Legal Practice Notes

In Scottish conveyancing, suspensive conditions within missives are indispensable, allowing parties to conclude a binding contract while postponing particular obligations until specified requirements are fulfilled. When precisely drafted, they offer certainty, curb risk, and protect both purchasers and sellers by ensuring crucial matters—such as planning permissions, finance, or due diligence—are resolved before completion. This Practice Note summarises the legal framework, practical considerations, and proven techniques for drafting and negotiating suspensive conditions in missives. Transactional context Historically, Scottish property lawyers prided themselves on the rapid conclusion of missives for the sale and purchase of heritable property. Owing to the increased length and detailed terms in offers for both domestic and commercial assets, the time needed to reach conclusion has grown in step. Additional time required to secure loan offers from lenders has also affected the residential market and significantly slowed the conclusion of missives. Missives for buying and...

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL PENSION SCHEMES This Practice Note considers pension entitlements within occupational pension schemes for opposite-sex and same-sex spouses and civil partners, assessing the effect of Walker v Innospec and Goodwin v Secretary of State for Education on a member’s death benefits, alongside the extension of civil partnership law to opposite-sex couples. For analysis of the position of partners who are neither married nor in a civil partnership (i.e. cohabitants), see Practice Note: Pension rights of unmarried cohabitants on members’ death. The Note also cites case law from the Court of Justice of the European Union ( CJEU). For guidance on whether EU judgments are binding on UK courts, see Practice Note: Assimilated law — Assimilated case law. In October 2020, the Pensions Minister confirmed expressly that the Supreme Court decision in Walker v...

A surrogacy arrangement describes a situation in which a woman carries a baby for another person, with the expectation that, at birth, the child will be passed to the commissioning couple or party and then brought up as their own. The principal provisions governing these arrangements are set out in the: Surrogacy Arrangements Act 1985 ( SAA 1985) Human Fertilisation and Embryology Act 2008 ( HFEA 2008) Human Fertilisation and Embryology ( Parental Orders) Regulations 2010, SI 2010/985 ( SI 2010/985), revoked by the Human Fertilisation and Embryology ( Parental Orders) Regulations 2018, SI 2018/1412 ( SI 2018/1412) Human Fertilisation and Embryology Act 2008 ( Remedial) Order 2018, SI 2018/1413 ( SI 2018/1413) It is an offence to carry out commercial surrogacy arrangements in the UK, see: The meaning of a surrogacy...

Across the range of clinical negligence matters spanning ‘pure diagnosis’ to ‘pure treatment’, allegations arising from careless surgical performance almost invariably fall at the treatment end. That remains the position even when an operation is chiefly undertaken for diagnostic, rather than therapeutic, purposes. As a result, any impugned acts or omissions will be assessed by reference to the standard Bolam approach, tempered by Bolitho considerations. See Practice Note: Duty of care and breach in clinical negligence claims. Professional guidelines Clinical guidance issued by the National Institute for Health and Care Excellence ( NICE) provides helpful evidence of the standards expected in surgery; this is explored further in the Practice Note: NICE Guidance. The Royal College of Surgeons likewise produces extensive materials on recognised surgical techniques and patient management, for example the Good Surgical Practice document. Alongside national guidance, NHS Trusts frequently issue local...

When sentencing an offender for most offences, the court is required to order payment of a surcharge under section 42 of the Sentencing Act 2020 ( SA 2020), also called the Sentencing Code. It is often described as a ‘victim surcharge’, but that label is misleading because no individual victim receives the money directly. Accordingly, ‘surcharge’ is the preferred term. The payable amounts are set out in the Criminal Justice Act 2003 ( Surcharge) Order 2012, SI 2012/1696, arts 3–6. What is a surcharge in criminal proceedings? A surcharge is a financial order imposed on an offender by the court, typically following conviction for most categories of offences in England and Wales. Its purpose is to make offenders contribute towards the overall cost of supporting victims of crime. The funds do not go straight to victims. Instead, they are paid into a central...

Introduction The Supreme Court Rules 2024 ( SCR) came into force via the Supreme Court Rules 2024, SI 2024/949. They annul and supersede the Supreme Court Rules 2009 ( SCR 2009), with transitional arrangements. This Practice Note summarises the principal changes introduced by the SCR. For comprehensive guidance on applying the SCR, see the following Practice Notes: Supreme Court—role, structure and powers—on or after 2 December 2024 Supreme Court—the portal, filing and service—on or after 2 December 2024 Supreme Court—how to apply for permission and how to respond—on or after 2 December 2024 Supreme Court—permission to appeal—on or after 2 December 2024 Supreme Court—starting and preparation for the appeal—on or after 2 December 2024 Supreme Court—documents for appeal hearing—on or after 2 December 2024 Supreme Court—the appeal hearing and decision—on or after 2 December 2024 Supreme Court—costs, fees and funding—on or after 2 December...

Background to this Practice Note In this Practice Note, the term ‘cryptoasset’ describes a digital form of value or rights that can be transferred and stored electronically using distributed ledger technology or similar technology. It may cover: payment tokens (a means of exchange or payment) investment tokens (with attached profit rights) utility tokens (providing access to a particular product or service) A ‘stablecoin’ is a kind of cryptoasset whose value is linked to an external asset, such as fiat currency or gold, to steady the price, or one whose value is set by an algorithm. Supranational stablecoin initiatives IOSCO report on stablecoins On 24 March 2020, the International Organisation of Securities Commissions ( IOSCO) published a report on global stablecoin initiatives, identifying their potential implications for securities markets regulators. The report reviewed the regulatory issues arising from the use of stablecoins and...

Introduction This Practice Note offers high-level guidance on trading with a company in liquidation or administration, being insolvency procedures where control of the company passes to an insolvency practitioner. The note is likewise pertinent to administrative receivership, although that route is now available only in very narrow circumstances. It also addresses procedures where directors retain control, eg company voluntary arrangements and moratoria under Part A1 of the Insolvency Act 1986 ( IA 1986). It summarises key considerations when engaging with such entities during insolvency-related trading at a high level. For fuller discussion and practical guidance on this topic, you may wish to consult the following Practice Notes: A creditor’s guide to dealing with a company in financial difficulty Dealing with suppliers, customers and ROT claims Factors the court will take into account when deciding whether to lift or impose a liquidation stay The moratorium in...

ARCHIVED: This Practice Note is archived and no longer maintained. How does Brexit impact supply of goods? Brexit influences the supply of goods wherever movements cross between the UK and the EU, as fresh trading frameworks between the UK and EU have applied since 1 January 2021. Parties should review goods supply contracts, in particular where they touch on intellectual property, data protection and competition law issues. Sector-specific factors and chosen routes to market will also require attention. For manufacturers, updates to product safety and conformity arrangements will be critical. A gradual divergence in product liability is likewise expected over time. Contracts for the supply of goods The rules governing business-to-business supply contracts stem from UK law; therefore, agreements for purely domestic supplies (that is, goods traded between two UK-based entities) are, in the main, unaffected by Brexit. From IP completion day, the UK is treated as a third...

This guide to supply chain risk management sets out five core priorities for in-house counsel and compliance teams when confronting supply chain threats. It outlines why close oversight of these points helps keep business operations running smoothly across the organisation and its functions effectively. See also Practice Note: Supply chain fundamentals. Why you need to manage this risk The 2020 COVID-19 pandemic was arguably the most consequential shock to the global economy in many generations experienced worldwide. It offered risk professionals a stark demonstration of widespread vulnerabilities within supply networks, and underscored the imperative to proactively identify, measure and control such exposures through deliberate, ongoing management rather than passive oversight at every stage. A supply chain map begins with sourcing raw materials and extends through to finished goods production, capturing all intervening activities and flows. According to your...

There are numerous forms in which modern slavery and human trafficking risks can appear within supply chains. The Home Office’s statutory guidance on transparency in supply chains ( TISC), published under section 54 of the Modern Slavery Act 2015 ( MSA 2015), recognises that modern slavery and human trafficking occur across almost every sector. Many companies, and the chains that support them, will be widely exposed. Put bluntly, the message from the Home Office guidance is that if you are not identifying any risks, you are probably not scrutinising closely enough. To evaluate the likelihood of slavery within your supply chains, begin by mapping the aspects of your business that are especially vulnerable to slavery and human trafficking. These commonly involve reliance on third-party suppliers and recruitment practices, though other elements may arise depending on your operations. The primary focus should be the risk faced by...

We have assembled a suite that serves as a thorough, interactive tool to assist solicitors who are contributing to the creation of robust supply chains within an organisation. The suite contains guidance concerning key supply chain risk management considerations,......

STOP PRESS As at 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Competitions launched on or after that date must proceed under PA 2023, while procedures started under the earlier instruments—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016 and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered under those rules. See Practice Note: Introduction to public contracts procurement. This guidance sits within the PA 2023 regime. It offers practical direction on public procurement under PA 2023; for materials on the former framework, see Practice Notes: Eligibility and selection in public procurement—exclusion criteria and Eligibility and selection in public procurement—selection criteria. This Practice Note addresses the PA 2023 selection and exclusion regime, in...

This Practice Note outlines the features of superyacht sale and purchase that diverge from transactions involving commercial ships. For broader guidance on commercial vessels, see Practice Note: Sale and purchase of second-hand vessels. Yacht builders typically table their own standard construction agreement, or the parties may settle a bespoke build contract. For shipbuilding of other vessel types, see Practice Note: Shipbuilding contracts. The focus here is the sale of a completed or second-hand superyacht, very often arranged through a yacht broker. Across Europe, the predominant contract for second-hand superyachts is the standard sale form (see The MYBA form below). That template adopts a caveat emptor approach, placing the burden on the buyer to undertake due diligence. Following completion, the buyer’s selection of flag for registration and the ownership vehicle should reflect the owner’s convenience, intended use of the yacht and exposure to...

Introduction This Practice Note summarises key aspects of English insurance law, how they relate specifically to yachts, and the developments introduced on commencement of the Insurance Act 2015 ( IA 2015). For fuller guidance on the fundamental rules that underpin any insurance contract, see Practice Note: General principles of insurance contract law. For an outline of marine insurance across all categories of vessel, see Practice Note: Marine insurance—general principles. The relevant legislation The Marine Insurance Act 1906 ( MIA 1906) continues to govern questions of yachting insurance, but its provisions have been revised and built upon by the Consumer Insurance ( Disclosure and Representations) Act 2012 ( CI( DR) A 2012) and the IA 2015. Smaller yachts and pleasure craft, usually owned by individuals, will typically come within CI( DR) A 2012, which safeguards consumer insureds by substituting the duty of utmost good faith with an...

This Practice Note sets out an overview of the principal issues that should be taken into account in respect of superyacht finance. Whilst, in principle, the legal framework supporting yacht finance mirrors that for any other ship, practical approaches differ considerably when set against mainstream ship finance. A widely accepted description of a ‘superyacht’ is a luxury vessel (motor or sail) exceeding 24 metres (79 feet) in length. Lenders will finance acquisitions of pre-owned yachts, construction projects (both pre- and/or post-delivery stages), and refit works. Facilities may therefore support second-hand purchases, new-builds at various stages, and comprehensive yacht refits. The borrower is very often an offshore, single-purpose vehicle ( SPV). Dedicated yacht financiers are typically private banks or the private wealth arms of large international banks, which commonly seek a personal guarantee from the high net worth client who is the ultimate...

CASE HUB ARCHIVED— This archived case hub sets out the position as at the judgment of 29 June 2023; it is no longer maintained. See further, the timeline. Case facts Outline A national reference from Spain, a national reference from Spain, seeks guidance on how decisions of competition authorities, deeming some of the applicant’s supply agreements unlawful, are binding on national judges......

This Practice Note sets out the main considerations relating to summary assessment. It is intended as an initial guide and should be read alongside the following Practice Notes, which offer fuller, in‑depth coverage: Summary assessment—principles Summary assessment—the process Summary assessment—statement of costs What is summary assessment? Under CPR 44.1, summary assessment is the process by which the judge who determined the case or application assesses the costs. It may alternatively be carried out later by another judge, provided they could have determined the claim or application that led to the costs order and there is a proper reason for doing so ( CPR 44.6(2)). It is generally treated as a broad‑brush evaluation of a party’s costs, in contrast with the more granular approach taken on a detailed assessment. For a high‑level guide to the considerations on detailed assessment, see Practice Note: Detailed...

This Practice Note sets out guidance on summary assessment for matters in the Commercial Court, King’s Bench Division ( KBD), Senior Court Costs Office and the Technology and Construction Court ( TCC). The material in the court guides is supplementary to the CPR and its practice directions. Note: the Chancery Guide 2022 contains no dedicated guidance on summary assessment... Commercial Court Guide F13.1– F13.3 of the Commercial Court Guide deal with costs. A short overview of key points from those paragraphs is outlined below... Circumstances in which the court may summarily assess costs—applications Paragraph F13.1 confirms that the rules governing the award and assessment of costs are set out in CPR 44, 45, 46, 47 and 48. The court will adopt summary assessment in the following situations: Ordinary applications, ie those lasting less than half a day All cases where the successful party’s schedule of costs does not...

Archived: This Practice Note reflects provisions repealed on 1 April 2013 and is provided solely for historical reference. What is summary assessment? Summary assessment is the process by which the costs of an application are determined at the hearing of that very application (old rule 43.3). Typically, any such costs must be paid within 14 days, though the court may alter the timescale. For more detail, consult the Guide to the Summary Assessment of Costs issued by the Senior Courts Costs Office. Under old practice direction 44, para 13.2, the general position is that the court should direct summary assessment of costs: at the conclusion of a fast track trial at the end of a hearing lasting no longer than one day; if that hearing disposes of the whole action, the order on costs may encompass the entire claim in certain hearings before the Court of...