Legal Practice Notes

Quick view This Practice Note explores whether an employee can be engaged by two or more employers for the same role at the same time—joint employment (also termed dual employment or multiple employment). It examines the general assumption, the issue of vicarious liability, and the position of agency workers, office-holders and teachers. It also considers the setting of collective bargaining, the effect of TUPE 2006, and tax questions that may arise. Finally, it reviews the factors relevant to written contracts that involve multiple employers. Joint employment is typically discussed in relation to vicarious liability, for instance negligence (see: Vicarious liability, below). Regarding an individual’s employment rights, it appears reasonably clear that the prevailing presumption—that an employee cannot have more than one employer for the same work at the same time—can be displaced in these situations: where the person has two roles with separate...

This Practice Note explores what a budget discussion ( BD) report is, when one is required, and the suggested template it should follow ( Precedent R). It also offers direction on completing Precedent R and highlights possible complications in cases involving multiple parties. A set of frequently asked questions ( FAQs), with answers, is included on BD reports and likely issues... What are costs budget discussion ( BD) reports? Under the costs management regime, brought in as part of the Jackson Reforms, parties must co-operate and attempt to agree each other’s costs budget. If agreement is reached, the court records it in the costs management order ( CMO) ( CPR 3.15(2)(a) and CPR 3.15(2)(c)). Where agreement is not achieved, the court reviews the items in dispute and makes any amendments it considers appropriate before approving the budget. For further detail, see Practice Notes: Costs...

This Practice Note This Practice Note outlines how the family courts address questions of capacity and the methods for assessing it, including the use of expert opinion. Within family proceedings, capacity is pertinent both to a person's ability to litigate and to settle proceedings, such as by agreeing a consent order. The focus is chiefly on an adult's capacity, or on cases where a 16–17 year old is involved in the proceedings and is expected to lack the necessary decision-making capacity on reaching 18. For matters concerning children's representation, see also Practice Note: Children as parties to public law proceedings. Broader issues about capacity in the context of family relationships are addressed in Practice Note: Capacity to marry, cohabit and have sexual relations. In Richardson- Ruhan v Ruhan, Mostyn J observed that a person's capacity to run proceedings is not contingent on...

This Practice Note closely examines the capacity of parties to conclude an arbitration agreement and to participate effectively in arbitral proceedings. It should be borne in mind that an arbitration clause may continue to operate even where the principal contract in which it sits is invalid—see Practice Notes: Arbitration agreements—the doctrine of separability ( England and Wales) and Separability of arbitration agreements in international arbitration. From a capacity standpoint, this implies a party might lack capacity to enter the main contract yet still have capacity to agree to arbitrate as a matter of law. Consequences of incapacity Both parties entering into an agreement must possess the necessary legal capacity to do so, failing which the agreement is void. An agreement to arbitrate is in absolutely no way different in this respect from any other type of contract—see Practice Note: Forming enforceable...

This Practice Note considers exclusion and limitation of liability in business-to-consumer ( B2C) contracts and notices It examines the Consumer Rights Act 2015 ( CRA 2015) together with the Competition and Markets Authority’s guidance on unfair terms relating to exclusion and limitation of liability ( CMA Guidance). It also offers drafting guidance for exclusion and limitation of liability provisions, often described as: limitation of liability clauses limitation clauses exclusion of liability clauses disclaimers exclusion clauses exemption clauses Following its late 2025 announcement (see: LNB News 22/10/2025 12), on 22 January 2026 the CMA launched a consultation on updated draft unfair terms guidance. The draft does not materially change the law’s interpretation; rather, it captures post-2015 case law and the DMCCA 2024 enforcement framework. While the statutory tests of fairness and transparency remain, the guidance has been reframed to deliver more...

This Resource Note summarises the core features of Rule 26 of the City Code on Takeovers and Mergers (the Code), which governs the requirement to place specified documents, announcements and information on a website during an offer. It flags relevant materials, commentary and guidance from the Panel, alongside Lexis+® UK analysis and resources, to deliver practical direction on interpreting and applying Rule 26. Code and Lexis+® UK resources Practice Statements issued by the Panel Executive (the body that carries out the day-to-day work of takeover supervision and regulation) ( Executive), offering informal guidance on how the Executive typically interprets and applies the Code Panel Statements published by the Panel ( P/ S) and Panel Instruments Public Consultation Papers ( PCP) and Response Statements ( RS) published by the Code Committee Annual Reports published by the Panel discussing general matters ( Annual...

Issues of vesting While it is evident that the recipient of a gift must be identified, it is equally vital to establish when the gift vests, as this affects who is included or excluded. The doctrine of early vesting is commonly applied: it provides that a gift vests at the date of the testator’s death, or at the earliest practicable moment thereafter in the circumstances, whether relating to real or personal estate. Care must be taken with this rule of convenience; for example, a contingent gift should not be interpreted so as to vest sooner than the testator intended. Where no specific time for vesting is stated, the gift will ordinarily vest on the testator’s death unless that would clash with other terms of the Will, or it can be shown that the testator meant the gift to take effect later. In general, the...

This Practice Note examines an adjudicator’s right to be paid their fees and expenses, their authority to decide who bears that cost, the scope to contest the ‘reasonableness’ of an adjudicator’s fees, and what happens if an adjudicator delivers an unenforceable decision (for example, because they have breached principles of natural justice). It also considers who must meet those sums. Ordinarily, on appointment an adjudicator will issue terms and conditions of appointment, setting out how they will be remunerated. Those terms may expressly address circumstances where the adjudication concludes early (for whatever reason) or where the decision is unenforceable. The Practice Note is largely concerned with situations where no terms and conditions are issued, or where they do not deal with the material scenarios, including where such terms are silent on key issues. In particular, it considers the relevant provisions of the Scheme for...

This Practice Note outlines the general principles the court applies to applications for summary judgment under CPR 24. It signposts the two-stage test in CPR 24.3, clarifies the notions of ‘real prospect of success’ and ‘compelling reason for trial’, and identifies Easyair v Opal Telecom as the leading authority. It also describes the practical judicial approach to such applications, including the burden of proof, handling factual disputes, and points of law... Amendments to CPR Part 24 and CPR PD 24—1 October 2023 From 1 October 2023, the CPR provisions relevant to summary judgment were amended: CPR Part 24 was substituted and CPR PD 24 revoked. The intention was to streamline the rules without materially changing the substantive law or practice. The numbering and placement of certain provisions have moved. As a result, authorities issued before 1 October 2023 may refer to the former text and...

What is a CVA? A company voluntary arrangement ( CVA) is a form of insolvency that permits a company to enter a binding agreement with its creditors to compromise unsecured debts or otherwise agree how its affairs are handled. The directors continue to run the business, under the oversight of an insolvency practitioner. Retailers, particularly those with extensive property portfolios, frequently adopt so‑called ‘landlord CVAs’ to reset rental commitments and shut loss‑making stores. This note outlines how property law and landlord and tenant considerations may emerge under such a CVA. It highlights provisions commonly included in CVAs and explains how they tend to work in practice. Nevertheless, each CVA will vary according to the precise terms proposed. It is therefore vital to examine the CVA proposal carefully to assess its effect on creditors. This note does not provide detailed guidance on the...

This Practice Note examines the position of a security holder with an equitable mortgage or charge over land, and focuses on powers available to effect a sale of the charged property. It relates only to registered land. Mortgages and charges over land—a recap Security over land can be taken by way of mortgage or charge. Mortgage A mortgage may take one of two forms: legal or equitable. Legal mortgage of registered land A legal mortgage of registered land (whether the estate is freehold or leasehold) is created by either: a charge by deed expressed to be 'by way of legal mortgage' (commonly referred to as a 'legal charge') (section 85(1) of the Law of Property Act 1925 ( LPA 1925) (freehold) or LPA 1925, s 86(1) (leasehold)); or a charge at law of the registered estate to secure the payment of money (section 23(1)(b) of the Land...

ARCHIVED: This Practice Note is archived and no longer maintained. It is supplied for background information only. The Financial Industry Regulatory Authority ( FINRA) is an independent regulator for the US securities industry. As part of its remit, FINRA operates the sector’s largest dispute resolution forum. It addresses financial and business disagreements between investors, brokerage firms and individual brokers, as well as disputes between and amongst brokerage firms and brokers. These matters are handled through FINRA’s own arbitration process. FINRA has two Codes of Arbitration Procedure: the Code of Arbitration Procedure for Customer Disputes (the Customer Code or Section 12000 of the FINRA Rules)—which governs arbitration between investors and industry parties, and the Code of Arbitration Procedure for Industry Disputes (the Industry Code or Section 13000 of the FINRA Rules)—which governs arbitration between industry parties This note relates only to the Industry Code. For...

Context Compulsory purchase powers permit designated bodies, called acquiring authorities, to take land without the owner’s consent where Parliament has conferred authority, so that the body can deliver defined functions in the public interest. A person whose land is taken compulsorily will ordinarily be entitled to compensation. These powers exist only by virtue of statute. Numerous enabling provisions appear across Acts of Parliament; each will set out which body or bodies may acquire land and/or rights over land by compulsion, and the purposes for which acquisition is permitted. Typically, such provisions empower public authorities and government departments to obtain land and/or interests in land needed to perform their functions, but they do not delineate the particular plots to be acquired. Even where an acquiring authority benefits from enabling powers, it must still draft, make and secure confirmation of a specific CPO...

Background Decommissioning nuclear sites means addressing redundant plants that have finished their working lives. Planning for this work runs in parallel with the licensing framework overseen by the Office for Nuclear Regulation ( ONR). Its goals are to return the land to a condition suitable for alternative use, and to achieve both de-licensing and de-designation of the site. ONR identifies two decommissioning strategies used or considered in the UK: Immediate dismantling removes structures and radioactive materials soon after shutdown, aiming for swift release from nuclear regulatory oversight and constraints on future use. Deferred dismantling places the facility, including some or all radioactive material, into a safe storage state once nuclear fuel has been taken out. The plant is then decontaminated and taken down later, often several decades...

The Insolvency Act 1986 ( IA 1986) establishes a distinct fraud offence connected to obtaining approval for a company voluntary arrangement ( CVA). Prosecution may take place in the magistrates’ court or the Crown Court. Elements of the offence The offence arises where: an officer of the company makes any false representations, or acts fraudulently, or fails to act, with the aim of securing the approval of the company’s members or creditors to a proposal for a voluntary arrangement This is so even if the proposal is ultimately not approved. Officer of the company For IA 1986, Pt I, the term ‘company’ means: a company registered under the Companies Act 2006 ( CA 2006) a company incorporated in an EEA State (that is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as...

Japanese knotweed locations Japanese knotweed occurs across most of the nation. It thrives even in poor-quality or polluted substrates, colonising fringe patches of wasteland in cities and running beside railway corridors. As the bulk of the plant sits underground, it requires only a tiny patch of exposed soil to send up new shoots. Its ability to exploit neglected margins makes it prevalent in built-up districts. See Practice Note: Japanese knotweed—management. The legal framework While there is no statutory duty to eradicate Japanese knotweed or notify regulators, its spread can give rise to civil and criminal exposure and can negatively influence the value, saleability and insurability of land. Civil liability A neighbour may pursue a common law action against a landlord or tenant where Japanese knotweed interferes with their enjoyment or harms their land. See Practice Note: Private nuisance—general principles. The advance of Japanese knotweed into adjoining land can also...

Archived: This Practice Note has been archived and is no longer being updated. The Insolvency Service examines companies that have entered formal insolvency proceedings, including administration, administrative receivership, and voluntary liquidation, throughout England, Wales and Scotland. These enquiries arise once a company is formally insolvent. Who may the Insolvency Service investigate? The Insolvency Service may enquire into those who have exercised control over a company, regardless of whether they are labelled a director. Beyond appointed directors and individuals acting as directors without lawful appointment, the Service can scrutinise the behaviour of shadow directors and others who directed a director, later disqualified, to behave in an unfit way. In relation to a company, a shadow director is a person whose directions or instructions the company’s directors are accustomed to follow. The Company Directors Disqualification Act 1986 ( CDDA 1986) extends to both natural persons and...

Implying terms into a contract is a broad and intricate branch of law. At times, a certain provision is read into every agreement of a given class, whether arising from statute or the common law. In other situations, implied provisions supply language absent from the written bargain by reference to what the parties originally meant on formation, so the arrangement functions as intended. This Practice Note considers implied provisions in construction contracts—for fuller discussion of implied terms in general, and the distinction between terms and representations, see Practice Note: Contract interpretation—express terms in contracts. What are implied terms? An implied term is a provision not expressly settled between the parties and so not recorded in the contract. It will be read into the agreement for a range of reasons and in a variety of circumstances—for example, where it is necessary to give the contract...

CASE HUB Archived This archived case hub records the position as at the date the transaction was abandoned on 25 April 2020; it is no longer updated. See further, the timeline and commentary. Case facts Outline: European Commission merger review into the proposed purchase by Boeing Company of Embrace SA’s commercial aviation business, together with related operational and engineering capabilities, and the parties’ intended joint control of the joint venture, EB Defence LC ( Case M.9097). The deal presented horizontal overlaps in the markets for manufacturing commercial aircraft. Latest developments On 25 April 2020, Boeing Company announced it had called off the transaction. On 8 May 2020, the notification to the Commission was abandoned and withdrawn. Parties Boeing Company ( Boeing): Boeing is an American aerospace and defence corporation headquartered in Chicago, Illinois. Boeing designs, builds, and sells commercial aeroplanes, military aeroplanes, and spacecraft, as well as defence, space, and...

This Practice Note sets out duties on energy market participants in Great Britain under Retained Regulation ( EU) No 1227/2011, referred to as ‘ GB REMIT’. It explains REMIT’s purpose and scope in Great Britain ( GB); the responsibilities of market participants and other participants in the market; the bans on insider dealing and market manipulation; and practical steps for publishing and disseminating inside information. The Practice Note also addresses key enforcement provisions and measures in GB. What is the impact of Brexit on GB REMIT? Brexit played a significant part in shaping GB REMIT, which had previously aligned with the (broadly) corresponding EU REMIT, as explained further in the sections below. Following Brexit, regulatory divergence between GB REMIT and EU REMIT is expected to grow as the frameworks develop separately over time. Great Britain At precisely 11 pm ( GMT) on 31 December 2020, the Brexit...