Legal Practice Notes

Importance of ( WHSs) The UK has ratified the Convention Concerning the Protection of the World Cultural and Natural Heritage (the Convention). The World Heritage List is curated by the World Heritage Committee. World Heritage Sites ( WHSs) are locations, landscapes, monuments or structures whose Outstanding Universal Value is recognised by humanity as a whole. Signatories to the Convention are obliged to identify, safeguard and conserve effectively their WHSs for future generations. Examples in the UK include Stonehenge, Kew Gardens, Maritime Greenwich, Canterbury Cathedral, Saltaire, Hadrian’s Wall, Jodrell Bank, the Slate Landscape of Northwest Wales, and the entirety of the City of Bath. UNESCO designation alone does not of itself impose extra statutory controls. Nevertheless, in England and Wales, protection arises via the planning system—as outlined below—and through overlapping designations, as components of WHSs are frequently listed buildings (see Listed...

Unless a lease contains an express term (which is uncommon), a landlord enjoys an unfettered right to withhold approval for changes the tenant proposes beyond the demise. Definition of demised premises When setting out the demise, minimise ambiguity by clearly identifying any excluded parts, for example, airspace or structural elements. Case law on airspace In H Waites, the High Court summarised the authorities on demised premises and airspace. Nevertheless, the safest course is to describe in the lease, as precisely as possible, what falls within and what lies outside the demise, thereby reducing the risk of later dispute and litigation. In Kelsen, the landlord demised a single-storey shop for a term of seven years. The parcels clause described the demised premises as ‘ All that shop with the rooms and cellars (if any) attached’. The tenant contended that the demise extended to the airspace above the...

This Practice Note This Practice Note surveys the statutory framework governing musculoskeletal disorders, sometimes described as repetitive strain injury ( RSI) claims or work-related upper limb conditions. For workplace accidents occurring on or after 1 October 2013, civil liability no longer stems from breach of statutory duty unless the particular regulation so provides, with such actions therefore to be pursued in negligence. The Note also reviews significant authorities, with the principal emphasis on whether the claimant’s symptoms meet the threshold for actionability. In addition, it considers the leading authority on limitation where musculoskeletal disorders are in issue. The Note addresses a category of injuries caused or exacerbated by forceful, repetitive, and awkward movements undertaken without adequate rest or recovery. These conditions, which are known under various umbrella labels, are commonly called RSI, work-related upper limb disorders, or...

Unacceptable behaviour in the workplace Bullying, harassment and discrimination harm employees, damage firms and, by consequence, affect clients. While previously, such conduct, though never acceptable, may have been more commonplace in some areas of the profession, the landscape has shifted. Legal safeguards are stronger, and there is far wider appreciation of the need both to tackle poor conduct when it appears and to foster cultures that prevent it arising. In 2022, the Solicitors Regulation Authority ( SRA) issued findings from a thematic review of workplace culture, alongside related guidance for firms and solicitors on work environments and managing the risks of failing to protect and support colleagues. It later released further guidance on sexual misconduct, which it may treat as a regulatory concern even if it happens privately outside the office. The SRA has also amended its Codes of Conduct to set out its...

This Practice Note reviews the status of the Workplace ( Health, Safety and Welfare) Regulations 1992, SI 1992/3004 before and after 1 October 2013, alongside section 69 of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013). These regulations define employers’ obligations concerning premises and amenities, addressing matters such as equipment, illumination, floor surfaces and hygiene. It includes guidance identifying provisions that are qualified—for instance where terms like 'suitable' appear—together with advice relating to construction site incidents. Lastly, the Practice Note explores the statutory defences open to defendants. Post-1 October 2013 From 1 October 2013, ERRA 2013, s 69 amended and recast section 47 of the Health and Safety at Work etc Act 1974 ( HSWA 1974). For workplace accidents on or after that date, a breach of statutory duty does not of itself give rise to civil liability unless expressly provided for by the...

Post 1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013) took effect. From that day, civil liability for workplace injuries no longer flows automatically from breach of a statutory duty unless the specific regulation expressly creates it. The Personal Protective Equipment at Work Regulations 1992, SI 1992/2966, contain no such route to civil liability. Accordingly, claimant representatives must instead frame claims in negligence, using any regulatory breach as evidential support. Although it is no longer proper to found a cause of action solely on contravention of a regulation, claimant practitioners will still cite, and often quote, the relevant statutory provisions as articulating the expected standard of care. Accordingly, regulatory duties still play a significant role, operating as benchmarks of expected care within negligence claims rather than as independent grounds of civil...

Member-borne commissions and consultancy charging The use raised concerns that it: left some members facing charges without realising, or without taking up services made available by an adviser; and posed a barrier to switching, as advisers are unlikely to want to lose the benefit of these charges by recommending a move to a pension arrangement that offers no commission or consultancy charging, even if that arrangement provides better value for money for members. Measures were therefore introduced to prevent certain types of personal pension schemes and occupational pension schemes from applying such charges. Over time, these bans were extended in scope......

ARCHIVED: This Practice Note has been archived and is not maintained. This archived Practice Note is not kept up to date. It provides guidance on the workplace parking levy, a charge imposed on occupiers of car parking spaces made available for staff. It covers: the scope of workplace parking levy licensing schemes; statutory requirements for the content of schemes; the provider’s liability; penalty charges; representations and appeals; and payment and recovery processes. Under Chapter 12 of the Transport Act 2000, certain local traffic authorities have the power to bring in workplace parking levy licensing schemes, enabling them to charge the occupier of premises for a licence for car parking spaces (‘licensed units’) that are occupied by motor vehicles and supplied for use by: a relevant person employees, agents, suppliers, business customers or business visitors of a relevant person pupils or students...

Mediation Mediation is a type of alternative dispute resolution ( ADR) commonly used in the employment context to settle conflicts. For further detail on the general use of mediation in employment disputes, see Practice Note: Mediation in employment—introduction. Mediation can occur in a range of situations, both during employment and after it has finished. A distinction can be made between: Workplace mediation Employment mediation Workplace mediation is deployed where there is an ongoing working relationship between the parties at the start of the process. The mediator supports the parties in attempting to resolve their disagreement so they can continue working together. The emphasis is on repairing the relationship rather than concluding a legal dispute. Employment mediation is used where a tribunal claim is either under consideration or has been submitted. The employment relationship may already have ended, although that is not always the case. The...

This Practice Note offers a concise outline of the main health and safety regulations currently operating in England and Wales, with references to related Practice Notes. With effect from 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013) came into force. From that date, a breach of a health and safety statutory duty no longer, by itself, gives rise to civil liability unless the specific regulation so provides. For injuries occurring on or after 1 October 2013, a breach may found a negligence claim. Claims should therefore be advanced in negligence, using any regulatory breach as evidential support. The regulations in this Practice Note made under the Health and Safety at Work etc Act 1974 to implement EU Directives continue to apply as assimilated EU law after the Brexit...

You have a duty to supply suitable and sufficient equipment, facilities and competent personnel so employees receive immediate attention if they are hurt or become unwell in the workplace. There is no fixed rulebook setting out the precise first aid arrangements you must implement; requirements vary with context. What you establish should be suited to your organisation's circumstances. Smaller organisations may only need the minimum first aid provision, while larger organisations, or those with specific first aid risks, often require additional resources and coverage. Consequently, provision should increase where risks or scale dictate. This Practice Note explains how to manage and secure effective first aid provision across your workplace. For material on the regulatory requirements relating to first aid, see Practice Note: First aid in the workplace—regulatory requirements. First aid needs assessment You should already have completed a first aid needs...

You are not obliged to keep a first aid box or kit, yet it is widely regarded as sound practice and the basic measure every organisation ought to adopt. The British Standard BS 8599 ( BS 8599) sets out guidance on the items that workplace first aid kits should contain. Possessing a kit that conforms to this standard is not compulsory, though you may judge that your circumstances warrant meeting or even surpassing the BS 8599 contents. At minimum, it offers a helpful benchmark for judging the suitability of your kit’s stock. Regardless of whether you follow BS 8599, the contents must be customised to the particular requirements of your organisation, as indicated by the results of your first aid needs assessment—see Precedent: First aid needs assessment and Practice Note: How to conduct a first aid needs assessment. This Practice Note outlines the...

Overview of the HR department Depending on the size and set-up of your organisation, the HR function may cover recruitment, training, performance management and talent management. It is essential to be clear about their remit and, where they do not handle every element, how they interface with the teams or providers who do. In smaller organisations, external agencies and suppliers often assume much of the recruitment and training workload, allowing HR to concentrate on internal policies, performance management and day-to-day HR queries from employees and managers, etc. Typical legal issues An employee has submitted a data subject access request under the General Data Protection Regulation ( GDPR) seeking a copy of their HR file. Must we disclose the entire file? See Practice Note: Rights of data subjects An employee casually mentioned possible bullying within their team. No formal grievance has been raised. What, if...

This Practice Note explains the conditions that an individual is required to meet in order to fall within the protection afforded by the Working Time Regulations 1998 ( WTR 1998), SI 1998/1833. Although WTR 1998 grants rights to most workers, several groups are excluded from some or all of its provisions in practice. EU-derived measures like WTR 1998, enacted to fulfil the UK’s obligations under EU law, form part of assimilated law for these purposes. For more detailed information, see Practice Note: Assimilated law. References are made in this Practice Note to judgments of the Court of Justice of the European Union ( CJEU). For guidance on the extent to which CJEU rulings bind UK courts, see Practice Notes: Assimilated law— Assimilated case law and Retained EU law and assimilated law— Retained and assimilated case law. Workers Under WTR 1998, SI 1998/1833, reg 2(1), the term ‘worker’ carries a...

This Practice Note considers how 'worker' is defined under the Employment Rights Act 1996 ( ERA 1996), alongside other employment statutes. Key concepts For the purposes of employment law, someone supplying labour or services to another may fall into one of the following: a worker, which brings specific statutory protections under employment law an employee (see Practice Note: Employee status), attracting further employment law entitlements (eg protection from unfair dismissal, maternity leave and redundancy rights) neither a worker nor an employee (ie self-employed, or an independent contractor), in which case employment law affords no rights Everyone with employee status also satisfies the statutory meaning of 'worker' for the purposes of the wider category's protections. However, not every worker falls within the definition of 'employee'. Accordingly, a person who does not achieve employee status may nonetheless be a 'worker'. For a...

Scope of this Practice Note This Practice Note sets out a collection of worked illustrations for drafting pleadings in a straightforward contractual debt setting, namely: the particulars of claim defence a reply grounded on a hypothetical simple contractual debt claim to which the Late Payment of Commercial Debts ( Interest) Act 1998 applies For guidance on debt claims, refer to the following Practice Notes, together with the associated Checklists and Flowchart: Debt claims Discharging a contractual debt Starting a contractual debt claim—a practical guide Starting a contractual debt claim—checklist Responding to a contractual debt claim—checklist Starting proceedings under the Pre- Action Protocol for Debt Claims—flowchart The worked examples below are not drafted as Precedents. They are illustrative only, do not attempt to capture every conceivable claim or defence that could be raised on the assumed facts, and are not presented as ‘the perfect pleading’......

FORTHCOMING CHANGE : In the inaugural Budget of the new Labour administration on 30 October 2024, the Chancellor of the Exchequer, Rachel Reeves, announced that the currently unlimited 100% rate of APR will be restricted to the first £1m of value, taking into account the value of business property relief held by the taxpayer and which is also eligible for 100% relief. This change is expected to take effect on 6 April 2026......

The manner in which witness evidence is presented is not governed by a rigid protocol and will, accordingly, differ from one arbitration to another. It falls to the tribunal to choose a process suited to the dispute and to decide whether there should be oral testimony and, if so, to what extent. The tribunal should settle the procedure at an early stage of the proceedings so that the parties are clear on how, and in what form, their evidence is to be given. Conventionally, international arbitral tribunals have favoured a model where witnesses testify in person and adversarial cross-examination then takes place. The IBA Rules on the Taking of Evidence in International Arbitration ( IBA Rules) reflect this model. By contrast, in December 2018 the Rules on the Efficient Conduct of Proceedings in International Arbitration (the Prague Rules) were signed, offering parties an...

Introduction This practice note reviews the ‘ Without Prejudice’ ( WP) principle under the onshore civil law of the United Arab Emirates (‘ UAE’), its policy foundations, and its application in Dubai‑seated arbitration, in light of the recent Dubai Court of Cassation Case ( DCC Case) No. 486/2024. The WP doctrine traces its lineage to English common law. Among the leading authorities on WP in correspondence, the UK Court of Appeal’s decision in Walker v Wilsher (1889) 23 QBD 335 affirmed a stringent approach to WP in the nineteenth century. Concerned that the very aim of the limitation might be defeated, the Appeal Court agreed it would be ill‑advised for courts to admit as evidence the conduct of litigants contained in letters written without prejudice. At that time, there was no exception regarding costs. The formulation ‘without prejudice save as to costs’ arose much later, in the...

Withdrawal of Part 1 arrest warrants and Part 2 extradition requests If an arrest warrant, whether issued or certified, under Part 1 of the Extradition Act 2003 ( EA 2003) (a Part 1 arrest warrant), or an extradition request under EA 2003, Pt 2 (a Part 2 extradition request), is withdrawn before a requested person is extradited, the requested person must be discharged......