Simple procedure meaning

Pre-emption period Ensure the agreement specifies a defined period during which the buyer enjoys the benefit of the right of pre-emption, with that entitlement confined to the stated timeframe. Trigger event Consider whether the event that obliges the seller to offer the property to the buyer (often captured by the definition of ‘Disposal’) is drawn too broadly. For example, will granting a lease at a rack rent set off the pre-emption right? Many sellers regard such lettings as simple upkeep of their investment in the property. Also think about carving out from ‘Disposal’ (or the pre-emption trigger) a contract for sale of the property that is conditional upon the right of pre-emption being exhausted. This can assist a landowner when concluding a sale with a third party, particularly where it is plain that the buyer has no intention of exercising the option. Avoid phrasing the trigger as arising when the seller ‘proposes to dispose’ of the property, as that may merely invite a dispute about precisely when...

Dr Rach a el Kent v Apple Inc and Apple Distribution International Limited [2025] CAT 67 What are the practical implications of this case? The ruling marks a significant win for claimants, following the dismissal of the first two collective actions to reach trial—Justin Le Patourel v BT Group Plc and Another [2024] CAT 76 and Justin Gutmann v First MTR South Western Trains Ltd and Others [2025] CAT 64. More generally, it engages with a number of key questions in competition law and procedure. The decision also makes notable findings on how a company’s interconnected product suite—here, Apple’s wider digital ‘ecosystem’—should be considered when evaluating market definition, dominance and abuse. The assessment is framed within Apple’s holistic digital ‘ecosystem’, which brings together: (1) the hardware (ie the iPhone or iPad); (2) the iOS operating system; (3) iOS applications installed on the device; and (4) services for iOS users, including the App Store. Apple argued that the overall ecosystem, and the advantages it confers on...

Duffy v Birmingham City Council [2026] EWCA Civ 146 What are the practical implications of this case? Failure to meet compulsory rules regulating the format or contents of a costs bill does not, of itself, render it void. Even where the mandatory certification confirming compliance with the indemnity principle is absent, a signed bill may nonetheless be validly served and remains sufficient to commence detailed assessment proceedings. Accordingly, paying parties ought to engage with the detailed assessment procedure rather than presuming an alleged irregularity is fatal. Any contention about the bill’s structure or contents should be articulated in Points of Dispute and served within the prescribed time limits. Where a default costs certificate has been obtained, the simple absence of an express indemnity certification will not, without more, make the bill invalid so as to justify setting the certificate aside as of right. Receiving parties should diligently check bills both pre‑service and post‑service and take prompt steps to correct any defects or omissions identified, ensuring any...

This Practice Note outlines equitable execution and sets out the procedure to follow when seeking an order appointing a receiver by way of equitable execution. What is equitable execution? Equitable execution is the court’s appointment of a receiver to collect income produced by a judgment debtor’s assets. That receiver oversees those income streams and makes payments to the judgment creditor to clear the judgment debt, without conferring any entitlement on the creditor to the underlying asset. This is a different kind of receiver from those encountered in insolvency. Equitable execution is not an insolvency process and the creditor gains no proprietary interest or secured standing. It is neither a simple nor inexpensive mode of enforcement and, often, securing a third party debt order or a charging order will be the preferable way to enforce a judgment debt. Nevertheless, where the standard enforcement routes are unsuitable or unavailable, equitable execution may offer a viable path. Equitable execution is largely governed by case law...

This Practice Note considers the practical matters that commonly arise in connection with an employment settlement agreement (previously referred to as a compromise agreement). It also highlights the likely tax considerations and signposts our related Practice Notes for fuller guidance. For details of the legal requirements (that is, the conditions governing settlement agreements) that must be satisfied for an agreement to be binding and effective to compromise statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements Parties to the agreement Where the employer is an individual, or a company with a straightforward corporate set-up, the parties to the settlement agreement will be the employer and the employee, with no necessity to mention third parties. However, the identity of the employing entity may not be simple, eg within a more complex group structure where: the employee works, or has worked, for other companies in the employer’s group, eg on secondment the employee performs their duties for one company but is paid by another...

This Practice Note explores when, why, and the ways in which you may seek declaratory relief (a declaration from the court), together with the considerations the court will apply when exercising its discretion. It outlines the current position and offers practical direction on interpreting and applying the relevant CPR provisions. Depending on the forum in which your matter proceeds, you should also be alert to additional provisions—see further: Court specific guidance below. For guidance on using declarations in cross-border disputes, see Practice Note: Cross-border injunctive and declaratory relief—a guide for dispute resolution practitioners. What is declaratory relief? Also known as a declaratory judgment or a declaration, it is a discretionary remedy that a party may ask the court to grant. In simple terms, it is a statement by the court made at the request of a party. The court may declare parties’ rights, confirm the existence of facts, or state a principle of law, where those rights, facts, or principles have been proved to the court’s satisfaction (Financial...

Nature of the clause This Precedent is a short-form clause designed for business-to-business (B2B) commercial contracts made between businesses, providing for mandatory mediation in the event a dispute arises out of the agreement. The clause requires the parties to seek to settle disputes arising between them under this clause. Unlike litigation or arbitration clauses, its purpose is for the parties to attempt to resolve the matter with the assistance of a mediator, without the need for formal contentious proceedings. What is mediation and why have a mediation clause? Mediation is a form of alternative dispute resolution (ADR) in which an independent third-party mediator follows a structured process to facilitate an agreed settlement between parties to a dispute. It is, by its nature, a non-binding dispute resolution process; that is, any agreement reached in mediation only becomes binding on the parties if they enter into a settlement agreement. Mediation affords the parties a high degree of control compared with litigation and offers a collaborative process for dispute resolution....