Legal Practice Notes

Prepare the claim form The claimant must complete Form N208, setting out clearly and in full: confirmation that CPR 8 governs the procedure; the issue for the court to determine, or the relief sought together with the legal foundation for claiming that relief in the claim form; where reliance is placed on a statutory provision, identification of that enactment, for example the Inheritance ( Provision for Family and Dependants) Act 1975; if the claimant proceeds in a representative role, what that role is and how it applies; if the defendant is pursued in a representative role, what that role is. The defendants should comprise the deceased’s personal representatives and any beneficiaries who need to be joined as necessary parties. Ordinarily, residuary beneficiaries are added, as they are the most likely to be impacted by any order. It can also be...

This Practice Note surveys how mobile network operators ( MNOs) share networks and physical assets. By outlining the principal forms of infrastructure sharing, the commercial rationale, operating models, competition considerations, and likely developments, it offers a concise guide to managing legal and regulatory exposure in the UK... Although negotiating network and facilities sharing is complex, doing so can deliver meaningful gains for MNOs. Co-ordinated sharing continues to unlock notable cost efficiencies, whether through alliances with direct competitors or partnerships with independent tower operators and facilities providers. Even so, as this Note underlines, it is essential to address and control the inherent legal and regulatory risks when drafting, negotiating, and finalising such arrangements... Brexit This Practice Note concentrates on the UK market and evaluates the applicable UK competition law. The emphasis is on block exemptions that may apply to the sharing structures discussed. These...

This Practice Note explores the legal definition of marriage, including marriages between same-sex couples. It also reviews case law on capacity to marry and the procedural requirements for marriage. The principal statutory provisions are found in the Marriage Act 1949 ( MA 1949) and the Marriage Act 1994 ( MA 1994). This Note addresses both the formal steps required for a valid marriage and the ability to marry. The Marriage and Civil Partnership ( Minimum Age) Act 2022 ( MCP( MA) A 2022), in force from 27 February 2023, amends MA 1949 by raising the minimum age for marriage from 16 to 18, ending provisions that allowed 16–17-year-olds to marry with parental or judicial consent (see: LNB News 10/08/2022 22)... General principles General principles have been examined in cases concerning capacity to marry within the courts. In Re SK (vulnerable adult capacity), Wood J...

This Practice Note summarises the court’s powers when making a special guardianship order ( SGO), including decisions about a child’s surname and any removal from the jurisdiction. It also sets out what becomes of existing orders once an SGO is made and the need to consider whether to make a child arrangements order with contact provisions. Existing orders Making an SGO does not, by itself, end any order made under section 8 of the Children Act 1989 ( Ch A 1989) (an s 8 order). Before granting an SGO, the court must specifically consider whether any existing s 8 order should be varied or discharged. The governing test is whether it is in the child’s best interests for an existing order to remain operative. If a CAO with contact provisions stays in force and there is an...

STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect and apply. Competitions commencing on or after that date must proceed under PA 2023, while procurements started under the earlier regimes — 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 overseen in line with those rules and procedures accordingly. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This material concerns the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 ( PA 2023). For practical guidance on light touch contracts under the former legislation, see Practice Note: Considerations when authorities procure contracts that are not subject to the full...

CASE HUB (date of judgment—14/03/2017) See further: timeline and related/relevant cases Case facts ARCHIVED — this case hub, now archived, captures the position as at the decision dated 13 March 2017 and is no longer being maintained. Outline An appeal was lodged against the General Court’s judgment dismissing an action seeking annulment of the Commission’s decision of 24 May 2012. That decision refused Evonik Degussa Gmb H’s request for confidential treatment of information supplied by Degussa in the context of leniency, intended for inclusion in the published version of the ' Hydrogen peroxide and perborate cartel' decision......

This Practice Note outlines key legal effects of marriage. It details the spouses’ financial duties to one another and rights of occupation in relation to the family home. It considers how spouses are treated for tax purposes. It also addresses the impact of marriage on a father’s parental responsibility for his children, and sets out the position of spouses on death... A marriage can only be ended by a decree of divorce or nullity Under the law of England and Wales, a marriage may only be brought to an end by a decree of divorce/final order or by nullity. A decree of judicial separation does not end the marriage. See Practice Note: Void and voidable marriages. The Divorce, Dissolution and Separation Act 2020, in force from 6 April 2022, removed the requirement to prove one of the five facts in section 1(2) of the...

This Practice Note This Practice Note addresses London Court of International Arbitration ( LCIA) arbitration proceedings conducted under the LCIA Arbitration Rules 2020 (the LCIA Rules), which took effect on 1 October 2020. For practical guidance on arbitrations under the earlier LCIA Arbitration Rules 2014 and 1998, see the corresponding Practice Notes here: LCIA arbitration—overview. As a general point, when a dispute arises, parties and their advisers should scrutinise the dispute resolution clause in the relevant agreement. If the clause mandates arbitration, they ought to confirm: any limitation period (contractual or statutory) within which the arbitration must be commenced—see Practice Notes: Limitation periods in arbitration ( England & Wales) and Foreign Limitation Periods Act 1984 any pre-arbitration steps (particularly any form of alternative dispute resolution ( ADR)) that are to be undertaken before commencing arbitration—see Practice Note: AA...

Procedural directions and timetable Once the LCAM Board has confirmed the appointment ( Article 18.1), the LCAM Secretariat passes the matter to the Arbitration Tribunal. Under the LCAM Rules, the Arbitral Tribunal enjoys broad latitude in shaping the procedure and managing the progress of the arbitration. Articles 19.1 and 19.2 provide that, subject to the Rules and any party agreement, the Tribunal may run the arbitration as it deems suitable, provided it acts impartially, pragmatically and expeditiously, while ensuring each party has an equal and reasonable opportunity to present its case. This discretion must be exercised within the framework of the LCAM Rules and any arrangements reached by the parties, and at all times the Tribunal should balance efficiency with fairness. Nevertheless, there are several key features of the LCAM Rules that both the Tribunal and the parties should keep in...

Various issues can surface when land ceases to be used for agriculture, whether through disposing of it entirely out of farming or by diversifying operations within an ongoing farming business. Overage Developers (and others) continue to purchase agricultural land while holding short- or long-term aspirations of securing planning permission for residential or commercial schemes. The difference in value with, compared to without, such consent is pronounced. Accordingly, when acting for the seller, you should evaluate including an overage (sometimes referred to as ‘clawback’) arrangement in the sale contract, so the seller, or successors in title, can share in any uplift in the land’s value that arises once planning permission is granted. For further guidance, see Practice Note: Overage—advice to clients and Negotiating overage—acting for the seller—checklist. Sporting rights Agricultural land can be burdened by sporting rights (eg shooting and fishing) held by third parties, either...

Introduction A joint study and bid agreement ( JSBA) is typically a contractual framework widely used in the oil and gas sector when several parties are weighing up a combined bid for a petroleum agreement. Ordinarily, international oil companies receive opportunities over oil and gas acreage through a host government bid round, in which the host Government encourages rivalry among industry participants for the grant of certain oil and gas exploration and production rights. Applications and bidding can also proceed ‘out of round’ on an ad hoc basis. Commonly, the host government will set out relevant deadlines, technical criteria, and procedures to be observed by interested oil companies during the bidding phase, to be followed as part of the bidding process. A JSBA is a concise, unincorporated joint venture that defines the limits within which the parties will apportion...

What is an interim order? An interim order ( IO) is a judicial order that stops legal action from starting or continuing against a debtor intending to propose an individual voluntary arrangement ( IVA). This also prevents a creditor from presenting a bankruptcy petition. Securing an IO is no longer required to submit an IVA proposal. The IO’s role is to afford the debtor time to develop the arrangement without harassment or demands from the debtor’s creditors. It is comparable, although not identical, to the statutory moratorium that occurs within other parts of the insolvency regime, for example administration. Its purpose is to create breathing space for careful consideration of proposals without undue creditor pressure......

For arbitration proceedings seated in Italy and commenced after 28 February 2023, the reformed CPC (s 818) authorises arbitral tribunals to grant interim measures where the parties have agreed in advance, including by incorporating third‑party rules within their arbitral agreement, before the start of the arbitration proceeding. The 2023 Reform The amended CPC, s 818 now provides that arbitrators may issue interim measures only if that power is expressly conferred in either: the arbitration agreement, also by incorporating third‑entities’ regulations (eg rules of national or international arbitral institutions); or a written agreement entered into before the commencement of the arbitration proceeding. As noted, this regime applies to arbitration proceedings begun after 28 February 2023. Arbitral tribunals shall have exclusive jurisdiction in relation to interim measures after the acceptance of the appointment by the tribunal. Before this moment, or if the arbitral tribunal is not expressly granted such power...

Contravention of an enactment This Practice Note explores when breach of a statutory duty or restriction, often termed 'illegality', may constitute a potentially fair reason for dismissal, namely where the job cannot be carried out without a requirement imposed by or under statute being broken, whether by the employee or the employer. It examines the significance of the employer’s belief regarding the alleged contravention, the overlap with some other substantial reason ( SOSR) as a justification for dismissal, and includes relevant examples. It also sets out the procedural steps expected for such dismissals and the implications of the Acas Code of Practice. One potentially fair ground for dismissal is that the employee could not continue in the role they held without a statutory duty or restriction being contravened (by either party). See Precedent: ET3 Response to unfair dismissal...

This Practice Note reviews provisions on multi-party and multi-contract matters in the International Dispute Resolution Procedures ( Including Mediation and Arbitration Rules) (the International Rules), revised and effective 1 March 2021. For an introduction to the International Rules, and guidance on commencing and responding to ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier editions of the International Rules, see: ICDR arbitration—overview. For guidance on the American Arbitration Association® ( AAA), see: AAA arbitration—overview. Consolidation and joinder—the 2021 amendments to the International Rules The consolidation and joinder provisions are considered in detail below. Because these procedural rules are extensive, it is useful to emphasise the purpose and effect of the 2021 amendments to the International Rules. The ICDR has indicated that the revisions set out in ICDR, arts 8 ( Joinder) and 9 (...

ARCHIVED This Practice Note has been archived and is not maintained. STOP PRESS This Practice Note is under review in light of the decision in Sit Kwong Lam v Petrolimex Singapore Pte Ltd [2019] HKCA 1220 and related jurisprudence. Even where the parties have agreed an arbitration clause, once a dispute arises, one side may decide it no longer wishes to arbitrate. In those circumstances, that party might commence court proceedings to resolve the dispute instead, through the courts. The reasons for such a stance can be varied; for example, the dispute may involve three parties, one of whom is not bound by the arbitration agreement. Where litigation is issued notwithstanding a valid arbitration agreement, the counterparty may: consent to the court determining the matter, in which case the court proceedings will then continue apply to the court to stay the court...

This Practice Note examines the recognition and enforcement of arbitral awards in the British Virgin Islands ( BVI). The Arbitration Act 2013—an introduction to recognition and enforcement of arbitral awards in the BVI On 1 October 2014, the Arbitration Act 2013 (the Arbitration Act 2013) took legal effect in the BVI. The Arbitration Act 2013 superseded the Arbitration Ordinance 1976 (the old Act) and constitutes a modern arbitration statute. The Arbitration Act 2013 was crafted to address the deficiencies of the old Act. It adopted the UNCITRAL Model Law, with certain limited amendments and supplementary provisions. As one would anticipate of legislation rooted in comity, the Arbitration Act 2013 expressly stipulates that, when interpreting its provisions, the courts must take account of its international origin and the necessity of promoting both uniformity in its application, and the consistent observance of good faith. As a further complement to the...

This Practice Note outlines several frequently encountered assignment situations and the principal points to bear in mind when dealing with them, including intra-group transfers, the assignment of debts, and warranties. For insight into the requirements for a valid contractual assignment, see Practice Note: What constitutes a valid assignment of a contract? For practical and commercial factors relevant to assigning contractual rights, see Practice Note: How to assign rights under a contract. Intra-group assignment Companies within a group commonly wish to be able to transfer contractual rights between entities without obtaining consent, as a matter of internal flexibility. This can be particularly relevant where an assignee may later cease to belong to the assignor’s group. In such circumstances, the assignee might be required to assign the rights back to the assignor, or to another member of the assignor’s group, immediately on ceasing to be part of the...

Introduction The ABI Model Form of Guarantee Bond first appeared in 1995, with a revision in 2002 to add a reference to the Contracts ( Rights of Third Parties) Act 1999. A copy can be found here: ABI Model Form of Guarantee Bond. An explanatory guide accompanies the form. According to the ABI’s explanatory guide, the Model Form emerged after an extensive consultation with government and local authority advisers, commercial users, bodies from the construction and engineering sectors, leading construction firms and insurers, in order to address the House of Lords’ criticism of outdated bond wordings in the Trafalgar House case. The guide also sets out the objectives of the Model Form in greater depth and includes commentary on the drafting. In essence, the objective was to deliver a concise, short-form conditional bond wording, written in plain, contemporary language, intended to achieve a fair...

ARCHIVED : This Practice Note has been archived and is not maintained . This Practice Note explores how state immunity is addressed in Hong Kong, with a particular emphasis on arbitration. Once a British colony, Hong Kong was returned to the People’s Republic of China ( PRC) on 1 July 1997. Since then, the PRC has exercised sovereign authority over the Hong Kong Special Administrative Region ( HKSAR) under the ‘ One country, Two systems’ principle set out in The Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, Chapter 2101 (the Basic Law), the HKSAR’s constitutional charter. The HKSAR enjoys a substantial degree of autonomy and maintains an independent judiciary distinct from China. In particular, art 2 of the Basic Law provides that the National People’s Congress authorises the HKSAR to exercise a high degree of...