Legal Practice Notes

Has a complete agreement been reached? It may seem peculiar to ask if a full agreement exists at the very moment the parties have decided that one of them will prepare a settlement draft. Yet practical experience shows that, once drafting begins, it can emerge that certain matters were never fully covered in the negotiations. As a result, the drafting stage can prompt fresh discussions before the complete set of terms is finally settled. This can be monitored during talks by using a checklist reflecting the headings in this Practice Note, while also allowing for the distinctive subject matter of the dispute in question. Some items may have been purposely left open. Parking a difficult point until drafting can be a tactical step, taken because one side believes compromise on that issue might be easier later than if confronted earlier. To meet that tactic, a...

This How to guide outlines what to think about when establishing a trust and points to related resources. It focuses on private trusts (not charitable trusts). What form will the trust take? There are several ways in which a private trust can be created: An express private trust can arise by: lifetime declaration by the settlor (see Practice Note: Creation of trusts—by declaration) transferring property to trustees subject to a trust arrangement (see Practice Note: Creation of trusts—by transfer of property to trustees) Will (see Practice Note: Creation of trusts—by Will) exercise of trustees’ powers (see Practice Note: Creation of trusts—by exercise of trustees powers) the Court in particular proceedings ...

This Practice Note explains how to serve an application for a matrimonial or civil partnership order within the jurisdiction, where the proceedings are issued on or after 6 April 2022. It details what must be served and the available service routes, setting out requirements for personal service, service by email, and the deadlines for effecting service. It also addresses tracing the respondent, using alternative service, obtaining orders for deemed service, and applications to dispense with service. Guidance on serving a child and a protected party is included. For proceedings issued before 6 April 2022, see Practice Note: Service of applications for matrimonial and civil partnership orders within the jurisdiction (pre- DDSA 2020). For other family proceedings (not applications for matrimonial and civil partnership orders in the UK), refer to Practice Notes: Service of documents in family proceedings other than...

This Practice Note reviews the general jurisdiction gateways that may apply irrespective of the nature of the claim (the general grounds). They include: claims seeking relief against a person domiciled in England and Wales (gateway 1) claims against a person over disputes arising from the operations of a branch, agency or other establishment (gateway 1A) applications for an injunction to compel or restrain conduct in England and Wales (gateway 2) additional claims under Part 20 where the person to be served is a necessary or proper party to the original or additional claim (gateway 4) ancillary claims founded on the same or closely related facts as the principal claim (gateway 4A) This Practice Note should be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). Gateway 1—the remedy is against a person domiciled in England and Wales Gateway 1 ( CPR PD 6B, para 3.1(1)) provides that the claimant may serve a claim form out of...

This Practice Note sets out the framework for serious professional misconduct affecting teachers, administered by the Teaching Regulation Agency ( TRA) on behalf of the Secretary of State for Education, under powers in sections 141A–141H of the Education Act 2002 ( EA 2002). It explains what amounts to serious professional misconduct, with reference to the Teachers’ Disciplinary ( England) Regulations 2012, SI 2012/560 and Department for Education ( Df E) guidance for professional conduct panels ( PCP). It outlines the investigative process, when a PCP should be called, the PCP’s available powers and procedure, decisions by the Secretary of State, possible sanctions, and the rights of appeal against determinations... Disciplinary proceedings EA 2002, ss 141B–141H (inserted by the Education Act 2011) empower the Secretary of State to examine any case referred to them alleging that a teacher: may have engaged in...

This Practice Note explains the tax consequences to consider when a relationship ends, ie separation, divorce or dissolution, covering income tax, capital gains tax, stamp duty land tax and inheritance tax. Independent expert guidance should be obtained where appropriate and necessary. As there are no particular tax consequences for relationships between unmarried couples or those who have not entered into a civil partnership, there are likewise no specific bespoke tax rules when their relationship breaks down. There is, however, a general capital gains tax ( CGT) principle that dealings not on arm's length terms must be treated as occurring at market value—a transaction between an unmarried/non‑civil partnership couple living together may well be regarded as not at arm's length. For married couples and civil partners, the principal relevant tax provisions applicable to spouses/civil partners stop applying when the...

This Practice Note examines the approach to sentencing offenders in England and Wales who have assisted law enforcement. It addresses both statutory and common law frameworks for assistance, and the position where an offender declines to help. There is an established practice of discounting the sentence that would otherwise be passed to acknowledge the provision of information and help to the police. The rationale is pragmatic: the public interest in rewarding aid to the authorities and safeguarding sources has long been recognised. Credit for giving assistance at common law At common law, an offender convicted of an offence may obtain credit for assistance rendered to the police or other law enforcement. The common law route remains more commonly deployed than the statutory scheme described below. Under common law, the prosecution is obliged to lay before the sentencing judge all pertinent material, including any...

ARCHIVED: This Practice Note was archived and is not maintained. Leveraged finance arrangements are frequently supported by multiple funding streams. Equity and senior debt are the norm; where further funds are required, mezzanine or other junior debt (for example, second lien, payment-in-kind ( PIK) or high yield notes) may be added. Mezzanine is so named because it sits behind senior debt but ahead of equity in priority. For additional detail on typical structures and financing options, see Practice Notes: Structure of a buy-out and Sources of finance. Practice Note: Introductory guide to acquisition finance provides a primer on acquisition finance, and the Glossary of acquisition finance terms and jargon defines commonly used expressions. This note offers introductory guidance on: the mezzanine facility agreement methods by which mezzanine debt can be subordinated to senior debt key intercreditor agreement points for senior and mezzanine...

What is the ? The forms part of the First Tier Tribunal ( FTT) within the Health, Education and Social Care Chamber (the Tribunal). Decisions of the FTT can be appealed to the Upper Tribunal ( UT). The FTT considers appeals concerning children and young people with special educational needs ( SEN), as well as disability discrimination claims relating to schools and local authorities ( LAs), including exclusions from school. How is a panel constituted? FTT panels are generally constituted of three members, though two-member panels are increasingly common. The panel is always chaired by a legally qualified member, while the others have substantial experience of SEN and disability matters. The UT consists of a single legally qualified member. When can an appeal be made to the First Tier Tribunal? All parents/guardians and young people have a right to appeal to the...

Background to semiconductors A semiconductor is, at its core, a material with electrical conductivity that can permit or, alternatively, obstruct the passage of electric current. Chips based on semiconductors—seen in devices such as computers, mobile phones and microwave ovens—are typically produced from circular silicon wafers. Intellectual property rights operate to safeguard the semiconductor sector, encompassing electronic circuit boards and the component chips. Semiconductor topography rights The semiconductor topography right sits alongside unregistered design law and is aimed at protecting a particular industrial article, namely, as noted above, the electronic circuit board and the layout of semiconductors. This right entered UK law through the Design Right ( Semiconductor Topographies) Regulations 1989, SI 1989/1100, which implemented European Directive 87/54/ EC and now form assimilated law as EU‑derived domestic legislation. Assimilated law is the term applied to retained EU law ( REUL) that continues in force after the end of 2023. The...

Under UK health and safety law, self-employed individuals must meet health and safety duties where: they hire people to work for them, and/or the activity being carried out is a prescribed undertaking, or the activity being carried out creates a risk to the health and safety of others Practically, this means self-employed persons who have no workers, do not undertake a prescribed activity, and whose work presents no potential risk to others are exempt from the obligations set by health and safety law. Put simply, if your solo work neither employs others nor endangers anyone, and is not prescribed, these legal duties will not apply. When is someone classified as 'self-employed' under health and safety law? The Health and Safety at Work etc. Act 1974 ( HSWA 1974) states a person is regarded as self-employed if they work for gain or reward other than under a...

Self-build and custom housebuilding ( SCH) forms a significant and recognised strand of the government’s overall housing planning approach and strategy. The Self-build and Custom Housebuilding Act 2015 ( SCHA 2015) enables people who intend to create their own home to register their interest in acquiring land with the relevant authority, which must: keep and maintain an SCH register have regard to the demand for SCH, as evidenced by the registers kept by the authority, when exercising certain functions, including those relating to planning and housing What is self-build and custom housebuilding? Under SCHA 2015, s 1, self-build and custom housebuilding covers cases where an individual, a group of individuals, or persons acting with or for individuals or such groups, construct or complete houses to be occupied as homes by those individuals. Planning Practice Guidance ( PPG) expands on this by stating that, in judging whether a home is a...

When security is properly created, it binds the security provider and the secured party as between themselves. However, that security will not, as a general rule, bind third parties, such as a liquidator or an administrator of the security provider. In many situations, extra steps are needed to ‘perfect’ the security in question. Perfection is the method by which the security becomes enforceable against certain third parties (though not necessarily every third party). For details on third parties who may not be bound even after perfection, see: The difference between perfection and priority below......

Definitions The terms and conditions ( T& Cs) for the notes (the Notes) appear within the Prospectus and, for every form of securitisation, also as a Schedule to the Trust Deed itself. This Practice Note outlines what is set out in those T& Cs. Usually, the T& Cs relate to the Notes solely in global form and indicate that, in certain narrow situations, definitive Notes might on occasion be issued. In those instances, the T& Cs will be revised as required. This method removes the need to address definitive Notes, Coupons and Talons within the T& Cs, the Trust Deed or the Master Definitions Schedule across the documentation suite. Previously, aspects of the T& Cs were shaped on the assumption that Noteholders would trade definitive Notes bearing the T& Cs on the reverse, and a potential purchaser needed clarity in full about exactly what was being...

This Practice Note explores concerns faced by legal advisers when seeking to secure evidence and documents from an unco-operative former employee while representing their previous employer in a dispute. It focuses on practical steps and procedural options available in such circumstances for employers and their representatives alike. Normal practice requires a witness statement The standard method of presenting oral testimony from a factual witness at trial is to serve a witness statement, expressing in the witness’s own language the evidence they can provide on the issues to be proved or challenged by the party intending to call them. Guidance on the purpose and preparation of such statements is set out in Practice Note: How to write a credible witness statement. Where an ex-employee declines to supply a witness statement before trial, a party may apply for the court’s permission to serve a witness summary of that...

This Practice Note sets out guidance on the tenancy condition that must be met for a tenant to obtain security of tenure under section 79 of the Housing Act 1985 ( HA 1985). It also addresses issues that may arise where security of tenure is threatened. Security of tenure A tenant of a dwelling house, let as a separate dwelling, will have security of tenure as a secure tenant under HA 1985, s 79 at any time when the ‘landlord condition’ and the ‘tenant condition’ are met. The ‘landlord condition’ is that the landlord’s interest belongs to one of several prescribed authorities or bodies; in practice, this will usually be a local authority. The ‘tenant condition’ is that the tenant is an individual who occupies the dwelling house as his or her only or principal home (or, for a joint tenancy, that at least one of them...

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL DEFINED BENEFIT PENSION SCHEMES THAT ARE SUBJECT TO THE EMPLOYER DEBT REQUIREMENTS Corporate reorganisations frequently lead to an employment cessation event, for instance when employees move between group companies or when redundancies occur as part of the exercise. An employer debt under section 75 of the Pensions Act 1995 can accordingly be triggered, potentially frustrating the objective of the group reorganisation (usually to reduce expenditure for the group and/or strengthen its financial sustainability). For further information on ‘employment cessation events’, see Practice Note: When is a section 75 debt triggered? — An employment cessation event occurs in a multi-employer scheme. Two easements to the employer debt regime were introduced in April 2010 under the Occupational Pension Schemes ( Employer Debt and Miscellaneous Amendments) Regulations 2010, SI 2010/725: the general easement the de minimis...

STOP PRESS: The Planning and Infrastructure Act 2025 received Royal Assent on 18 December 2025. This content is presently being reviewed in line with the Act. What is section 36 of the Electricity Act 1989? Section 36 of the Electricity Act 1989 ( EA 1989) places a statutory obligation on anyone proposing to construct, expand or operate an electricity generating station to secure consent from the ‘appropriate authority’—that is, the Secretary of State ( So S), Scottish Ministers or Welsh Ministers, depending on the location—unless an exemption applies. Exemptions exist for particular capacities and types of generating stations, for example onshore wind stations in England and Wales, and projects authorised under other legislative consents such as the Planning Act 2008 ( PA 2008). With the advent of the development consent regime under PA 2008, the need to seek consent under EA 1989, s 36 has been...

This collection of training resources comprises template Power Point slides that can act as the foundation for one or several training sessions concerning secondary equity offerings as needed. The materials will help legal advisers, company secretaries, members and directors to develop an understanding of the applicable law and regulation around securing further equity investment, and include a link to other materials and guidance for their use. It is expected that trainers will adopt these slides as a useful springboard for their talks, then tailor and update them as appropriate to suit their own specific circumstances. In particular, the principal considerations and......

This Practice Note summarises illustrative cases relevant to search and/or imaging orders dated from 6 April 2025 onwards This note outlines representative authorities concerning search and imaging orders from 6 April 2025. For significant and illustrative rulings predating 2025, consult Practice Note: Search orders—key and illustrative decisions (pre- April 2025) [ Archived]. Be aware that the CPR provisions concerning interim injunctive relief, covering search and imaging orders, were updated with effect from 6 April 2025. CPR 25 was substantially revised and the related Practice Directions were revoked on that date, including the specimen draft search order in Annex A of Practice Direction 25A and the example imaging order that had been added to Annex B of Practice Direction 25A on 6 April 2022. These were replaced on 6 April 2025 by a new model search and imaging order (the ‘model search and imaging...