agreed to collaborate in a programme of research and development work in relation to [ insert...
File content type Action Retainer materials (i.e. client care letter, instructions, conflict check, opening letter to the client, etc): Keep File and attendance notes, correspondence and emails (i.e. communications): Keep Pleadings: Consider retaining for the firm’s precedent bank, in anonymised form with all personal data removed Client documents that existed before the retainer: Return to the client. Consider whether you should create and keep a copy Original documents produced by the firm for the client, e.g. agreements, leases, etc: [ Insert your firm’s usual arrangements, eg Retain in accordance with records management policy, provide a copy to the client ] Case law: List and destroy, or consider keeping for the firm’s research files Drafts of documents/agreements: Keep Experts’ reports: Keep Research: Consider retaining for the firm’s research files Time/calendar entries: Keep Accounting records: Keep [ [ Insert next type of content ] [ Insert next action ] ] ...
BREXIT At 11pm (GMT) on 31 December 2020—known as ‘IP completion day’—the transition/implementation period entered into following the UK’s withdrawal from the EU came to a close. From that point onwards, key transitional arrangements came to an end and wide‑ranging changes started to take effect across the UK’s legal regime. This document provides guidance on subjects affected by these changes. Before continuing your research, see: Brexit and financial services: materials on the post‑Brexit UK/EU regulatory regime [Archived]. This Q&A assesses the impact of Brexit on passporting in the insurance sector, outlines the options available to insurers to continue to access the European Economic Areas (EEA), and highlights the factors for insurers to take into account in their contingency planning. This Q&A is produced in partnership with Clare Swirski at Clifford Chance. What are the main aspects of passporting under Solvency II?...
In answering this Q&A The research is confined to situations in which a company has duly executed one counterpart of a contract, yet the witnessing clause for the other party’s execution is completed incorrectly...
The powers of a parish council Our research has focused on authority to take decisions. Nonetheless, particular issues arise for a public authority deploying ANPR cameras, and these must be weighed, alongside the public procurement ramifications of any contractual arrangement. A parish council is limited to acts expressly or implicitly permitted by statute or by subordinate legislation. More broadly, local authorities are generally empowered by statute to do anything calculated to facilitate, or conducive or incidental to, the carrying out of their functions, as set out in section 111 of the Local Government Act 1972 (LGA 1972). These limits and enabling powers frame any such decision-making process...