Legal Practice Notes

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...

Stop Press: On 31 March 2026, Sir Andrew Mc Farlane, President of the Family Division, unveiled consolidated guidance on allocation and gatekeeping for children proceedings in the Family Court, taking effect on 5 May 2026. This supersedes the 2014 public and private law guidance and establishes a single allocation framework for all children matters. It formalises the function of gatekeeping teams, aligns allocation with modern procedural pathways (including Child Focused Courts), and reaffirms key principles of judicial continuity, proportionality and the efficient deployment of judicial resources, see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Practice Note is being updated to reflect the President’s guidance. This Practice Note also clarifies the distinction between financial orders and financial remedies under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. It outlines the financial orders the court may make within: ...

Intellectual property ( IP) protection for plant-related inventions Protection for plant-focused inventions is available through the patent system and through plant variety protection. Plant variety rights ( PVRs) are an IP right granting the owner exclusive control over commercialisation of propagation material and permitting the collection of royalties, for example by granting licences to propagate and market the variety. This Practice Note sets out the IP protection for specific plant varieties, referred to as plant variety rights ( PVRs) or plant breeders’ rights. It covers the EU framework for the Community plant variety right ( CPVR). It details the validity criteria for PVR protection, the standards for infringement, and the compulsory licensing of PVRs. This Practice Note also considers patent protection for plant-related inventions, including groups of plants exhibiting a shared characteristic and plant protection products such as pesticides. For guidance...

Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) authorised regulators to handle offences using civil sanctions rather than prosecution. In 2010, the Environment Agency ( EA) and Natural England ( NE) were granted powers covering a range of environmental offences. In 2015, the reach of civil sanctions expanded when the EA was enabled to accept enforcement undertakings for environmental permitting offences. The Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157 applies in England, and the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 of both instruments sets out which sanctions are available for each offence......

E& W Brussels I (recast)—recognition of judgments This Practice Note sets out guidance on obtaining recognition of a judgment in the courts of England and Wales under the enforcement regime in Regulation ( EU) 1215/2012, Brussels I (recast). Such enforcement has been available since IP completion day (31 December 2020 at 11 pm), provided the transitional conditions in Article 67(2) of the Withdrawal Agreement are met. For commentary on those transitional provisions, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived], including, in particular, the main section: Recognition and enforcement of judgments. Where the transitional provisions apply, the rules and the practice direction in force immediately before implementation day (ie 31 December 2020 at 11 pm) will continue to be applied. In this Practice Note these are termed old Part 74, with particular provisions cited as an ‘old rule’. For...

If any provision in the Companies Acts permits or obliges a body corporate to send or provide documents or information (however phrased), that body corporate must follow sections 1144–1148 and Schedule 5 of the Companies Act 2006 ( CA 2006), which set out the company communications regime. The Companies Acts are defined in CA 2006, s 2 and embrace CA 2006 itself, save for ss 1182–1283. For these communications rules, references to a document also cover a summons, notice, order, any other legal process, or a register. The communications provisions yield to requirements imposed, or contrary provision made, by or under any enactment (notably, CA 2006, Pt 35 on documents or information to be sent or supplied to Companies House). Nonetheless, a provision is not to be treated as inconsistent with the communications provisions merely because it expressly permits a document or...

This Practice Note outlines the process for returning a limited liability partnership to the register through an application made to the court. Why restore an LLP to the register? Where a limited liability partnership ( LLP) has been struck off, an application can often be made to the court seeking an order for restoration to the register. Reasons for doing so include: to permit a claim to be pursued against the LLP to manage property still owned by the LLP at the point of strike-off and dissolution, which has subsequently vested as bona vacantia that the Registrar removed the LLP while it was continuing to carry on business Application of CA 2006 to LLPs An LLP is a corporate body established under the Limited Liability Partnerships Act 2000 ( LLPA). In substance, most of the legal rules applying to LLPs comprise adapted company law rather than...

Commercial letters of credit Commercial letters of credit (often called traditional letters of credit or L/ Cs) operate as a means of payment in both cross-border and domestic trade. For a general overview of commercial letters of credit, see Practice Note: Characteristics of commercial letters of credit. In its most straightforward form, a commercial letter of credit is a bank’s promise (the issuing bank) to pay the beneficiary (usually the seller) a fixed amount within a stated period when stipulated documents are presented in compliance with the credit’s terms—for example, the shipping paperwork for the goods sold to the buyer. There are multiple variants of commercial letters of credit, each bringing particular benefits and drawbacks. From a seller’s perspective, where payment under a sale contract is to be made by letter of credit, irrevocable, confirmed credits with payment at sight are the most...

This Practice Note reviews the authorities on the meaning of ‘fraud’ and sets out the core principles applicable to business insureds, both when arranging insurance at inception and throughout the claims process. What amounts to fraud, and how is it established? Fraud There is no rigid definition of fraud in the insurance sphere. A leading statement of the test for deceit appears in Lord Herschell’s speech in Derry v Peek: first, an action for deceit requires proof of fraud; nothing less will do. Secondly, fraud is made out where a false representation is shown to have been made (i) knowingly, (ii) without any belief in its truth, or (iii) recklessly, being indifferent as to whether it is true or false. Although the second and third limbs are often described separately, the third is really an example of the second, because a person who makes a...

Note From 1 January 2026, the Commercial Court and the London Commercial Court are running a pilot under CPR PD 51ZH. By default, specified materials used in public hearings—such as witness statements and skeleton arguments—will be accessible to the public. Practitioners issuing applications in these courts should acquaint themselves with the pilot and take suitable measures to safeguard clients when drafting any impacted documents. For further direction, see Practice Note: Non-party access to court documents and information in civil proceedings. This Practice Note explains how to complete an application notice using form N244( CC) for proceedings in the Commercial Court. For broader guidance on applications, refer to the following Practice Notes: How to make an application for a court order ( CPR 23) Making an application in the Commercial Courts Form N244( CC) In civil proceedings, applications are ordinarily made by...

Appendix Child Relative route The standard Refugee Family Reunion pathway, used by sponsors to bring together their pre-flight spouse or partner and children, has been halted at the moment while a review takes place. The Home Office has said replacement Rules will appear before the close of 2025. In the interim, Appendix FM of the Immigration Rules was revised to permit people on a protection route to sponsor their pre-flight family members. This Practice Note examines the Appendix Child Relative route in depth, addressing eligibility, relationship criteria, and the practical evidence needed to satisfy the requirements. The Note highlights key elements of Home Office policy and Article 8 European Convention of Human Rights ( ECHR) case law, and outlines the length and conditions of leave granted under this route. The Child Relative route aims to enable those with temporary status on a...