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ARCHIVED: Checklist This archived Checklist outlines factors to bear in mind when advancing a matter before the Singapore International Commercial Court (SICC), covering pre-action and the commencement of proceedings. It is not maintained and is supplied for background information only. Pre-action Select your chosen ‘counsel’. Permissible options are: an advocate and solicitor; a person admitted to practise as an advocate and solicitor under section 15 of the Legal Profession Act (Cap 161) (an ad hoc admission); a foreign lawyer holding full registration under Legal Profession Act (Cap 161), s 36P. A foreign lawyer with the alternative ‘restricted registration’ may only undertake what is allowed by Legal Profession Act (Cap 161), s 36P(2). Consider whether an application for pre-action production of documents is necessary...
In this issue: Repairing obligations and dilapidations Easements and covenants Enforcing security and property insolvency Rents and rates Disputes and remedies Neighbour and party wall disputes Residential tenancies Key developments and horizon scanning Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Latest Q&As Repairing obligations and dilapidations Supreme Court confirms section 135 of the BSA 2022 has retrospective reach for claims tied to DPA 1972, s 1 (URS Corporation Ltd v BDW Trading Ltd) In URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21, the Supreme Court rejected all four appeal grounds. It concluded that the retrospective limitation window in section 135(3) of the Building Safety Act 2022 embraces not only claims brought squarely under section 1 of the Defective Premises Act 1972 (DPA 1972), but also any causes of action that rely on the DPA 1972, s 1...
Practice and procedure In this issue: Practice and procedure Private children Public children Court of Protection LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New legislation New Q&As Useful information Courts and tribunal opening times over Easter 2024 HM Courts and Tribunals Service has confirmed a temporary closure for the Easter period from 29 March to 1 April 2024, reopening on 2 April 2024. A small number of magistrates’ courts will sit on 30 March and 1 April 2024, restricted to remand hearings only. Monday hearings paused in the Royal Courts of Justice Family Division From 9 April 2024 until 30 April 2025, the Family Division of the High Court at the Royal Courts of Justice will not list hearings on Mondays. Cases already listed on Mondays will proceed as planned. Administrative support for the Family Division—including listing, court associates, ushers and general office functions—is provided by the...
Z v Commerzbank and others [2024] EAT 11 What are the practical implications of this judgment? Practitioners advising on matters involving allegations of a sexual offence should take note of this decision, and in particular its reading of SO(A)A 1992, s 1(1), which imposes a lifelong bar on publication of material likely to lead members of the public to identify the alleged victim of certain sexual offences. The EAT ruled that, for the SO(A)A 1992 protection to arise, there must be a formal allegation within the context of potential criminal proceedings where a charge for the relevant sexual offence could be pursued (e.g. a complaint to the police). Consequently, raising such an allegation in employment tribunal proceedings alone (as occurred here) does not secure that protection. Practitioners should also note the finding that, if an employment tribunal concludes that the account underpinning an anonymity and/or restricted reporting order was fabricated, that may amount to a material change of circumstances warranting revocation of the order. What...
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...
What is a s 257 order? Section 257 of the Town and Country Planning Act 1990 (TCPA 1990) concerns footpaths, bridleways and restricted byways that are impacted by development. It empowers a ‘competent authority’ to permit the stopping up or diversion of these routes where they are satisfied it is required to facilitate development being undertaken either: in line with planning permission issued under TCPA 1990, Pt III or TCPA 1990, s 293A (see: Necessary for development to be carried out below), or by a government department. TCPA 1990, s 257 further enables an order to be made ahead of the grant of planning permission, where the stopping up or diversion would be required if planning permission were granted, with such an order only capable of being confirmed once planning permission has in fact been granted. These powers apply to routes affected by development...
Practice Note This Practice Note outlines the principles governing costs in children proceedings, across private and public cases alike, and identifies the restricted circumstances in which a costs order might be made. Generally, it is rare indeed for the court to impose a costs order in children proceedings; however, these proceedings still fall under the overarching rule that the court may, at any time, make such order as to costs as it considers just in the circumstances...
ARCHIVED: This Precedent is archived and is no longer maintained. STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are now in force...
This precedent memorandum outlines the processes to be observed by a listed company and its subsidiaries when transacting in the company’s securities. Its aim is to support the company in meeting its duties under the UK Market Abuse Regulation (Assimilated Regulation (EU) 596/2014) and to confirm that appropriate systems and procedures exist to help persons discharging managerial responsibilities (PDMRs) and other staff within the company and its subsidiaries fulfil their responsibilities under the company’s Dealing Code and the UK Market Abuse Regulation. This precedent arises from an industry‑led creation of codes, guidance and best practice produced by The Chartered Governance Institute (formerly known as ICSA: The Governance Institute), GC100, the Quoted Companies Alliance and other market participants. Additionally, the memorandum addresses dealing processes across the company and its subsidiaries, associated clearance requirements and potential refusal circumstances. Index No. Content Page Introduction [ page number ] Part A—General dealing requirements [ page number ] 1. Dealings by Restricted Persons [ page number ] 2....
ARCHIVED: This Precedent is archived and no longer maintained. STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are now in full effect. Procurements started on or after that date must proceed under PA 2023, while those initiated under the earlier legislation (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 procured and managed pursuant to that framework. Refer to Practice Note: Introduction to the Procurement Act 2023—PA 2023...
A well-known problem amongst procurement professionals A widely recognised headache for procurement practitioners arises from the duty in regulation 53 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (PCR 2015, SI 2015/102, reg 53). It requires the ‘procurement documents’ to be accessible at the time a public contract is advertised in the Official Journal of the European Union (the Official Journal, or OJEU). In essence, contracting authorities must use the internet to provide unrestricted, complete and immediate access, at no cost, to those documents from the day a notice, issued under regulation 51, appears in the Official Journal, or from the day an invitation to confirm interest is dispatched. The issue most often raised, particularly for public procurements run under the restricted procedure (and comparable routes that involve a pre-qualification phase ahead of the award stage), is whether the invitation to tender and the specification must already be available when the contract notice is published in the OJEU. Timing this disclosure often proves challenging for contracting authorities...