Published on: 25 February 2026
Published by a LexisNexis Competition expert
The CAT issued its ruling in Mr Patrick McAuley v Faculty of Advocates Services Ltd, considering Mr McAuley’s request for permission to appeal the CAT’s judgment of 25 October 2025, which had struck out his claim under section 47A of the Competition Act 1998 against Faculty of Advocates Services Ltd (the defendant). The ruling also addressed Mr McAuley’s application under Rule 114(3) of the CAT Rules for corrections, together with the defendant’s bid for its expenses in the proceedings, to be taxed by the Auditor of the Court of Session (the CAT’s 2025 judgment).
Mr McAuley alleges the defendant infringed the Chapter I and Chapter II prohibitions of the Competition Act 1998 by refusing to take instructions to act for him in two matters where he is appearing as a self-represented solicitor. He further claims the defendant declined to supply advocacy services and directed all advocates within the faculty not to provide services to him. In refusing permission to appeal, the CAT held that it had properly evaluated the case as pleaded, which focused on a refusal to provide formal court representation...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...