Legal Practice Notes

Sewage disposal Sewage disposal in England and Wales is mainly governed by the Urban Waste Water Treatment ( England and Wales) Regulations 1994, SI 1994/2841, which give effect to the Urban Waste Water Treatment Directive 91/271/ EEC (as amended). For a summary of that Directive, see Practice Note: Urban Waste Water Treatment Directive 91/271/ EEC—snapshot. Under regulation 4 of the 1994 Regulations, the duties on sewerage undertakers in section 94 of the Water Industry Act 1991 are reinforced by obligations to ensure that “collecting systems” are in place by set dates, and to ensure that urban waste water entering those systems receives treatment in line with regulation 5. For more on WIA 1991, s 94, see Practice Note: Sewers and drains—sewerage undertakers’ core duties and powers. Every sewerage undertaker must produce, publish and keep up to date a drainage and wastewater management plan ( DWMP). This is a...

The purpose and scope of petroleum agreements For a private sector participant (the ‘investor’) to undertake oil and gas exploration and production ( E& P) onshore or offshore, the investor must secure approval from the ultimate owner of the hydrocarbons, which is ordinarily the host state. State ownership may arise under a constitution (for example, Iran) or pursuant to statute (for example, the UK). Such approval is generally structured in one of three ways—though numerous hybrids combine elements of these models: a concession (in contemporary usage, a licence or a lease), a production sharing contract (a ‘ PSC’), or a service contract. In this Practice Note, these arrangements are collectively termed ‘petroleum agreements’. A petroleum agreement sets the parameters within which an investor conducts E& P operations in a specified area. It typically covers a broad array of matters, the key ones being...

CASE HUB ( NOTE—appeal lodged by Commission at Court of Justice in Case C- 265/17 P) ARCHIVED —this archived case hub reflects the position at the date of the judgment of 7 March 2017; it is no longer maintained. See further: timeline, commentary and related/similar cases Case facts UPS brought an action before the General Court to annul the Commission’s decision of 30 January 2013 that blocked its planned acquisition of TNT ( Case M.6570), challenging the prohibition measure imposed on the transaction. Outline On 7 March 2017, the General Court annulled the Commission’s decision due to a procedural defect. The Court found that UPS’s rights of defence were breached because the Commission relied on an econometric analysis that, in its final form, had not been discussed with the parties during the administrative phase. This case stands out as merger prohibitions by the Commission are uncommon, and...

This Practice Note examines the validity of arbitration agreements, concentrating on the law of England and Wales (with ' English' and ' England' used as shorthand throughout), while also drawing on comparative examples from other jurisdictions. It should be read in conjunction with the Practice Notes: Arbitration agreements—definition, purpose and interpretation; Arbitration agreements—the in writing requirement; and Arbitration agreements—content. Requirements of an arbitration agreement Under English law, an arbitration agreement must, among other requirements, be in writing and sufficiently certain to be enforceable—see the Practice Notes mentioned above. The Arbitration Act 2025 inserts AA 1996, s 6A (law applicable to the arbitration agreement). If the parties want the arbitration agreement to be governed by a law other than the law of the seat, they must make an express choice; a governing law clause for the principal contract does not, by itself, amount to an express choice of law for...

FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT are set to be superseded by a single, self‑assessed tax on securities — the securities transfer charge ( STC) — to be paid and reported via a new online portal. The STC’s core features are expected to broadly reflect the proposals consulted on in 2023. Finance Act 2026 ( FA 2026) confers a power for secondary legislation to let taxpayers trial the digital service, self‑assessing their stamp taxes on securities liabilities and submitting transactions electronically. For further details on the modernisation of stamp taxes on securities, see: News Analyses: Budget 2025— Tax analysis— Stamp and transfer taxes Tax update spring 2025— Stamp taxes on shares modernisation Tax update spring 2025— Tax analysis— Stamp and transfer taxes TAMD 2023— Stamp taxes on shares...

Note: For collisions after 1 March 2017, the Motor Insurers’ Bureau ( MIB) will meet claims for damage to an uninsured motorist’s car where another untraced driver caused it. The government said this amendment was required to comply with the EU Motor Insurance Directive and that the changes would be revoked following Brexit. The untraced driver Where the motorist who causes a crash cannot be identified, for example after a hit-and-run, the claimant should apply straight to the MIB. Under the terms of the applicable agreement, the MIB will compensate a victim of an accident involving an untraced driver for: injuries death property damage The Untraced Drivers’ Agreement 2017 covers accidents on or after 1 March 2017. For accidents on or after 14 February 2003 and before 1 March 2017, the Untraced Drivers’ Agreement 2003 applies. Before that, claims concerning untraced drivers fell under the...

Unreasonable behaviour in divorce proceedings issued prior to 6 April 2022 The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after that date fall within DDSA 2020 and the procedural reforms made to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For additional guidance, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued on or before 5 April 2022 continue under the pre- DDSA 2020 law, whether started through the digital system or by paper forms. These applications are unaffected by the commencement of DDSA 2020 and the consequential changes to procedure. The same applies irrespective of the mode of submission. This document sets out the position for proceedings begun before 6 April 2022. DDSA 2020 prompted consequential legislative amendments, including revisions to FPR 2010, Pt 7. To...

This Practice Note sets out the practical measures a tenant should take to renew its business tenancy under the Landlord and Tenant Act 1954 ( LTA 1954) where the landlord does not object. It outlines how to serve a section 26 request for a new lease or respond to a landlord’s section 25 notice, the time limit for starting proceedings, agreeing extensions to that statutory limit, the required form and content of the claim, the correct court for issue, how to answer the claim, and the subsequent stages of the lease renewal process. Check LTA 1954 applies Before acting, confirm that LTA 1954 applies per s 23, namely: there is a periodic or fixed-term tenancy; the LTA 1954 does not cover, for example, a licence or a tenancy at will the tenant occupies at least part of the premises that...

This Practice Note outlines the practical actions a landlord should take when handling a business lease renewal under the Landlord and Tenant Act 1954 ( LTA 1954) in circumstances where it does not resist the grant of a fresh tenancy to the tenant. It sets out guidance on serving a section 25 notice or addressing the tenant’s section 26 request, the time limit for commencing proceedings, agreeing extensions to the statutory timetable, the form and content of the claim, where to issue, responding to the claim, and the next stages in the lease renewal proceedings. It explains deadlines for issuing proceedings and how to agree extensions to the statutory deadline. Check LTA 1954 applies Before taking any step, confirm the tenancy meets LTA 1954, s 23 requirements, namely: there is a periodic or fixed-term tenancy; LTA 1954 does not apply to, e.g., a licence or...

In this Practice Note, 'cohabitant' denotes an unmarried partner (excluding a civil partner) of a member. This Practice Note also references the European Convention on Human Rights ( ECHR) and its relevance. The ECHR is an international treaty ratified by the UK in 1951. It became enforceable domestically through the Human Rights Act 1998, which gives legal effect to the rights guaranteed by the ECHR, giving effect to the rights contained within it. Rulings of the ECt HR are not binding; however, the Human Rights Act 1998 provides that UK courts must take into account any judgment, decision, declaration or advisory opinion of the ECt HR. As the ECHR is incorporated into UK law via the Human Rights Act 1998, neither Brexit nor the Retained EU Law ( Revocation and Reform) Act 2023 alters the UK’s position in respect of the ECHR. For details on the pension...

This Practice Note outlines the key characteristics of an unlimited company and explains why an unlimited company might be chosen as the vehicle for carrying on a business rather than a limited company... What is an unlimited company? An unlimited company is a private company whose members are not restricted in their liability to contribute towards the company’s obligations on a winding up. An unlimited company cannot be a public company. It may exist with or without share capital. Where shares are issued, they provide working capital and indicate each member’s rights, but they do not cap members’ liability... Why incorporate as an unlimited company? Members of unlimited companies do not enjoy one of the commonly cited advantages of incorporation over being self-employed or operating as a partnership: limited liability. Consequently, if the company is wound up, members themselves must meet any debts,...

This Practice Note offers insight into how the relevant parts of the CPR should be read and applied. Depending on the forum in which your case is heard, you may have to take account of further provisions—see below. This Practice Note focuses on a distinct form of order called an ‘unless order’. The immediate effect of defaulting on an unless order is that a sanction takes effect (most commonly the striking out of a claim or defence), requiring an application for relief from sanctions—see: What are the consequences of breaching an unless order? This Practice Note should therefore be used alongside the following Practice Notes: Case management—compliance Strike out for failure to comply with a rule, practice direction or order ( CPR 3.4(2)(c)) Relief from sanctions—making or opposing an application Relief from sanctions—the courts’ approach What is an ‘unless order’? An ‘unless order’ is an order by which a...

Unlawful means conspiracy This Practice Note addresses the civil economic tort of unlawful means conspiracy and sets out its essential components: a collaborative arrangement or coordinated conduct, the deployment of unlawful means, awareness of that unlawfulness, a purpose to harm the claimant, an overt step taken to advance the agreement, and consequent loss... Combination or concerted action Use of unlawful means Knowledge of the unlawfulness Intention to injure the claimant An overt act in pursuance of the agreement Resulting damage For broader assistance on civil conspiracy (including the difference between lawful and unlawful means conspiracy), and on pleading and evidencing such allegations, see Practice Notes: Civil conspiracy claims (economic tort) Lawful means conspiracy (civil action) Unlawful means conspiracy is a civil cause of action—one of the economic torts—offering a potential remedy where a defendant’s conduct causes...

This Practice Note outlines the pragmatic measures an employer ought to weigh where actual, threatened, or suspected unlawful competition arises from a current or former worker, and before commencing substantive court action. Need to avoid repudiatory breach When alleged unlawful competitive conduct is carried out by one or more of the employer’s current employees, the paramount consideration throughout any engagement with them is to refrain from acts or omissions that could entitle the worker to assert constructive dismissal, namely any actual or anticipatory breach by the employer that strikes at the root of the contract and is serious enough to justify resignation without notice. Care should be taken at every stage of managing the individuals concerned to ensure no step could ultimately be treated as a fundamental breach by the employer. For broader guidance on the legal and practical...

ARCHIVED This Practice Note is archived and no longer updated. It outlines the pre-amendment law on unjustified threats relating to trade mark infringement, before changes introduced by the Intellectual Property ( Unjustified Threats) Act 2017 ( IP( UT) A 2017). Communications issued before 1 October 2017 remain subject to the earlier regime for patents, trade marks and designs, where relevant. Any citations in this Practice Note to the Trade Marks Act 1994 and the Community Trade Mark Regulations 2006 refer to those instruments as they stood before amendment by the Intellectual Property ( Unjustified Threats) Act 2017 ( IP( UT) A 2017) on 1 October 2017. For details of the current threats regime applying to communications from 1 October 2017 onwards, consult the maintained Practice Note: Unjustified threats of intellectual property right...

Practice Note: Unjust enrichment—elements of the claim As outlined in this Practice Note, unjust enrichment claims usually turn on four matters: the defendant has been enriched the enrichment was obtained at the claimant’s expense an ‘unjust factor’ makes it improper for the defendant to keep that enrichment the defendant may have a particular defence Such claims are intensely fact-sensitive. This Practice Note sets out examples of the courts’ approach in practice and demonstrates the wide spectrum of situations in which unjust enrichment may arise. Case details DMA Resources Ltd v Brazilian Nickel Ltd [2026] EWHC 833 ( Ch) — 21 April 2026 Brief outline of facts: An investment introducer claimed commission after allegedly reintroducing Resource Capital Funds ( RCF) to the defendant, which led to RCF investing in the defendant’s mining project. Nature of defendant’s...

ARCHIVED: This Practice Note is archived and is no longer maintained. This Practice Note examines the particular questions that can emerge when the parties are bound by a contract yet a potential claim in unjust enrichment might also be in play. In that situation, scope for pursuing unjust enrichment in the presence of an ongoing contractual arrangement is narrow, as outlined below. In addition, any party must still meet the general prerequisites for bringing an unjust enrichment claim as set out in Practice Note: Unjust enrichment—elements of the claim, and remain alert to any defences that could be advanced, as discussed in Practice Note: Unjust enrichment—defences. The relationship between unjust enrichment and contracts Claims seeking restitution for unjust enrichment are separate and different from actions in contract. The general rule is that, where a claimant and a defendant are linked by a...

The USS is a private sector occupational pension arrangement for higher education institutions. It offers benefits on a salary‑linked, defined benefit basis. Set up collectively by universities in the 1970s, it ranks among the largest private sector pension schemes in the UK. Legal framework The USS was first constituted by a declaration of trust dated 2 December 1974, and is now governed by a trust deed and rules dated 19 November 2015, effective from 1 April 2016. It is subject to pensions legislation in the same way as any other UK private sector occupational pension scheme. Administration and governance Universities Superannuation Scheme Limited (the USS Trustee) acts as the sole trustee and is accountable for running and administering the USS. The Trustee Board passes day‑to‑day scheme oversight to the Group Executive Committee, comprising nine individuals. The Trustee’s board of directors is required to consist of ten to twelve...

The pay-outs under long-term or life assurance arrangements can, in some cases, be tied to the worth of particular assets. Those assets are commonly, though not always, investment funds or unit trusts. A policy might be stated to track the value or performance of a set number of units in the relevant fund, or alternatively it might be linked to a share index. Such arrangements are generally called ‘unit‑linked’ or ‘linked long term contracts’ (‘unités de compte’ in French and ‘fondsgebundene’ in German). Strictly, ‘unit‑linked’ sits within the broader category of ‘linked long term’, as a contract can, albeit infrequently, link straight to a non‑unitised asset. They present a range of legal and regulatory questions, succinctly outlined in this Practice Note. EU regulatory status Linked long-term contracts are categorised as Class III under Annex II to Directive 2009/138/ EC (the Solvency II...

Introduction Typically, oil and gas licence holders put in place separate joint operating agreements ( JOA) to govern their relationship and the way they intend to collaborate on exploration, development and production under a particular licence. For broader guidance on joint operating agreements in the sector, see Practice Notes: The purpose and the principles of the joint operating agreement and Joint operating agreement—key clauses. There are, however, situations where hydrocarbon reserves ‘straddle’ two or more licences that would otherwise be unrelated. In such cases, the following connected questions arise: how parties under different licences can produce hydrocarbons from these fields while sharing an objective of maximising potential without needlessly depleting the field how any revenues generated by operations conducted across two (or more) distinct licences should be allocated how to establish the respective interests of each licence holder To address these matters, the oil and gas...