Legal Practice Notes

STOP PRESS: The Financial Remedies Guide 2026, released on 13 March 2026 by Mr Justice Peel ( National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess ( Deputy National Lead Judge of the Financial Remedies Court), with the approval of the President of the Family Division, now supersedes and replaces the following: the Statement on the efficient conduct of financial remedy cases allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the...

Introduction This Practice Note reviews the current Irish intellectual property framework governing artificial intelligence ( AI) and machine learning in Ireland. It summarises the principal strands of IP law relevant to AI systems and models and, in particular, explores questions around IP rights in: AI inputs (eg training data) the AI system itself AI outputs What is artificial intelligence? There is no single, settled definition of AI. In general terms, it refers to the imitation of human intelligence by machines, usually computer systems. Regulation ( EU) 2024/1689, the EU AI Act, defines an AI system as: ‘… a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content,...

This Practice Note explores two effects of the Financial Conduct Authority’s ( FCA) Consumer Duty on claims management companies ( CMCs). First, it looks at how the Duty applies to CMCs, covering why CMCs fall within scope, sectoral considerations for each cross-cutting obligation and for each of the four customer outcomes, and how the FCA’s historic and current concerns have informed its expectations of CMCs in meeting the Duty. Second, it considers how CMCs may use the Consumer Duty to progress consumer claims. For an outline of the main features of the FCA’s Consumer Duty, see Practice Note: The FCA Consumer Duty—essentials. For key developments, see: The FCA Consumer Duty—timeline... Overview and key points for CMCs and the Consumer Duty CMCs are broadly understood as firms or individuals that support consumers by handling claims for compensation or other benefits. Although CMCs are rarely...

This Practice Note sets out the principal Irish legal and regulatory points a website operator should consider when running a site, such as: The type and functionality of the website Information disclosure requirements Consumer protection Privacy and data protection Cookies Accessibility Cybersecurity Platform-to-business Online payments Advertising, promotions and direct marketing Competition law Taxation Liability for third party content Intellectual property and respecting copyright Geographic and territorial considerations Consideration of electronic data interchange ( EDI) arrangements, blockchain, smart contracts or sector-specific laws or regulations, including those applicable to financial services, intermediation services or online auctions, is outside the scope of this Practice Note. The type and functionality of the website Applicable compliance duties and rules differ according to a site’s nature, functionality or purpose. Pinpointing these...

Introduction Statute and a company’s constitution regulate the allotment and issue of shares. This Practice Note explains the process for a private company limited by shares to allot shares, including conferring rights to subscribe for shares or to convert a security into shares. Both the statutory framework and the constitution govern how those steps are implemented. The provisions on share allotment must be considered alongside the rules that govern existing shareholders’ pre-emption rights. A pre-emption right gives a shareholder a right of first refusal on any allotment of shares. Definitions of allotment and issue The expressions ‘allotment’ and ‘issue’ are commonly treated as if they were the same when referring to new share capital, yet they carry different legal implications that should be appreciated. Shares are regarded as allotted when an individual gains the unconditional entitlement to be placed on the company’s register of members for those...

This Practice Note sets out guidance on the legal position for employers and employees, and summarises the practical steps a business may adopt where severe or adverse weather, transport disruption or other major incidents stop employees from getting to work. For information, in particular, on employers’ obligations in relation to managing temperature in the workplace, see Practice Note: Employers’ obligations to manage temperature in the workplace. Although it is ordinarily an employee’s responsibility to travel to and from work, there are occasions when factors outside the employee’s control will hinder their ability to attend, eg travel disruption and disruption to childcare arrangements. Extreme temperatures can also make it hard for employees to work comfortably both at the workplace or from home. For more information on managing workplace temperature generally, see Practice Note: Employers’ obligations to manage temperature in the...

An employee may claim a statutory redundancy payment without being dismissed in one of two situations: where the employee is laid off, i.e. the employer temporarily closes operations due to no, or insufficient, work for staff where the employee is on short-time working—this is when the employer reduces contractual hours and, as a result, pay is reduced In summary, a statutory redundancy payment is payable where: there is a period of lay-off (see: Lay-off generally and The definition of a statutory lay-off below) or short-time working that period lasts for the prescribed period (see: Claiming a redundancy payment below) the employee gives written notice of intention to claim within the required timeframe (see: Employee’s notice of intention to claim) the employee ends the contract by giving the requisite notice (see: Employee must terminate the contract below) the...

This Practice Note This Practice Note offers a concise outline of common contractual terms governing the end of employment and directs readers to fuller resources. An employment contract can cease in several ways. In some cases the ending amounts to a dismissal, giving the employee certain statutory protections, for example the ability to bring an unfair dismissal claim. In other situations the employee leaves of their own accord; in those circumstances they generally cannot claim against the employer unless the resignation is a constructive dismissal. Parties should address termination clauses at the very start of employment, particularly as views on what is suitable may diverge. By the time those clauses are relied upon, the relationship may have deteriorated and each side may take a different stance. Contracts commonly allow termination to occur: on the expiry (without renewal) of a fixed term: the agreement may run for a stated...

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...

This Practice Note explores the situations in which a court may permit changes to a party’s statement of case once a relevant limitation period has expired (or may have expired). It cites section 35 of the Limitation Act 1980 ( LA 1980) and reviews the pertinent provisions of the Civil Procedure Rules, in particular CPR 17.4, concerning the introduction of new causes of action. It also expressly considers limitation issues that arise in relation to counterclaims. For guidance on determining limitation periods under LA 1980, together with illustrative authorities, see the following Practice Notes: Limitation Act 1980—general application Limitation—the principal limitation periods Limitation—illustrative decisions Limitation and extensions of time—key and illustrative decisions [ Archived] See also Practice Notes: Amending a statement of case—introduction and Amending a statement of case—permission to amend for general information on amending statements of case where limitation is not in issue....

This Practice Note This Practice Note sets out how you may transfer a claim or a cause of action at law or in equity, highlighting key drafting considerations, such as treatment of recoverable losses and who bears costs after assignment. It also deals with timing of any assignment and the procedural consequences of assigning before or after proceedings have begun for both assignee and assignor, including amendments to statements of case and the joinder of additional parties. For guidance on when you may assign a claim or cause of action, see Practice Note: In what circumstances can you assign a claim or cause of action? Note: in this Practice Note, we refer to the assignment of both causes of action and claims. We define a cause of action as ‘...a factual situation the existence of which entitles one person to obtain from the court a remedy against...

This Practice Note considers third party disclosure under CPR 31.17 and CPR 31.18, namely securing disclosure of documents from a third party or other non‑party to the claim. It sets out the process for seeking a third party disclosure order, detailing what must accompany the application, the supporting evidence, and any evidence a non‑party may file in answer to such a request. It also outlines, in practice, the courts’ treatment of these applications, the expense of issuing them, and the costs consequences of complying with a non‑party disclosure order. You should additionally check whether the case is governed by the disclosure regime in the Business and Property Courts. For general guidance on that regime, see: Disclosure Scheme ( Business & Property Courts)—overview and Which disclosure rules apply to my claim—flowchart? How to obtain documents from third parties At times you may know, or have grounds to...

This Practice Note considers anti-suit injunctions This Practice Note reviews anti-suit injunctions, a species of injunctive relief deployed to prevent a party from starting or pursuing court proceedings, whether at the outset or mid‑course. It outlines what an anti-suit injunction entails and the jurisdiction of the courts to issue such orders. It also examines the grounds on which this relief may properly be declined or allowed. Further, it addresses the consequences of breaching an anti-suit injunction, as well as the influence of foreign anti-suit orders on litigation before the courts of England and Wales. For guidance on: bringing an application for an anti-suit injunction, see Practice Note: Anti-suit injunctions—making an application anti-suit injunctions and the EU, see Practice Note: Anti-suit injunctions and EU court proceedings—pre and post Brexit anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration ( England and...

This Practice Note outlines the principal distinctions between mediation and litigation in England and Wales, alongside their likely benefits and drawbacks. What is mediation? Mediation is one of the most familiar and widely used forms of alternative dispute resolution ( ADR). It is a confidential procedure in which an impartial third party (the mediator) helps the parties work towards an agreed outcome to settle their dispute. For a summary of the process, see: Mediation—overview. In July 2021, the Ministry of Justice issued a ‘guide to a civil mediation’ explaining the advantages of civil mediation and how to identify a suitable mediator. Why consider mediation? There are many grounds for seeking a negotiated resolution, including: Preserving the commercial relationship between the parties Minimising the cost and duration of court proceedings Keeping the dispute confidential For general guidance on settling disputes, see Practice Note: Settling...

This Tracker outlines the active pilot schemes currently operating within the civil courts. For details of pilots that have concluded, see Practice Note: Dispute Resolution—pilot schemes which have ended. Key dates and essential details for each pilot are set out below. This information reflects current position within the civil courts. Online court Pilot scheme Damages claims pilot scheme— CPR PD 51ZB Key dates: 28 May 2021 to 1 October 2026 Details: CPR PD 51ZB pilots an online procedure for County Court damages claims where parties act through a legal representative. Claims are handled via the Damages Claims Portal. The scheme covers damages-only claims in the County Court (for example, personal injury, clinical negligence, breach of contract), subject to specific exceptions. For further guidance, see Practice Note: Damages claims pilot scheme— CPR PD 51ZB. Online Civil Money Claims Pilot— CPR PD 51R Key dates: From 7 August 2017 to 1...

This Practice Note sets out the appellate court’s power to award costs, including whether those costs may be assessed summarily and/or ordered on an indemnity basis, and whether costs incurred during an appeal can be recovered. It also examines the Supreme Court’s power to make costs orders, together with the specific provisions relating to skeleton arguments. In addition, it covers the respondent’s costs on applications for permission to appeal, as well as costs on settlement, disposal, dismissal or discontinuance of the appeal. For guidance on challenging a costs order, see Practice Note: Appeals against cost orders. This Practice Note does not address recovery of costs under a statutory appeal. Type of work undertaken on appeal The nature of appellate work typically means counsel’s fees are likely to surpass those of the solicitors. Where both counsel and solicitors are instructed on a short appeal, the...

This Practice Note explains how the conditional fee regime operates for personal injury and clinical negligence matters including: the nature of a conditional fee agreement ( CFA) the regulatory obligations and steps when making a CFA when success fees and insurance premiums are recoverable on an inter partes basis exceptions areas of uncertainty The Jackson costs reforms took effect on 1 April 2013, removing the successful party’s ability to recover additional liabilities—namely success fees and after the event ( ATE) insurance premiums—from the unsuccessful party. There are limited exceptions which are explained below. This statutory framework arises from sections 44–48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012), which amended section 58 of the Courts and Legal Services Act 1990 ( CLSA 1990). Although there are no stand‑alone Conditional Fee...

This Practice Note explores legal and equitable charges over land and how they are entered on HM Land Registry. For background on the nature of legal and equitable charges, see Practice Note: Mortgages and land-an introduction to mortgages and legal charges over land. While charging orders function as equitable charges, they are beyond the scope of this Practice Note. For more detail, see Practice Note: Charging orders over land-registration issues. Land Registration Act 2002 and the power to charge land Legal mortgages of land A registered proprietor of freehold or leasehold land-or a person entitled to be registered as proprietor-may: make any disposition permitted by the general law in relation to the registered estate, other than a mortgage by demise or sub-demise; and charge the estate at law with the payment of money The sole methods of creating a legal mortgage of land are by demise or by a...

CASE HUB ARCHIVED This archived case hub reflects the position as at the decision date of 4 May 2023; it is no longer updated. For more, see the timeline. Case facts Outline of the European Commission’s merger investigation into Norsk Hydro’s proposed acquisition of Alumetal S. A. ( M.10658). The transaction entails horizontal overlaps in the market for producing and supplying aluminium foundry alloys and master alloys. Latest developments On 4 May 2023, the Commission cleared the transaction without conditions. Parties Norsk Hydro ( Hydro): A Norwegian aluminium company operating across the aluminium value chain, from bauxite and alumina production to energy generation and aluminium recycling. Alumetal S. A. ( Alumetal): A Polish producer of aluminium foundry alloys and aluminium master alloys, with plants in Poland ( Kety, Gorzyce and Nowa Sol) and Hungary (...

This Practice Note acts as a practical guide for evaluating vertical agreements that sit beyond the scope of the Vertical Agreement Block Exemption Regulation 2022/720 ( VBER 2022). It includes, amongst other elements, a synopsis of the Commission’s 2022 Guidelines on vertical restraints (2022 Guidelines), which provide detailed direction for parties in this setting. The Note proceeds on the basis that readers are already conversant with VBER 2022. For comprehensive discussion of its availability, including how the 30% market share thresholds operate and the treatment of hardcore and excluded restrictions, see Introduction to the application of Article 101 TFEU to vertical agreements and The Vertical Block Exemption Regulation 2022/720. It likewise presumes knowledge of Articles 101(1) and (3) TFEU; see Article 101(1) TFEU-the prohibition on restrictive agreements and Individual exemptions under Article 101(3) TFEU. Starting position Where a vertical agreement lies outside VBER 2022’s safe...