Legal Practice Notes

Background The UK has experienced rising use and creation of compounds that imitate the effects of drugs controlled by the Misuse of Drugs Act 1971 ( MDA 1971). It is recognised that these materials are hard to pinpoint and are frequently altered, which makes oversight challenging and regulation difficult in practice. They also present a significant risk to public health. For a drug to be brought under control via MDA 1971, it must first undergo a formal period of assessment by the Advisory Council on the Misuse of Drugs, which will assess the potential physical and social harms a substance may cause. While temporary class drug orders were brought in to shorten the time needed to restrict emerging substances, the categorisation of new drugs under MDA 1971 still proves slow and costly, and requires parliamentary approval. As a result, the...

This Practice Note explores how foreign law is evidenced in proceedings before the courts of England and Wales. It sets out the different forms such proof may take and the routes by which it can be presented to the court. For wider guidance on foreign law, see Practice Note: Foreign law—guide for dispute resolution practitioners. This Practice Note also refers to the decision in Mac Millan Inc v Bishopsgate Investment Trust Plc ( No 4) (1998). In some judgments, the case is cited as MCC Proceeds Inc v Bishopsgate Investment Trust... Proving foreign law Where foreign law governs a dispute and has been pleaded, it must be demonstrated as a matter of fact. In the English courts, foreign law is treated as a factual question to be resolved on the evidence. The Court of Appeal reaffirmed this approach in Bumper Development Corp v...

Introduction This Introductory Guide forms part of the Lexis Nexis Introductory Guides to Property. The series is intended to help apprentices, paralegals and others grasp both the transactions commonly undertaken by a property lawyer and the legal context in which those transactions take place. This Guide focuses on Property Finance. The other Guides in the series are: Introductory Guide to Commercial Property Introductory Guide to Land Law Introductory Guide to Property Development Introductory Guide to Property Taxes Introductory Guide to Residential Property All Guides come with a Glossary of Property Terms, offering definitions and, where suitable, explanations of many words and phrases that make up the everyday language used by property practitioners. Any terms shown in bold in this Guide are defined in the Glossary. Contents What is property finance? Who provides debt finance? Terms on which debt finance is provided What factors influence a lending...

The Tenant Fees Act 2019 ( TFA 2019), effective from 1 June 2019, bars landlords and letting agents from asking tenants of certain residential tenancies in England to pay charges other than those expressly permitted. In effect, a landlord’s agent may not levy fees for viewings, referencing, inventories, or any other item not specifically allowed. The Act also sets caps on the sums that can be taken as a security or holding deposit, as well as on certain other payments. Comparable legislation for Wales, the Renting Homes ( Fees etc) ( Wales) Act 2019 ( RH( Fe)( W) A 2019), took effect on 1 September 2019. It is not the same as TFA 2019; the key differences are identified below. Tenancies affected TFA 2019 applies to any ‘tenancy of housing in England’. A ‘tenancy’ means: before 1 May 2026, an assured shorthold tenancy ( AST) under...

Scope and purpose This Practice Note is designed to support the review and/or negotiation of a drop ship agreement, and is issued alongside Precedents: Drop ship agreement—pro-customer (merchant) and Drop ship agreement—pro-supplier. The expression ‘drop shipping’ is frequently used loosely to describe a range of supply chain structures and, in theory, may occur at several different points in the chain, eg manufacturer to distributor, distributor to merchant, or manufacturer to merchant. The common thread across these variants is an arrangement enabling a merchant to trade without stock holding constraints by placing responsibility for physical inventory and fulfilment with a third party. Traditionally that third party was the goods’ manufacturer; however, with the growth of multiple platforms, it may equally be another reseller. The above Precedents reflect the classic drop shipping model where the third party is the manufacturer (or other seller) to the...

What is a suspensive condition? A suspensive condition places the parties’ duties to perform a contract on hold until that condition has been purified (or, where the terms allow, waived), see Practice Note: Suspensive conditions in missives transferring Scottish property. Precision is essential; poor wording can trigger unforeseen and unwelcome outcomes. For further information, see: Suspensive conditions in missives: Stair Memorial Encyclopaedia [27]. Aside from dealing with title matters, most suspensive conditions concern non-conveyancing issues, for example: compliance with the relevant tax regime planning issues transfer of employees site investigations compliance with environmental law This Practice Note outlines universal considerations for drafting any suspensive condition and then addresses particular points relevant to commonly used suspensive conditions. Universal drafting considerations Who is to benefit from the suspensive condition? The condition must make clear which party is intended to benefit, otherwise it may operate to the...

CASE HUB (date of judgment—23/04/2015) See further: timeline commentary related/relevant cases ARCHIVED — this preserved case hub reflects the position at the date of the decision of 23 April 2015; it is no longer maintained. Case facts Outline An appeal was lodged by LG Display and LG Display Taiwan challenging the General Court’s ruling which, on the merits, upheld the Commission’s decision of 8 December 2010 finding an infringement and levying a €215m fine on LG Display and LG Display Taiwan (jointly and severally, but cut to €210m by the General Court) for their alleged participation in a cartel concerning the supply of liquid crystal display ( LCD) panels (the ‘ LCD cartel’). On 23 April 2015, the Court of Justice rejected the appeal in full, thereby endorsing the infringement finding and the penalty, as trimmed by the General Court, to €210m. The case...

The Copyright, Designs and Patents Act 1988 ( CDPA 1988) grants the copyright holder in the UK the sole authority to undertake a variety of acts in relation to any copyright work. Where those specified acts in the CDPA 1988 are carried out by someone other than the owner, without consent, this may amount to an infringement of the owner’s exclusive rights. Status of EU copyright law in the UK As of 31 January 2020, the UK ceased to be a Member State of the EU. In line with the Withdrawal Agreement, an 11‑month transition or implementation period followed, ending on 31 December 2020 ( IP completion day), during which EU law continued to apply across the UK. Thereafter, EU legislation made or brought into force after that date is not binding on the UK. For pre‑existing measures, the legal position...

Civil justice reform Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date guidance on the rules and practice of the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. The Practice Note sets out the steps for advancing a civil claim in Scotland from the lodging of defences through to the fixing of a substantive hearing (whether a legal debate or a proof/proof before answer/jury trial). Scottish civil procedure features a range of distinct procedural regimes, shaped by the type of claim and the forum. Many of these regimes focus on case management. The Practice Note examines the particular procedural rules for the following common procedures in both the Court of Session and the sheriff court: ordinary actions personal injury actions commercial...

This Practice Note explains how the court may alter periodical payments (maintenance) orders, outlining its treatment of variation applications and the considerations it will take into account. The Note surveys both the court’s methodology on variation requests and the relevant considerations guiding its evaluation. Guidance is given on timing and on circumstances permitting recovery of payments already made. It also addresses the timing of a variation request and identifies situations permitting a claim for repayment of maintenance, such as the payee’s remarriage or entry into a later civil partnership, or the payer’s death. Authority to alter financial orders arises under section 31 of the Matrimonial Causes Act 1973 ( MCA 1973) and Schedule 5 to the Civil Partnership Act 2004 ( CPA 2004), in particular CPA 2004, Sch 5 Pt 11. When a variation is sought, the court need not revisit the case de novo...

This Practice Note outlines the nature of a pension attachment order made in family proceedings (formerly known as an earmarking order) and identifies which pension benefit rights are capable of attachment and which are not. It also covers the core features of a pension attachment order, the risks and ways to reduce them, variation matters and tax effects. Key features of pension attachment A pension attachment order directs the person responsible for a pension arrangement (the PRPA) to pay a percentage of the following to the person without pension benefit rights (the non-member party), rather than to the person with pension benefit rights under the arrangement (the member-party): pension income, and/or pension commencement lump sum, and/or lump sum payable in respect of the member-party’s death A pension arrangement means an occupational pension scheme, a personal pension scheme, a retirement annuity contract, and...

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...

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...