“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
1 High PavementAccess all documents on Statutory particulars
The employer and its advisers ought to reflect on the following matters: Preparatory steps From the employer, gather: a copy of the departing employee’s latest employment contract and any other documents setting out contractual terms (note: these might sit within a staff handbook) particulars of the employee’s contractual benefits pertinent details about the employee’s pension entitlements information on any shares/share options held by the employee; review the Articles of Association, any relevant shareholder agreement, and share scheme documentation. See also Shares and share options below Status of negotiations Will discussions occur directly between the parties, or via their respective legal advisers? How robust is the employer’s bargaining position? How credible are the employee’s existing or potential claims? For any dismissal, is there a fair reason and has a fair procedure been followed? Is the employer in repudiatory breach? What is the employer initially...
The Corporate Insolvency and Governance Act 2020 introduced, on a temporary footing, substantial restrictions on a creditor’s ability to pursue a winding-up order against a company. For guidance on the position prior to 1 October 2021, see Practice Note: Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitions [Archived]. For the regime applying from 1 October 2021 to 31 March 2022 (which included a higher threshold for petition debts and required a creditor to give 21 days’ notice of an intention to present a winding-up petition), see Practice Note: Corporate Insolvency and Governance Act 2022—winding-up petitions from 1 October 2021 to 31 March 2022 [Archived]. Serve statutory demand Prepare a statutory demand that contains the particulars mandated by rule 7.3 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 (see Practice Note: Company statutory demand), and instruct a process server to effect service...
What are the practical implications of this case? This first‑instance ruling confirms that the safeguarding obligations under the EMRs 2011, SI 2011/99 do not establish a statutory trust. It mirrors the Court of Appeal’s determination that the PSRs 2017, SI 2017/752 similarly do not give rise to a statutory trust. The outcome is practically significant for insolvency practitioners: they can proceed on the footing that merchant monies received by firms regulated under either regime fall within the general asset pool, albeit subject to the relevant safeguarding requirements in the regulations. In addition, the judgment provides pragmatic procedural pointers for scenarios where practitioners are unable to remit client monies—for instance, where the merchant cannot be identified or fails to supply banking particulars—thereby suggesting steps that may properly be taken to address such impasses while maintaining compliance with the safeguarding framework...
In this issue: Renters’ Reform Act 2025 updates Key developments and horizon scanning Residential tenancies Repairing obligations and dilapidations Disputes and remedies Trespass and adverse possession Enfranchisement and right to manage Rent and rates Contractual issues Property disputes in Scotland Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Renters’ Reform Act 2025 updates Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026 — SI 2026/324: This instrument prescribes the contents of the written statement of terms and other particulars to be provided for assured tenancies (excluding social housing assured tenancies) under section 16D of the Housing Act 1988, by setting out in the Schedule the mandatory terms and information. For existing tenancies within Schedule 6 to the RRA 2025, the required material...
In this issue: Public procurement Healthcare Social housing Education Governance Children's social care Social care Planning Daily and weekly news alerts New and updated content Latest Q&A Public procurement TCC considers permission for late re-amendments to statement of case in emergency network contract dispute (Airwave v Secretary of State) The case of Airwave v Secretary of State concerned a late bid to re‑amend an Amended Defence. The court declined permission for changes that were predominantly historic and bore no direct bearing on the defendants’ position. By contrast, it allowed re‑amendments with a genuine prospect of success, on condition that the defendants reformulated them as a crisp, self‑contained summary of the specific allegation. The court also emphasised that sweeping cross‑references to documents are unsuitable where concise particulars are required. Although the application was late, it was not treated as very late (i.e. one that would jeopardise the trial timetable), since, with appropriate case...
Practice Note This Practice Note sets out the full procedural guidance for court applications to renew or end a business tenancy, covers interim rent applications, and addresses Professional Arbitration on Court Terms (PACT)...
The Higher Education and Research Act 2017 (HERA 2017) marks arguably the most far-reaching statutory shift in scope and effect for UK higher education since 2004. Under HERA 2017, Pt 1, a fresh regulator for higher education (HE) in England, the Office for Students (OfS), is created, alongside arrangements for a new register of providers across the system. Further particulars on the OfS’s constitution and functioning are set out in HERA 2017, Sch 1. HERA 2017, Pt 2 addresses additional education matters, such as student finance, complaints, and the deregulation of HE corporations in England. HERA 2017, Pt 3 deals with research, forming UK Research and Innovation (UKRI) and defining the research and innovation roles of the councils. Expanded legislative detail is provided in HERA 2017, Sch 9. HERA 2017, Pt 4 attends to general provisions, including co-operation and information sharing between the OfS and UKRI, transitional steps, and pre-commencement consultation. Establishment of the OfS The OfS is a statutory corporate body created by statute. It is not...
The framework of the people with significant control (PSC) regime Introduced on 6 April 2016, the people with significant control (PSC) regime is grounded in Part 21A of the Companies Act 2006 (CA 2006), as updated by sections 81–83 and Schedule 3 of the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015), and by sections 44, 51 and Schedule 2 of the Economic Crime and Transparency Act 2023 (ECCTA 2023). It was devised to curb opacity in corporate ownership, where records often noted only the legal, not the beneficial, holder of shares. The PSC register provides accurate, up-to-date details on who ultimately owns or controls companies and other entities, and this information is publicly accessible on the central registry at Companies House. It informs investors weighing an investment and assists law enforcement during money laundering enquiries. Data on the UK PSC regime is available as a downloadable snapshot containing the full list of PSCs supplied to Companies House. ECCTA 2023 also amends CA 2006 to abolish the requirement...
This Deed comprising a unilateral undertaking is hereby executed on [ insert day ] of [ insert month ] by: Parties [ insert name of developer ] of [ insert address ] (the Developer); and [ insert name of any additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] of [ insert address of relevant party ] (the Owner/Landlord/Mortgagee etc) TO THE [ insert name ] COUNCIL of [ insert address of Council ] (the Council). BACKGROUND (A) The Council acts as the local planning authority for the purposes of s 106 of the 1990 Act for the area within which the Land lies. (B) [ Set out ownership particulars for the Land ]. (C) The Developer has lodged the Application with the Council and the Council has decided it will issue the Permission, conditional upon this Undertaking being completed. [ The Secretary of State has called in the Application for [ his/her...
Contract of employment dated [ insert date ] Parties 1 [ Name of Employer ] [ of [ insert address ] OR a company incorporated in [ England and Wales ] (registered number [ insert number ]) whose registered office is at [ insert address ] ] (we or us); and 2 [ Name of employee ] of [ insert address ] (you). 1 Appointment 1.1 We agree to employ you in line with the terms and conditions contained in this agreement herein. 1.2 [ [ Option 1: Continuity (no previous PERIOD of employment counts): ] Your employment with us under this agreement hereunder [ will commence OR commenced ] on [ insert date ] (the 'Start Date'). Your continuous employment with us [ commenced on OR will commence on ] the Start Date, and no service with any earlier employer is treated as part of your continuous employment with us. OR 1.3 [ Option 2: Continuity...
[ Insert in para 8.2 of claim form ET1 ] The Claimant worked for the Respondent in the role of a [ insert job title, e.g. ‘lorry driver’ ] from [ insert start date of employment ] until [ his OR her OR their ] dismissal on [ insert date ] by reason of redundancy. On the date of dismissal, the Claimant was: 2.1 [ insert number ] years of age 2.2 paid £[ insert number ] per week (gross) [ Insert pertinent factual details explaining why the dismissal was for redundancy ]...
Under section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 Employers are required to inform the Secretary of State for Business, Energy and Industrial Strategy (BEIS) before issuing any redundancy notices and, in any event: where 20 or more dismissals are contemplated within 90 days, no less than 30 days before the first dismissal takes effect where 100 or more dismissals are contemplated within 90 days, no less than 45 days before the first dismissal takes effect For BEIS notification purposes, the full 30- or 45-day interval must pass before the first dismissal occurs. Notification is made on Form HR1, submitted to The Insolvency Service. For additional details, see Practice Note: Collective redundancy—statutory information and consultation obligations, under the heading Obligation to notify BEIS (Form HR1). As stated in the Advance notification of redundancies: guidance for employers accompanying Form HR1, the notification date is ‘the date on which we receive your completed form’. Forms with any required information...
1 Statement of initial employment particulars(1) Where [a worker] begins employment with an employer, the employer shall give to [the worker] a written statement of particulars of employment.[(2) Subject to sections 2(2) to (4)—(a) the particulars required by subsections (3) and (4) must be included in a single document; and(b) the statement must be given not later than the beginning of the employment.](3) The statement shall contain particulars of—(a) the names of the employer and [worker],(b) the date when the employment began, and(c) [in the case of a statement given to an employee,] the date on which the employee's period of continuous employment began (taking into account any employment with a previous employer which counts towards that period).(4) The statement shall also contain particulars, as at a specified date not more than seven days before the statement [(or the instalment of a statement given under section 2(4) containing them)] is given, of—