Legal Practice Notes

This tracker tool identifies and summarises significant new legislation and consultations in England and Wales relating to waste, including circular economy developments linked to end-of-life/waste and plastics, together with the waste producer responsibility regime in particular. The tracker is organised into the following parts for ease of use: Legislation—highlighting notable forthcoming legislation of particular relevance to Environment lawyers in England and Wales that will be in force from 1 January 2026 Consultations—setting out the current position and latest updates on consultations open from 1 January 2026, or opened earlier but still open as of 1 January 2026, run by government departments, regulators and other bodies regarding environmental law in England and Wales, and those conducted by government departments, regulators and other bodies regarding environmental law in England and Wales which closed from 1 January 2026 For anticipated future changes, see Practice Note:...

This Practice Note outlines the main considerations when making an application to contest the court’s jurisdiction under CPR 11, and addresses the consequences of both successful and unsuccessful applications. It should be read alongside Practice Note: Challenging court jurisdiction—general principles, particularly on whether an application is necessary. The provisions of CPR 11 can be difficult to construe. As the Privy Council remarked in Texan Management Ltd v Pacific Electric Wire and Cable Company Ltd (2009), CPR 11(1) is ‘inelegantly and inconsistently drafted’ as to what it is meant to encompass. Authorities that have examined the interpretation of CPR 11 offer useful insight into the stance the courts are likely to adopt when determining applications under Part 11. For guidance on other facets of challenging court jurisdiction, see the following Practice Notes: Challenging court...

Section 30(1)(g) of the Landlord and Tenant Act 1954 ( LTA 1954) Under this provision, a landlord may resist the grant of a fresh lease where, at the end of the current tenancy, they intend to take up occupation of the holding for the purposes of a business they will run there (in whole or in part), or to live there. For details of the other grounds of opposition, see Practice Note: Summary of landlord's grounds of opposition. On ground (g) a landlord can: oppose a tenant’s application for a new tenancy; or apply to end the existing tenancy without granting a new one, on the basis that upon expiry they plan to occupy the holding for their own business purposes (in whole or in part), or as their residence. The landlord does not need to prove an intention to make physical use of every part of the...

For many years, virtually every disagreement about agricultural tenancies was sent to arbitration at the outset. The rationale was that questions concerning agricultural holdings often have a strong practical dimension, so arbitration was thought a more suitable forum than the courts. This reflected the earlier assumption that practical considerations predominated in such cases, making a court reference less apt back then. Over time, however, matters of considerable legal intricacy also came before arbitrators. With the enactment of the Agricultural Holdings ( Scotland) Act 2003 ( AH( S) A 2003), policy shifted, and the main route for resolving disputes about agricultural tenant issues is now referral to the Scottish Land Court. At the same time, arbitration procedures were streamlined, and alternative processes, eg mediation, were enabled. Although the Agricultural Holdings ( Scotland) Act 1991 ( AH( S) A 1991) still sets out distinct...

Relinquishment or assignation of 1991 Act tenancy to ‘new entrant’ or to a ‘person progressing in farming’ Sections 110 and 111 of the Land Reform ( Scotland) Act 2016 took effect on 28 February 2021, inserting Part 3A into the Agricultural Holdings ( Scotland) Act 1991 ( AH( S) A 1991). This establishes a mechanism by which a tenant holding a 1991 Act tenancy may relinquish the tenancy to the landlord for compensation, or, if the landlord opts not to buy them out, the 1991 Act tenant may assign the tenancy to a ‘new entrant’ or a ‘person progressing in farming’. The Agricultural Holdings ( Relinquishment and Assignation) ( Scotland) Regulations 2020, SSI 2020/430 ( R& A Regs 2020) apply to an agricultural holding where the lease was entered into in writing: before 27 November 2003; or on or after 27 November 2003 but...

Diversification at common law Diversification, i.e. employing the holding for a non-agricultural end not authorised by the lease, would, at common law, amount to a breach of the lease and, in many instances, could additionally trigger a conventional irritancy, in appropriate circumstances and contexts, by the landlord as well. For more detail, see: Diversification: Stair Memorial Encyclopaedia [107K]. Statutory Diversification Part 3 of the Agricultural Holdings ( Scotland) Act 2003 ( AH( S) A 2003) confers on agricultural tenants a right to diversify by putting the land to a non-agricultural use. That right extends to 1991 Act Tenancies and to 2003 Act Tenancies, save for short limited duration tenancies ( SLDTs). Although diversification may, at common law, constitute an inversion of possession and change the character of the lease from that of an agricultural holding (to which the Agricultural Holdings ( Scotland) Acts apply), if—and only if—the...

This note’s initial iteration was authored by the late Professor Alexander Türk. Definition of proportionality Under the principle of proportionality, action taken by the EU and by member states must not extend beyond what is strictly necessary to secure the objectives sought, and should be confined to measures needed to achieve those aims. The Court of Justice of the European Union has affirmed proportionality as a general principle of EU law. The court’s test for reviewing a measure’s proportionality stems from continental law, with particular roots in the German legal tradition. Use of the principle of proportionality against EU member states The principle of proportionality can be invoked against member states when they act within the scope of EU law, notably where they restrict the free movement rights conferred by EU law. For background reading, see Practice Note: The four...

The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern-unless the parties agree otherwise-any arbitration started on or after 1 June 2021 where an arbitration agreement refers to the Swiss Rules or to the former rules of chambers or organisations that have joined the Swiss Rules or brought their proceedings under them. This Practice Note looks at commencing arbitration under the Swiss Rules. For guidance on the 2012 Swiss Rules, see: Swiss Rules arbitration-overview. Submitting a Notice of Arbitration An arbitration conducted under the Swiss Rules and administered by the Swiss Arbitration Centre (the SAC) is initiated by serving a Notice of Arbitration ( Swiss Rules, art 3). Electronic submission: send the Notice of Arbitration to...

The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern-unless the parties agree otherwise-any arbitration begun on or after 1 June 2021 where the arbitration clause refers to the Swiss Rules or to the earlier rules of chambers or organisations that have acceded to, or placed their proceedings under, the Swiss Rules. This Practice Note addresses procedural aspects under the Swiss Rules. For commentary on the 2012 Swiss Rules, see: Swiss Rules arbitration-overview... General remarks The Swiss Rules grant the arbitral tribunal broad latitude to manage the proceedings. Arbitrators may run the case as they consider appropriate, provided they uphold equality between the parties and safeguard each party’s right to be heard ( Swiss Rules, art 19.1). Crucially, all parties must use their best endeavours to secure an efficient process and to avoid superfluous costs and delay ( Swiss Rules, art...

ARCHIVED: This Practice Note is archived and no longer maintained and is not being updated. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Singapore’s trade mark registration framework operates under the Trade Marks Act ( Cap 332) and is overseen by the Intellectual Property Office of Singapore ( IPOS). Even where a trade mark used in Singapore has not been registered, it may still receive protection through the common law action of passing off. Extent and term of trade mark registration As with many other jurisdictions, protection arising from trade mark registration in Singapore is territorial, meaning it applies only within Singapore and has effect domestically. Registration endures for ten years from the filing date of the application and takes effect from that filing date. It is capable of unlimited renewal in further ten...

ARCHIVED: This Practice Note is archived and no longer maintained. This Practice Note was first prepared for Lexis Advance® Practical Guidance Singapore and addresses infringement of a trade mark under the Trade Marks Act ( Cap 332). Infringement A person infringes a registered trade mark when, without the owner’s consent, they use in the course of trade a sign identical with or similar to the mark for identical or similar goods or services, and that use is liable to confuse the public. Where both the sign and the goods or services are identical to the mark, there is no need to prove confusion. The Trade Marks Act ( Cap 332) accords a special level of protection to ‘well-known’ trade marks, regardless of whether they have been registered in Singapore. This will be discussed below. The requirement of ‘use’ A non-exhaustive list of acts amounting to use of a sign...

Practice Note and IA 1986 This Practice Note uses the Insolvency Act 1986, abbreviated as IA 1986. The table outlines the main corporate insolvency procedures from a dispute resolution perspective. Administration A short-term measure for a company facing financial distress. The purpose is to give the administrator time to attempt a rescue, pursue a restructuring, or deliver a better return for creditors than an immediate winding up. Appointment: effected out of court by a qualifying floating charge holder, the company’s directors or the company itself, or by court order (an administration order). Combination: administration can operate alongside a company voluntary arrangement ( CVA) or a scheme of arrangement. Effect on proceedings: entry into administration imposes a broad moratorium on court proceedings and legal processes, covering proceedings, execution and distress. It applies to both existing and new proceedings, which may only continue or be...

Issue Details Name: 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency ( Convention on Assistance) Parties: 131 (including 4 non– State parties, 57 signatories) Place: Vienna Adopted: 26 September 1986 Entry into force: 26 February 1987 Subject: International assistance and support in the event of a nuclear accident or radiological emergency What is the purpose of the Convention on Assistance? To allow rapid assistance and encourage international co‑operation when confronted with a nuclear or radiological emergency. The Convention is based on the International Atomic Energy Agency guidelines titled Guidelines for Mutual Emergency Assistance Arrangements in Connection with a Nuclear Accident or Radiological Emergency (1984). It sets a framework through which help can be requested and provided. What are the key elements of the Convention on Assistance? Key...

Collecting societies This Practice Note explores collecting societies-often described as licensing bodies and/or Collective Management Organisations ( CMOs)-and also considers Independent Management Entities ( IMEs). It covers collective licensing, the legal and organisational status of a collecting society, an outline of UK societies, the benefits for copyright owners, disadvantages for right holders and users, the pros and cons for licensees, legal constraints on how societies operate, regulation of collecting societies, and the Collective Management of Copyright ( EU Directive) Regulations 2016, SI 2016/221, also referred to as the Collective Rights Management Regulations or the CRM Regulations. These frameworks give right holders a collective route to licence and enforce their IP where individual permissions and monitoring would be impractical. Although several societies may function within the same creative field (such as music), separate bodies will generally represent different categories of right holders. In essence, a...

This Practice Note examines when reinstatement will be ordered as a remedy under section 112 of the Employment Rights Act 1996 ( ERA 1996) following a finding of unfair dismissal. The key factors are: whether the employee seeks reinstatement; whether returning them is feasible in practice; and whether doing so would be fair in the circumstances. It also covers what a reinstatement order must contain, its legal effect once made, and how arrears of salary and associated benefits are to be quantified. Where an employer does not comply, in whole or in part, a further hearing on reinstatement will be convened. At that stage, the tribunal assesses whether compliance was in fact practicable and, if so, calculates an additional compensatory award under ERA 1996, s 117 in consequence of the failure to honour a reinstatement or re-engagement...

Role The role of credit rating agents ( CRAs) is to deliver an independent, analytical view of the likelihood of payment default, by assessing multiple factors that guide investors on whether to commit to specific securities. Capital market investors are highly sensitive to risk, and some are constrained by their internal constitutional documents from investing in lower grade instruments. As a rule, the greater the investment risk, the higher the return (interest/coupon) demanded by investors. Ratings may apply to both the company issuing the instruments and the instruments themselves. An issuer’s debt can be rated apart from the issuer, for example where the issuer is a special purpose vehicle created solely for the issuance, or where the debt benefits from credit enhancements (eg a guarantee) that lift it above the issuer’s own standing rating. For example, the following can be rated: the issuer senior...

In England and Wales, the Third Parties ( Rights Against Insurers) Act 2010 ( UK) ( TP( RAI) A 2010 ( UK)) facilitates the enforcement of claims against an insolvent policyholder’s insurer. A plaintiff or claimant who holds a cause of action against an insolvent, albeit insured, defendant is protected by TP( RAI) A 2010 ( UK) through the statutory transfer of the insured’s rights under the insurance policy to the third party. For example, if a construction worker brings a claim against their insolvent employer, TP( RAI) A 2010 ( UK) allows the employee to pursue the employer’s liability insurers directly to obtain recovery. For practical guidance on TP( RAI) A 2010 ( UK), refer to Practice Notes: Third Parties ( Rights Against Insurers) Act 2010 and-by way of summary- Third Parties ( Rights against Insurers) Act 2010-one minute guide. In...

Legal advice on environmental matters in the context of a corporate transaction demands a commercial review of the environmental obligations the client has accepted, or will assume, and the actual or contingent risks and liabilities that may arise from them, including: any potential effect on the value of assets (for instance arising from remediation in respect of environmental issues, or from other clean-up obligations and related expenditure) any likely operational implications (for example triggered by the transfer, suspension, or revocation of an environmental permit or necessary licence required to carry on the business) any consequential costs of compliance (for example the need to upgrade plant and machinery, or procure equipment, to achieve compliance with environmental obligations) any reputational risks (for example pollution events, or perceptions of poor environmental or sustainability performance, which could negatively influence share prices) any risk of enforcement action or legal...

In cross-border finance transactions, legal opinions are almost always required. They typically operate as a condition precedent to funding or to the execution of the finance documents. Their function is to inform the addressee about the legal risks inherent in the deal. Although they feature across numerous forms of financing, they can be difficult to handle from both legal and practical angles and should, therefore, be discussed and settled as early as possible in the process. This Practice Note explains: what legal opinions are when they are used who can rely on them what they cover how legal opinions are used in cross-border transactions the structure of a typical opinion letter For more information, see Practice Notes: Conditions precedent; Ireland- How to instruct and manage local counsel in a finance transaction; and How to draft and review legal opinions in loan transactions. For an example of an Irish law legal...

Practice Note This Practice Note sets out the practical considerations that arise when handling cross-border litigation in Ireland. It reviews questions of applicable law and jurisdiction within the boundaries of the EU’s legal regime. It also surveys the position after Brexit and the consequences this shift has had for cross-border disputes. This Practice Note is intended to clarify the real-world issues practitioners should weigh when proceedings involve international elements in or connected to Ireland. It examines choice of law and forum within the structure of EU rules, and reflects on the post- Brexit environment and its effects on cross-border disputes. Where a claim has a cross-border dimension - whether because parties are based in different states or because material events occurred in another country or countries - parties and their advisers must focus on three central questions: jurisdiction - in which country should the claim be...