Legal Practice Notes

This Practice Note This note sets out the obligations contained in the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. It also aligns with guidance issued by the Joint Money Laundering Steering Group ( JMLSG) and the Legal Sector Affinity Group ( LSAG) AML guidance for the Legal Sector. Frequently, a customer may engage other advisers or be in professional contact with relevant persons on the same matter. For instance, in a major transaction the customer might also instruct accountants or tax professionals. Likewise, the customer may already be working with a different part of your business group. Repeated requests for identical information from multiple advisers and business partners can be needlessly duplicative and frustrating for the customer. To address this, the MLR 2017 permit reliance on others to perform customer due...

Introduction When moving petroleum via pipeline, owners generally have two pathways: construct and hold title to a standalone line from the relevant field to the agreed delivery point; or tie-in a dedicated line from the field to adjacent third party pipeline(s). Where the first route is chosen, the field owners commonly enter a Pipeline Operating Agreement ( POA) to regulate construction and operations between themselves, with provisions akin to a Joint Operating Agreement ( JOA) (see Practice Notes: The purpose and the principles of the joint operating agreement and Joint operating agreement—key clauses for more information on JOAs). Typically, a POA addresses ownership shares, creation of an operating committee and voting rules, capacity entitlements (usually aligned with ownership proportions), allocation of pipeline costs and liabilities, and the appointment of an operator. A POA affords each owner its own capacity to move petroleum through the line without paying a third...

This Practice Note outlines a standard method commonly adopted by funders when evaluating a matter and determining whether to back it. It also sets out the considerations that may need to be addressed when assessing the availability of finance. It is intended to guide both claimants and their advisers through key early steps in the process. Initial enquiry and NDA An initial, succinct scoping call with a funder, without revealing any confidential material, is useful to confirm that, at least in principle, nothing would stop that funder from properly reviewing the claim for support (eg any conflict of interest or other connection with parties to the prospective claim). Investment mandates differ from one funder to another and may, for example, vary in relation to: the minimum and maximum sums a funder can commit; the minimum ratio between the funder’s outlay and the...

This Practice Note outlines the situations in which a third party may have an interest in financial remedy proceedings. It also covers how to join a third party, key case law, and practical considerations. Third-party interests may affect the parties’ finances in many ways. The level of third-party involvement differs by case, but potential interests should be identified early to avoid a consent or final order that later cannot be implemented. See also Practice Note: Joinder of third parties in financial proceedings for further practical guidance on joinder and procedure. Potential third-party interests Property subject to a mortgage Pension assets Business or trust interests Issues of insolvency Debts to litigation funding providers Co-ownership of property with third parties......

Potential for liability of insurance representatives to third parties This Practice Note considers when insurance representatives may face liability to third parties, where a claimant alleges a failure to arrange cover, or to obtain sufficient limits or the correct class of insurance for a tortfeasor. Ordinarily, a person or entity harmed by another’s negligence sues the wrongdoer for damages, most often in negligence, though sometimes on a contractual basis. Subjects addressed include: situations in which a representative may owe duties to a third party common defences available to a representative facing a third-party claim matters concerning policy limits A third party is a person or entity with whom the representative has no direct contract to place insurance. This does not include someone to whom the representative seeks to sell insurance for an insurer. Some jurisdictions have direct action statutes enabling a claimant to proceed...

Fundraising Raising funds can be viewed as a discipline, a body of specialist know‑how, and a profession in its own right. Many charities maintain in‑house fundraising teams and also bring in external advisers—‘professional fundraisers’—to generate income for them. Charities may likewise enter arrangements with ‘commercial participators’: typically businesses that promise a financial benefit to the charity while selling their own goods or services, incorporating the charitable element into their promotion. The Charities Act 1992 ( CA 1992), as amended by the Charities Act 2006 ( CA 2006) and supporting regulations, sets out detailed duties for professional fundraisers and commercial participators, alongside specific constraints on their agreements with charities, designed to protect the charity rather than the other party. For completeness, CA 2006 has for most purposes been replaced by the consolidating Charities Act 2011 ( CA 2011), as amended by the Charities (...

This Practice sets out practical illustrations of how the Contracts ( Rights of Third Parties) Act 1999 ( C( RTP) A 1999) operates, addressing group liability and the defences to third party claims under C( RTP) A 1999. For wider guidance on the general operation of the Act, see Practice Note: Third party rights—the Contracts ( Rights of Third Parties) Act 1999. Rights and liabilities arising in contracts involving group structures For advice on construing contracts to assess whether benefits have been conferred on a third party for the purposes of C( RTP) A 1999, s 1(1)(b), see Practice Note: Third party rights—the Contracts ( Rights of Third Parties) Act 1999. A typical group supply arrangement might be structured as follows. Parent Supplier ( PS) agrees with Parent Customer ( PC) that: PS will provide raw materials to PC PS will also provide raw...

Practice Note This Practice Note explains the criteria and process for enforcing an order made in family proceedings by means of a third party debt order. They were introduced by the Family Procedure Rules 2010, replacing garnishee orders. It outlines which debts are enforceable, how to apply for and serve an interim third party debt order, and the limitations associated with a final third party debt order. Hardship payments orders and the potential cost implications are also covered. A third party debt order enables a creditor to recover a debt from money owed to the debtor by a third party within the jurisdiction. Commonly, this involves funds held in the debtor’s name at a bank or building society, or sums due to a self‑employed debtor arising from their trade. Whether to grant a third party debt order is a matter for the court’s...

This Practice Note aims to help identify opportunities to use a Third Party Debt Order ( TPDO) to enforce a money judgment. For procedural guidance and answers to common queries, see the following Practice Notes: How to apply for a third party debt order ( TPDO) Third party debt orders—flowchart Third party debt orders—frequently asked questions Is a TPDO worth the effort? Once a money judgment has been obtained, if it is not paid the creditor can take enforcement steps. The choice of enforcement method rests entirely with the creditor (see CPR 70.2(2)). TPDOs are the least commonly used route. This is probably because the creditor must present the court with evidence of their knowledge or belief that a third party is indebted to the debtor ( CPR PD 72, para 1.2(7)), which can be difficult. Ministry of Justice...

What is the background to third party access to private electricity networks? Over time, successive UK measures and, before the UK’s withdrawal from the EU (see: Brexit: Energy—overview), European legislation have driven the unbundling of electricity retail from the ownership and operation of monopoly networks. Users connected to networks exempt from these duties did not share meaningfully in the uplift in retail competition. So‑called ‘private wires’ sit within many types of estate—from industrial parks and hospitals to university campuses and airports—and also arise in certain new‑build energy or multi‑utility services company arrangements and models. In Citiworks AG v Sächsisches Staatsministerium für Wirtschaft und Arbeit als Landesregulierungsbehörde, the Court of Justice of the European Union (formerly the European Court of Justice) voiced concerns about the impact of such exemptions on the integration of European energy markets and decided that customers must be able to access...

This Practice Note reviews the principal features of the 2010 Act, which superseded the Third Parties ( Rights Against Insurers) Act 1930 (the 1930 Act) with effect from 1 August 2016. The framework can assist where the insured is insolvent, as it permits a third party that has suffered loss to pursue a direct claim against the other party’s insurer in defined situations (the claimant is the third party because they are not a party to the insurance contract). This offers a marked advantage to the third party, who may recover 100% of their claim from the insurer’s substantial funds, rather than proving in the insured’s insolvency as an unsecured creditor and receiving only a fraction. In short, the law enables the intended beneficiaries of an insurance policy to access the cover. It extends to all categories of liability insurance (for a...

Purpose of the TP( RAI) A 2010 The Third Parties ( Rights Against Insurers) Act 2010 ( TP( RAI) A 2010) revoked and superseded the Third Parties ( Rights Against Insurers) Act 1930 ( TP( RAI) A 1930). The aim of the 1930 Act was to make sure that, where an insured person had incurred an insured liability to a third party and later became insolvent, the insurance proceeds were paid to that third party rather than forming part of the insolvent estate to be divided amongst all creditors of the insured. In much the same vein as the earlier regime, TP( RAI) A 2010 assigns to the third party certain of the insolvent insured’s rights under the policy and permits the third party to issue proceedings straight against the insurer. The principal development under TP( RAI) A 2010 is that a third party may now sue the...

This Practice Note offers practical guidance on how trade and competition policy intersect within the World Trade Organization ( WTO), and sets out the current state of any work carried out at the WTO concerning that interface between trade and competition policy. Introduction A long-standing understanding exists that trade and competition policy are intimately linked and closely related in practice. Indeed, when the General Agreement on Tariffs and Trade 1947 ( GATT 1947) was being drafted, the then Member States intended that competition policy rules should sit alongside, and operate in parallel with, the existing rules so as to effectively govern trade in goods. Regrettably, the then Member States failed to agree on the formation of the International......

This Practice Note outlines the remit of the Pensions Regulator ( TPR). For details on TPR’s role specifically regarding public sector pension schemes, see the Practice Note in respect of public sector schemes. Background to the role TPR, an executive non-departmental public body of the Department for Work and Pensions, is the UK regulator for work-based pension schemes. The office was established on 6 April 2005 by the Pensions Act 2004 ( Pe A 2004), s 1, replacing the Occupational Pensions Regulatory Authority ( OPRA), the former pensions regulator. TPR’s remit and powers are, however, considerably wider than those of its predecessor. Under Pe A 2004, s 5(3), a ‘work-based pension scheme’ means: an occupational pension scheme a personal pension scheme where there are ‘direct payment arrangements’ for one or more members of the scheme who are employees, or a...

STOP PRESS : In March 2025, the government signalled plans to fold the Payment Systems Regulator and most of its functions into the Financial Conduct Authority. The change aims to simplify the regulatory landscape, cut duplication, and free businesses to focus on innovation and service delivery. While the implementation date is not yet known, HM Treasury indicated in a letter that it intends to legislate at the earliest opportunity. In the meantime, the PSR and FCA plan to work closely together. In September 2025, HM Treasury issued a consultation on the consolidation. It proposes transferring the PSR’s responsibilities—including fostering competition and innovation in payment systems and advancing the interests of consumers and businesses—into the FCA’s framework under the Financial Services and Markets Act 2000 ( FSMA 2000), or into a new part of FSMA 2000 where needed. The government intends to retain the current...

What is Euratom? The Euratom Treaty, concluded in 1957 by six founding members— Belgium, France, Germany, Italy, Luxembourg and the Netherlands—created the Euratom Community. Since that date, every country acceding to what is now the European Union has automatically joined Euratom, whether or not it possesses nuclear facilities on its territory. Its primary purpose is to support the establishment and advancement of Europe’s nuclear industry and to protect the security of supply of ores, source materials and special fissile materials within the Community. What are the Euratom Treaty’s key provisions? To realise this overarching aim, the Treaty imposes obligations on the Community in relation to: promoting research and spreading technical information creating and applying uniform safety standards to safeguard the health of workers and the general public facilitating investment and ensuring the basic installations required for the development of nuclear energy in the...

The 'three-year rule' and why it applies Through the Enterprise Act 2002 ( En A 2002), a new section 283A was added to the Insolvency Act 1986 ( IA 1986). In effect, it affords the trustee in bankruptcy (trustee) a three-year window to take appropriate action to realise or protect the bankrupt’s interest in the bankrupt’s home (as defined, see below). If no such steps are taken within that period, the interest drops out of the bankruptcy estate and automatically re-vests in the bankrupt. This measure, widely referred to as the 'three-year rule', applies to anyone adjudged bankrupt after 29 December 1986 (the commencement date of IA 1986) on a petition issued on or after that date (see Pannell v Official Receiver), while transitional arrangements operate for any bankruptcy begun before 1 April 2004. The intent behind the three-year rule was to remove the undue delay...

The right to roam over open land shares traits with the ability to move from A to B that defines a public highway, yet it exists solely by statute. It is chiefly contained in the Countryside and Rights of Way Act 2000 ( CRWA 2000). Unlike highway rights, roaming requires no fixed origin or destination in either use or definition. CRWA 2000 was brought in to clarify and broaden the public’s right to walk across open countryside. The legislation’s assorted regulations and restrictions make plain that walking is allowed, while walkers must respect the rights of other countryside users. CRWA 2000 was brought in to clarify and broaden the public’s right to walk across open countryside. The legislation’s assorted regulations and restrictions make plain that walking is allowed, while walkers must respect the rights of other countryside...

The 6 C’s of legal operations (legal ops) This Practice Note distils the key points from ‘ The 6 C’s of legal operations (legal ops)’ video series featuring Stephanie Harmon, Head of Legal Operations Consulting at Norton Rose Fulbright, and published by Crafty Counsel. The six C’s of legal ops are: Cost effectiveness Consolidation Consistency Change management Collaboration Challenge Cost effectiveness Video To view the video, go to: Crafty Counsel video: Cost effectiveness for in-house legal. Key takeaways In-house lawyers are central to ensuring their function is cost-effective. By knowing their cost drivers and clearly evidencing the value they create, they can shift from being viewed as a cost centre to being acknowledged as a strategic enabler. Cost-effectiveness means saving or generating significant sums relative to the outlay; in legal operations this translates to delivering value while optimising resources....

This Practice Note explores the key idea of the seat of an arbitration, with a particular focus on the law of England and Wales and Northern Ireland ( England and English are used here as shorthand). See also Practice Note: Choosing the seat of arbitration. The importance of the arbitral seat The seat of arbitration is the juridical, or legal, place of the arbitration (often termed the locus arbitri). The law of that seat (the lex arbitri) governs many elements of the procedure and the award, and is inextricably linked to the courts’ curial or supervisory jurisdiction to support and enforce the arbitration ( Enka v Chubb). It indicates the connection between the arbitration and a system of law ( Process & Industrial Developments v Nigeria). In international arbitration, selecting the seat is one of the most significant choices because it shapes—and often...