Legal Practice Notes

Under the loan relationships regime, a key tenet is that a company must recognise profits and losses on its loan relationships for corporation tax in accordance with the accounting treatment applied to those relationships, provided that treatment complies with GAAP. For further detail on the overarching rules for calculating and bringing into account profits and losses on loan relationships for corporation tax, see Practice Note: Loan relationships—the tax main rules. There are, however, circumstances in which the loan relationships code requires the tax position to diverge from the profit or loss shown in the accounts. This can arise where a financial instrument within the loan relationships rules: becomes impaired, or is released (wholly or partly) In these events, the statutory position can differ from the accounting outcome shown in the profit and...

NOTE—to see whether notification thresholds in CEMAC and throughout the world are met, see further: Where to Notify. Introduction Competition in CEMAC is governed by Regulation N. 06/19- UEAC-639- CM-33 of 7 April 2019, Regulation No. 000350 of 25 September 2020, Regulation 00087 of 16 March 2022, and Regulation No. 000140 of 16 March 2023, which amends Regulation No. 000350 ( Second Amendment Procedural Regulations). Mergers that must be notified require the CEMAC Commission’s prior approval before they can be implemented. The framework covers combinations involving legal entities established within the CEMAC area. Under Article 58 of the Regulation, a concentration occurs when: two or more previously independent companies merge, one or more companies acquire, directly or indirectly, control of the whole or part of one or more other companies by equity participation, contract, or any other means, or a joint venture is created to perform, on a lasting basis, all the...

Purpose of the CAS ad hoc Division This division was created to arbitrate disputes that emerge during major sporting events and that must be conclusively resolved within a 24-hour deadline. These cases are determined in line with the CAS Arbitration Rules applicable to the CAS ad hoc division for the Olympic Games ( CAS ad hoc Rules). Usage of the CAS ad hoc Rules The CAS ad hoc Rules have been applied at the following events: the Olympic Games, since 1996 the Commonwealth Games, since 1998 the UEFA European Championship, since 2000 the FIFA World Cup, in 2006, 2018, and 2022 the Asian Games, since 2014 the FIBA Basketball World Cup, in 2023 the UEFA WEURO, in 2025 the FIFA CWC, in 2025 The present CAS ad hoc Rules were established in 2003......

This Practice Note reviews the revised 2012 Criminal Injuries Compensation Scheme, which officially took effect on 13 June 2019. Reasons for reviewing the decision If a crime victim is unhappy with the initial outcome from the Criminal Injuries Compensation Authority ( CICA), whether no award was granted or the sum awarded seems inadequate, they may request that the decision be reconsidered by making an application for review. Be aware there is no assurance that reviewing a CICA decision will lead to a higher award, and the process might conclude with a decision that is less favourable to the applicant. Time limits Where an applicant intends to challenge a CICA decision, the review application must be dispatched so that it reaches the Authority within 56 days of the date on the written notice of the decision. Ensuring confirmed receipt within the stated period is essential for...

This Practice Note offers practical guidance on implementing and enforcing the World Trade Organization’s ( WTO) panel and Appellate Body reports and recommendations. It sets out the norm of prompt compliance and what follows if that prompt compliance is disputed. It also outlines surveillance of compliance and how Member States may pursue compensation for non-compliance or seek authorisation to suspend concessions or obligations under covered agreements. It further explains how disagreements over the meaning of prompt compliance are handled. Introduction The effectiveness of the WTO dispute settlement system depends on the concrete implementation of any finding or recommendation issued by a panel or the Appellate Body. The Understanding on Rules and Procedures Governing the Settlement of Disputes ( DSU) lays down rules to ensure panel and Appellate Body findings and recommendations are carried out. Those rules are intended to ensure it functions as an...

This Practice Note is aimed at UK commercial organisations and is sector-agnostic. It outlines the data protection issues linked to workforce diversity monitoring, including: whether consent is required from the individuals involved whether collecting anonymised data can place you outside data protection rules Large employers commonly gather diversity information and track patterns. Some also share these figures on their intranet and, at times, on public websites. In certain industries, regulators require disclosure; for instance, law firms must submit diversity data to the Solicitors Regulation Authority. Why is data protection relevant to diversity monitoring? The UK General Data Protection Regulation applies whenever you process personal data (see Anonymising diversity data, below). Diversity metrics typically amount to special category personal data under the UK GDPR. Examples include: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union...

This Practice Note reviews the Provision and Use of Work Equipment Regulations 1998 ( PUWER 1998), SI 1998/2306, together with the common law obligation to provide and maintain safe work equipment. PUWER 1998 outlines employers’ responsibilities for all machinery, appliances, apparatus, tools and installations used at work. Under PUWER, employers must supply appropriate work equipment, keep that equipment properly maintained, arrange for it to be examined following installation or assembly, and give users suitable information and training on its use... Post 1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 took effect. For workplace accidents occurring from that date, civil liability no longer arises purely from a breach of a health and safety statutory duty unless the relevant regulation expressly provides for it. The Provision and Use of Work Equipment Regulations 1998 ( PUWER 1998), SI...

ARCHIVED: Note: this Practice Note offers guidance solely on the measures introduced in April 2013. It does not address any later procedural changes (whether to the CPR or to other procedural rules). Nor does it deal with the implementation or construction of the April 2013 procedural updates (or any that followed). For guidance on the Jackson Reforms a year later and on later CPR updates, see Practice Note: Jackson Reforms—one year on [ Archived] and CPR updates—overview respectively. The fresh provisions in CPR 32.2(3) took effect on 1 April 2013. This Practice Note provides guidance only on the new provisions at CPR 32.2(3). You should also reflect on the impact that other provisions may have on witness evidence, including other Jackson Reforms, the Code of Conduct, and any relevant court guide provisions......

This Practice Note looks at the tasks of pinpointing and interviewing potential witnesses, working with them on their witness statements, and supporting them to give evidence in court. For direction on preparing trial witness statements in the Business and Property Courts, see Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC. It should also be read alongside Practice Note: Courts’ power to manage factual evidence, which explains the courts’ authority to control factual evidence under CPR 32.1 and CPR 32.2(3). Choosing witnesses Witness testimony at trial can be decisive for the success or failure of a claim or the defence of it. This Practice Note outlines how to collaborate effectively with a witness when preparing such evidence. Importance of planning witness evidence In claims that turn mainly on facts, outcome may hinge on whether a particular witness is regarded as...

An introduction to witness conferencing in arbitration Witness conferencing (often referred to as ‘hot-tubbing’ or ‘concurrent evidence’) describes a method of taking evidence in which two or more factual or expert witnesses address overlapping questions simultaneously, a practice increasingly prevalent in international arbitration. Used appropriately, witness conferencing can reduce time and expense and promote a streamlined assessment of the merits of a dispute. Conversely, if mishandled, it can muddle the parties’ cases and introduce avoidable delay and cost. As outlined below, a proposal to employ witness conferencing may come from the arbitral tribunal or the parties, and there is wide latitude in designing the process. The format can be tailored to the particular issues contested, the size of the witness pool and the nature of the evidence to be presented. In some matters, witness conferencing occurs alongside counsel’s...

This Practice Note considers the duty of full and frank disclosure in without notice applications for freezing injunctions. This Practice Note reviews the obligation of full and frank disclosure on without notice applications for freezing injunctions. For related guidance on that obligation in the broader context of without notice applications generally, see also the following Practice Notes: Interim injunctions—without notice applications— Duty of full and frank disclosure Cross-border service—full and frank disclosure The duty to supply full and frank disclosure likewise extends to applications issued on short notice and will apply in that context as well. For further detail, including references to cases concerning freezing injunction applications, see Practice Note: Interim injunctions—on notice applications. Note that the guidance in this Practice Note centres on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...

Practice Note This Practice Note explores what amounts to a protected disclosure for the whistleblowing protections in the Employment Rights Act 1996 ( ERA 1996), into which the relevant provisions of the Public Interest Disclosure Act 1998 ( PIDA 1998) have been incorporated. It addresses the general features of disclosures, when they qualify as qualifying disclosures, the need for a whistleblower to hold a reasonable belief that a relevant category of wrongdoing has occurred, and that the disclosure serves the public interest, where appropriate and necessary. It further considers when qualifying disclosures obtain protection and identifies the prescribed persons (people) to whom a disclosure may properly be directed. In addition, the Practice Note summarises the reporting obligations placed on certain prescribed persons to produce an annual written report concerning the workers’ disclosures received by them......

Cases in which a transfer of assets may be ordered Large insolvencies are ever more cross-border in nature. A company may maintain places of business, assets and creditors across several jurisdictions. In these circumstances, questions arise as to how the company’s assets can be most effectively preserved pending an orderly distribution to creditors, and how creditors domiciled in a particular state may be properly protected. A cost-efficient route is to have a single set of insolvency proceedings—typically in the place of incorporation—with the office-holder’s authority recognised in every jurisdiction where the company holds assets or has creditors (see Re Cambridge Gas Transportation). The strength of this approach is enhanced by relief available under the United Nations Commission on International Trade Law ( UNCITRAL) Model Law (see Practice Note: Recognition and other applications under the Cross- Border Insolvency Regulations) and, where...

ARCHIVED: This Practice Note is archived and not kept up to date. Practical implications of West Tankers In short, the current position arising from the West Tankers saga (so far) is: Any EU Member State court seised of proceedings must rule on its own jurisdiction to determine the dispute. Under Brussels I and Brussels I (recast), courts of another Member State cannot remove that competence from it. An arbitral tribunal has jurisdiction to award damages for breach of an obligation to arbitrate. Where jurisdiction is disputed (as it often is), consider advising clients to obtain a standalone final award addressing jurisdiction at the outset, and then seek to have it recognised and enforced by the court (the application would be made under the procedure set out in CPR 62). This should prevent a conflicting court judgment taking precedence, on the basis of issue...

Certain groups of claimants are regarded as more vulnerable than others. This group includes: pedestrians children passengers The opening of the Highway Code (rules H1– H3) sets out the ‘hierarchy of road users’. At its peak are pedestrians, as they face the greatest danger in a collision. Because children are at heightened risk of injury, they hold a more prominent place within this hierarchy. Those operating vehicles capable of causing the most harm carry the highest duty to act with care and limit the danger they create (for example, drivers of large goods and passenger vehicles, vans/minibuses, cars/taxis and motorcycles). Cyclists, horse riders, and drivers of horse-drawn vehicles also share responsibility for reducing risks to...

This Practice Note outlines the regulatory obligations when representing vulnerable clients. It also stresses the importance of keeping a record of the client care arrangements you operate and being able to evidence that these are suitable and appropriate for your clients, matters, and the particular circumstances encountered in practice. This Practice Note offers guidance regarding adult vulnerable clients. It does not include specific guidance about minors. For more information, also see Practice Note: How to identify and respond to the needs of vulnerable clients. What is a vulnerable client? There is no precise definition of ‘vulnerable client’ for law firms. The SRA Standards and Regulations contain very few references to vulnerable clients (see section SRA requirements), favouring a broader obligation to consider clients’ attributes, needs and circumstances. For this reason, Precedent: Client care manual does not employ the term...

A company can be struck off the register under Part 31 of the Companies Act 2006 ( CA 2006) by one of two routes available: voluntarily, by the company’s directors by the Registrar of Companies pursuant to its powers to strike off a company from the register This note summarises the voluntary strike off process. For details on the Registrar’s powers to strike off a company, see Practice Note: The Registrar's powers to strike off a company. Why apply for striking off and dissolution? Any company may apply to Companies House to be struck off the register of companies and dissolved. Some of the most common reasons a company may seek strike off and dissolution include: it is no longer in business or operation it has fulfilled the purposes for which it was incorporated its parent company is carrying out a reorganisation of its group structure and wishes to strike off and...

Trend towards environmental, social governance or sustainability reporting The phrases sustainable business, corporate responsibility ( CR), corporate social responsibility ( CSR) and environmental, social, governance ( ESG) are used across business and legal settings. Broadly, they describe organisations embedding responsible conduct into everyday operations. CSR has traditionally focused on accountability, yet its outcomes were difficult to quantify. That is shifting under the ESG lens, where impacts are increasingly measurable—and therefore simpler to disclose—with CSR often viewed as a forerunner to ESG. Growing numbers of companies recognise that mere legal compliance may no longer suffice to guard against legal, regulatory or reputational exposure; aligning with voluntary standards and reporting frameworks can help mitigate these risks. The drive for transparency and accountability through corporate governance and sustainability disclosures has reignited attention on the ‘triple bottom...

This Practice Note sets out the grounds on which a marriage is void This Practice Note explains when a marriage will be treated as void. It includes unions that are not valid under the Marriage Acts 1949 to 1986, e.g. where the parties are within the prohibited decrees. It also covers situations in which, at the date of the ceremony, one party was already lawfully married, or where the union is polygamous and was contracted outside England and Wales. On 6 April 2022, the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect. While DDSA 2020 reformed the law for divorce, dissolution and judicial separation proceedings, it made no substantive alteration to the law on nullity. Accordingly, the grounds on which a marriage or civil partnership can be void or voidable remain unchanged. There are, however, consequential procedural amendments in the updated Family...

CASE HUB NOTE—appeal lodged before the General Court in Case T- 1097/23 See further, timeline and related/relevant cases. Case facts Outline Summary of a European Commission investigation under Articles 4, 7 and 8 EUMR regarding the acquisition of Lagardère by Vivendi ( M.11184). Latest development On 18 July 2025, the Commission issued its statement of objection, setting out its preliminary view that Vivendi infringed the notification requirement ( Article 4 EUMR) and the ‘standstill obligation’ ( Article 7 EUMR), and that it failed to comply with the conditions and obligations linked to the Commission’s decision of 9 June 2023 clearing the Vivendi/ Lagardère transaction ( Article 8 EUMR). Parties Vivendi S. E ( Vivendi): a French global media and entertainment group operating across various markets through its subsidiaries: television and cinema ( Canal+ Group), book publishing ( Editis), magazines ( Prisma Media), video games ( Gameloft), and...