Legal Practice Notes

This Practice Note explores the entitlement not to be excluded or expelled from a trade union, the situations in which that entitlement may cease to apply under statute and the common law, together with the mechanisms for enforcing the right. An individual benefits from a statutory right not to be excluded from, or expelled by, a trade union except in certain specified situations. There is, in addition, a more restricted common law protection concerning exclusion or expulsion. For information: on the statutory right of a trade union member not to be unjustifiably disciplined by their union, see Practice Note: Discipline by trade unions on the rights that arise in specified circumstances relating to the activities of a trade union, see Practice Note: Rights relating to activities involving unions Common law right An individual who has applied to join a trade union may have a right not to...

Summary of obligations A trade union is subject to a number of statutory obligations, including the following that apply: it must compile and maintain a register of members’ names and addresses, and must ensure, so far as practicable, that this register is accurate and kept up to date It must also send a membership audit certificate to the Certification Officer in respect of each reporting period, stating whether the union has complied with its obligation to maintain the register and keep it up to date......

ARCHIVED: The Trade Union Act 2016 ( TUA 2016) The TUA 2016 introduces a series of significant and contentious reforms to the legal framework governing trade unions and industrial action. This archived Practice Note: charts the evolution and current position of TUA 2016 sets out the provisions that have not yet been commenced Development and status of the Act In the Queen’s Speech 2015, the Government signalled a Trade Union Bill that would: make a strike ballot valid only where more than 50% of a union’s members vote (while keeping the requirement for a simple majority in favour) introduce time limits on the duration of a mandate following a ballot for industrial action require, in specified essential public services (eg health, education, fire, transport), that 40% of those entitled to vote back industrial action tackle intimidation of workers who choose not to strike during a...

Background This Practice Note sets out a concise, high-level overview of the principal points of comparison between both the UK and the EU in relation to, and concerning, trade marks that have emerged since the UK left the EU on 31 December 2020 ( IP completion day). It also further considers the effects of the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) on trade mark law, and contrasts the respective UK and EU frameworks for protecting geographical indications ( GIs), and exhaustion of rights. For discussion of other IP rights across the UK and EU, see the related Practice Notes: Patents and SPCs— UK/ EU comparison, Designs— UK/ EU comparison, and Copyright and databases— UK/ EU comparison. IP law is significantly harmonised across the EU. Before Brexit, numerous features of UK IP law were aligned with the EU...

Trade mark litigation procedure—framework This Practice Note provides an overview of trade mark litigation procedure. The Intellectual Property List, a specialist list within the Business and Property Courts, includes the Patents Court and the Intellectual Property Enterprise Court ( IPEC) sub-lists. Trade mark disputes are usually heard in the general Intellectual Property List or in the IPEC sub-list. It explains how to commence proceedings, prepare and serve statements of case, and covers case management, disclosure and inspection, evidence and trial. It also addresses costs and the timetable. This Practice Note relates to actions concerning UK trade mark registrations, governed by the Trade Marks Act 1994 ( TMA 1994). For further detail on the legal basis for trade mark infringement and enforcement, see Practice Notes: Trade mark infringement— UK and Intellectual...

Introduction This document offers swift access to Precedents connected to trade mark infringement and passing off. These cover letters of claim and the principal statements of case used to commence and progress trade mark infringement and passing off actions. Precedents Letter of claim—trade mark infringement See Precedent: Letter of claim—trade mark infringement. This Precedent provides a letter of claim (also known as a letter before action or a cease and desist letter) for situations involving an alleged trade mark infringement. A letter of claim alerts the alleged infringer that court proceedings may follow. The courts regard litigation as a measure of last resort, so parties are urged to address disputes early through dialogue and the exchange of information and documents. Issuing a letter of claim facilitates communication between the parties and can lead to settlement without commencing proceedings. After correspondence, the infringement may cease and the trade mark owner may, by...

This Practice Note sets out the IP and competition law issues which may arise in connection with character merchandising (ie the practice of licensing the name or likeness of a character for use in the marketing of goods or services, which will usually require the licensing of trade marks and/or copyright) in the EU. It also explores matters that may engage Articles 101 and 102 of the Treaty on the Functioning of the European Union ( TFEU), together with any block or individual exemptions that could be relevant and apply. In principle, tying a product or service to a character can significantly heighten its perceived appeal in the marketplace to consumers. For rights holders, beyond the stream of royalties, exploiting these character assets can be a powerful tool for brand promotion and sponsorship activities and partnerships. For a real-world...

This Practice Note offers practical guidance on trade in services under the Australia– UK Free Trade Agreement ( Aus‑ UKFTA). It clarifies the scope of services covered by the FTA and the associated commitments relating to, among others, national treatment, most favoured nation ( MFN) treatment, market access, local access, domestic regulation and transparency. Introduction The Aus‑ UK FTA encompasses not only trade in goods but also trade in services, investment, intellectual property and government procurement, together with chapters addressing areas such as the environment, gender equality and development. This Practice Note concentrates specifically on trade in services. Scope of the Aus‑ UK FTA The General Agreement on Trade in Services ( GATS) governs measures that impact the supply of a service. For background on this, see Practice Note: An introduction to Trade in Services. The Aus‑ UK FTA highlights examples of measures that may affect how a...

Introduction This Practice Note offers practical guidance on trade in goods under the Australia and UK Free Trade Agreement ( Aus- UK FTA), addressing how each side’s goods are treated and the parties’ tariff commitments. While the Aus- UK FTA ranges beyond goods to include services, investment, intellectual property and government procurement, it also contains chapters on themes such as the environment, gender equality and development. This Practice Note deals specifically with trade in goods. The agreement covers all goods listed in each party’s schedule of tariff commitments. It sets out multiple rules on the treatment of goods traded under the Aus- UK FTA, of which the following are most pertinent: national treatment goods classification handling of customs duties goods re-entered after repair or alteration application of non-tariff measures and related consultations import and export...

Consent or agreement To discharge liquid effluent from trade or industrial premises, a consent, or an agreement, must be in place with a local water and sewerage undertaker for release into: a public sewer a private sewer that subsequently connects to a public sewer For information on water companies and water supply/sewerage licensees, see: Ofwat: Licences and licensees. To seek trade effluent consent, a Trade Effluent Notice must be submitted to the sewerage undertaker. Where an application is unsuccessful, the water company will set out the reasons for refusal in writing. There is a right of appeal to Ofwat under section 122 of the Water Industry Act 1991 ( WIA 1991). In particular circumstances, the Environment Agency (or Natural Resources Wales in Wales) may impose additional conditions on a consent, due to the substances present in the discharge or the processes that give rise to it....

Applications for consent Application process Owners or occupiers of trade premises intending to release trade effluent to a sewerage undertaker’s public sewer must apply by serving a trade effluent notice on that undertaker, in line with section 119 of the Water Industry Act 1991 ( WIA 1991). Water and sewerage undertakers supply application forms, with many offering online submission and guidance to steer applicants through the steps. Note that this differs from the environmental permit required by regulators for discharges to watercourses. See Practice Note: Trade effluent consents and agreements—when are they required? for further information on when to seek a trade effluent consent. With some undertakers (for example, Thames Water), the process typically begins with initial enquiries by the applicant, after which the undertaker seeks additional information and supporting documents. Once received, the undertaker will assess the material provided and will either refuse consent or grant it,...

Compliance, enforcement and offences Owner or occupier of trade premises It is an offence, carrying on summary conviction a fine not exceeding the statutory maximum, and on conviction on indictment an unlimited fine, to: discharge trade effluent from trade premises without a consent or agreement issued under the Water Industry Act 1991 ( WIA 1991) breach any conditions attached to such a consent or agreement See Practice Notes: Trade effluent consents and agreements—when are they required? and Trade effluent consents and agreements—applications for further details on when and how to apply for a trade effluent consent or agreement. Agreements are enforceable between the contracting parties—namely the owner occupier of the relevant trade premises and the sewerage undertaker—insofar as they concern private contractual obligations, eg adopting a pipeline. However, to discharge trade effluent in breach of the terms of the agreement is an offence...

This Practice Note offers practical guidance on the dispute resolution framework available to the UK and the EU under the UK– EU TCA, with an emphasis on trade. It outlines the breadth of the trade dispute regime, the obligatory consultation phase and any subsequent arbitration, and the measures to secure compliance with an arbitral award. Introduction Following the UK’s decision ( Brexit) to depart the EU, the Parties concluded the Trade and Cooperation Agreement in December 2020, which took effect on 1 January 2021. For practical guidance on trade in goods, services and rules of origin under the UK- EC TCA, please see: Practice Note Trade in goods under the UK- EU Trade and Cooperation Agreement on goods Practice Note Trade in services under the UK- EU TCA—an overview on services Practice Note Rules of Origin of the UK- EU Trade and...

This Practice Note sets out the avenues open to a business seeking to recoup an unpaid trade debt. The available routes include writing-off the balance, brokering a settlement, invoking retention of title or set-off rights, commencing insolvency processes (for example, a statutory demand or a winding-up petition) and issuing court proceedings. It serves as an introduction to these options for commercial practitioners. Before selecting a recovery route, a creditor should reflect on several preliminary matters, including: whether the sum has fallen due and is payable (including whether any contractual preconditions to payment have been met) whether the debt is uncontested or subject to a genuine dispute or counterclaim whether any limitation period is nearing expiry or has already expired the debtor company’s financial condition and capacity to pay whether the creditor benefits from any security, guarantees or...

Trade credit insurance generally protects a policyholder against unpaid receivables arising from protracted default (i.e. when an invoice is not settled after its due date), buyer insolvency, or political risk. By shifting credit exposure off the policyholder’s balance sheet, it can strengthen profit and loss accounts, and may lead to lower bad debt provisions. Types of risk insured Trade credit insurance risks are commonly divided into commercial and political risks: Commercial risk: usually the buyer’s insolvency resulting in a payment default, or the buyer’s failure to pay for the goods on the due date Political risk: the possibility that a government buyer or a country blocks completion of a transaction or does not meet its payment obligations. Examples include: regulatory or legislative freezes on payments ...

ARCHIVED: This Practice Note has been archived and is no longer maintained. It records certain significant hearing dates either scheduled or appearing in the High Court, Insolvency and Companies Court ( Chancery Division) daily cause list from 1 January 2025 onwards (with the latest first) for: Part VII transfer schemes: transfers pursuant to Part VII of the Financial Services and Markets Act 2000 (see Practice Notes: Part VII Transfer of Banking Business and Insurance business transfer schemes) For hearing dates in 2026, please consult the Practice Note: Tracker of Part VII transfer schemes hearing dates 2026, and for 2024 hearings, please see Practice Note: Tracker of Part 26 scheme/ Part 26A......

ARCHIVED: NOTE: SAVE FOR WHERE A DEFENCE HAS BEEN RECEIVED BEFORE 1 APRIL 2013, THIS PRACTICE NOTE IS FOR HISTORICAL PURPOSES ONLY. For details on the position after 1 April 2013, see Practice Note: Case management—allocation—the different case management tracks. Changes since 1 April 2013 From 1 April 2013, allocation questionnaires were replaced by directions questionnaires where ‘a defence is received’ on or after that date. What remains uncertain is: whether ‘received’ means received by the court rather than by the other parties; and/or whether ‘a defence’ in multi-defendant cases brings the new rules into play if any defendant files on or after 1 April 2013, even where other defendants filed before then If you are now dealing with directions questionnaires instead of allocation questionnaires, see Practice Notes: Directions questionnaires and Case...

The Pensions Regulator’s scheme management enforcement strategy explains its approach to compliance and enforcement across defined benefits funding, defined contribution and public service pension schemes, while also describing the outcomes TPR may pursue and the means by which it could achieve them, all to strengthen safety and security for pension savers. Its prosecution policy and broader enforcement strategy set out the principal aims of its enforcement activity and give insight into the framework TPR applies when deciding which cases to take forward for enforcement action. Initial considerations in TPR investigations In its capacity as the UK regulator for work-based pension schemes, TPR has a suite of information-gathering powers to identify and track risks and to obtain evidence to support criminal prosecutions. These include: requiring reports of breaches of the law and notifiable events requiring reports prepared by skilled persons on specified issues ...

What are the moral hazard powers? In essence, the Pensions Regulator’s ( TPR) moral hazard powers under the Pensions Act 2004 ( Pe A 2004) and related regulations permit it to look through corporate structures and assign liabilities to third parties that are connected and associated with the employer of a defined benefit pension scheme, where specified statutory criteria are fulfilled as set out in applicable legislation......

Registration of land as a town or village green ( TVG) Registering land as a town or village green ( TVG) can block development and severely limit its use. Even where applications to register a TVG fail, they can create delay and uncertainty for delivery. Aware of these effects, the government has introduced limits on TVG applications where planning permission is sought for development, or where the land is allocated in development plans. While these measures support developers, landowners and promoters must still treat the risk of TVG registration with care. Objectors also frequently deploy other or alternative tactics to hinder schemes. This Practice Note offers guidance to property buyers and developers on TVGs. It covers: the criteria for registering land as a TVG the consequences of TVG registration how objectors use applications to block, discourage or delay schemes the...