Legal Practice Notes

This Practice Note sets out how to initiate arbitration under the 2021 International Chamber of Commerce ( ICC) Rules of Arbitration ( ICC Rules). The ICC Rules govern any ICC arbitrations begun on or after 1 January 2021, unless the parties expressly agree that an earlier version will apply. For an overview of the 2021 ICC Rules, see Practice Note: ICC (2021)—introduction to the ICC and arbitration under the ICC Rules. For guidance on the 2017 and 2012 ICC Rules, see: ICC arbitration—overview. Prior to commencing an arbitration pursuant to the ICC Rules When a dispute arises, it is crucial for parties and their advisers to check the dispute resolution clause in the relevant contract. If it provides for arbitration under the ICC Rules, at the outset the parties should consider, among other points: any limitation period (whether contractual or statutory) by which the...

Practice Note This Practice Note sets out how to start proceedings for an order of divorce, dissolution, judicial separation or separation on or after 6 April 2022, following the commencement of the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020). It also outlines how to begin proceedings on paper and by electronic means using the His Majesty’s Courts and Tribunals Service ( HMCTS) online system, whether making a joint or sole application. It identifies the parties, considers jurisdiction, specifies which documents should accompany the application, and explains what to do if the marriage certificate is not available. It does not address applications for nullity. DDSA 2020 came into force on 6 April 2022. Proceedings issued by the court on or after that date are governed by the provisions of DDSA 2020 and the procedural changes under the amended Family Procedure Rules 2010 ( FPR 2010), SI...

This Practice Note sets out guidance on initiating arbitration under the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). As noted in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally govern HKIAC arbitrations begun on or after 1 November 2018, unless the parties agree otherwise; for proceedings started before 1 November 2018, the 2013 HKIAC Rules will usually apply, save where the parties have agreed differently. For an introduction to HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution. How to commence an HKIAC arbitration The process for launching an arbitration under the 2018 HKIAC Rules broadly mirrors that of other institutional rule sets. A party wishing to commence an arbitration (ie the claimant(s)) under the 2018 HKIAC Rules must...

Under the Abu Dhabi Commercial Conciliation & Arbitration Centre ( ADCCAC) 2013 Procedural Regulations of Arbitration (the 2013 Regulations), proceedings start when the claimant files a Request for Arbitration (the Request). This practice note relies on the 'official' English text of the 2013 Regulations. Differences exist between the Arabic and English versions in how compulsory or permissive terms are rendered. The authentic text is Arabic and, if any argument arises about the 2013 Regulations, the Arabic version will take precedence. Accordingly, where the texts diverge, Arabic governs. Request for Arbitration An arbitration governed by the 2013 Regulations begins once the claimant formally submits a Request to the Centre—see: Arbitrating under the ADCCAC Regulations 2013— Roles and definitions. The claimant must provide the Centre with enough copies of the Request for each party to the arbitration (art 5.1). At this stage, all...

Starter tenancies A starter tenancy is a form of assured shorthold tenancy issued by a registered provider of social housing ( RP), akin to a local authority introductory tenancy (see: Tenancies that are not secure — Introductory tenancies). These arrangements were brought in to allow swift action to safeguard communities from anti-social behaviour and to align with the government’s Respect Standard for Housing Management. Once an RP decides to run a starter tenancy scheme, every new tenant, or those within a designated area, will be granted a starter tenancy. From 1 December 2022, tenancies and licences of dwellings in Wales are regulated by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) (subject to certain exceptions). New assured shorthold tenancies can no longer be created, and existing assured shortholds automatically convert to occupation contracts. The terms of both existing and new...

ARCHIVED: This Practice Note is archived, not maintained, and provided for background reference only. Starter homes policy 2014 starter homes consultation In December 2014, the government set out plans for a new Starter Homes initiative, starting a consultation on planning changes to back the delivery of 100,000 additional low-cost homes for young first-time buyers. It observed that rising house prices left ‘too many hard-working people in their twenties and thirties’ unable to get onto the property ladder, and proposed to: introduce a national Starter Homes exception sites policy so homes could be built on underused or unviable brownfield land, not presently allocated for housing, on both public and private sites secure, via planning obligations or conditions, that newly built Starter Homes were only available to purchase or occupy by young first-time buyers and sold at least 20% below open market value remove duties on...

What is the standstill period? When a contracting authority reaches its decision on awarding a public contract subject to the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, it must observe a standstill period. This mandatory window prevents the authority from entering into the contract with the winning bidder until the standstill has expired. It gives unsuccessful tenderers the chance to: request further information from the contracting authority; and assess whether their rights were prejudiced during the procurement If so, they may seek to have the award decision set aside. This remedy can sit alongside, or be pursued instead of, a claim for damages. In certain cases, other remedies may apply, including a declaration of ineffectiveness (where the contract has already been concluded, and only on limited grounds). See Practice Notes: Public procurement remedies and Damages as a remedy in public...

ARCHIVED: This Practice Note is archived and is not maintained How does Brexit impact standard terms and conditions? Brexit’s key effects on standard terms and conditions arise from practical adjustments to be addressed when drafting and assessing the suitability of standard form terms for the purchase and supply of goods and/or services, covering both business to business and business-to-consumer contracts. Review of suitability Standard form terms and conditions should be checked to ensure they remain appropriate for use after IP completion day, both for the commercial arrangements they govern and the contract wording itself. Consider whether any standard terms and conditions require amendment or tailoring. This may include clauses on territorial scope, pricing, tax, intellectual property, data protection, applicable law, jurisdiction and dispute resolution. See Practice Notes: Brexit—contract risk management [ Archived] Brexit—drafting commercial clauses [ Archived] ...

Standard Profil Automotive GMBH sought a Part 26 scheme of arrangement ( Scheme), with the convening hearing taking place in July 2025 and the sanction hearing in September 2025. Key details are outlined below (capitalised terms not defined herein have the meanings given in the convening and sanction judgments). Name of company Standard Profil Automotive GMBH (the Company) Industry sector Automotive Place of debtor’s incorporation and jurisdictional factors Germany Legal counsel involved The Company: Adam Al- Attar KC and Charlotte Cooke (instructed by Linklaters LLP) Timeline 4 February 2025: the Company and Sealing Technologies S.à.r.l. (the Sponsor) agreed to push back the maturity of the Existing Shareholder Loan to April 2027 14 April 2025: the Company commenced a consent solicitation of the Existing Senior Notes to permit specified amendments (including permitting incurrence of debt under the Bridge Loan)......

ARCHIVED This Practice Note is archived. It was derived from a draft imaging order appended to Practice Direction 25A. That Practice Direction and its annexes were revoked with effect from 6 April 2025, and the draft imaging order was superseded by a model search and imaging order. For current guidance, see Practice Note: The model search and imaging order (from 6 April 2025). The commentary in this Practice Note concerns the construction and application of the relevant CPR provisions. Depending on the court in which your case is heard, additional requirements may apply—see further below. This Note also explains the development and purpose of imaging orders, and offers guidance on the specimen imaging order inserted into CPR PD 25A, Annex B from 6 April 2022 (described in this Note as the ‘standard imaging order’). Much of the approach to seeking search orders will be...

This risk management guide is designed for commercial organisations in the UK. It sets out five priorities for controlling the risks linked to standard terms and conditions of purchase and clarifies why each matters. For every priority it provides action lists and action points, enabling you to record your organisation’s level of risk management. Why you need to manage this risk Standard purchasing terms are commonly adopted to simplify procurement. They assist when an organisation enters agreements with suppliers in the course of everyday operations. Their generic, pro-forma format can be beneficial because they demand fewer resources than a bespoke contract and, in principle, call for little or no negotiation or management input. Introduce speed, consistency, and certainty over allocation of risk in procurement Cut routine costs Even so, consider whether standard terms suit every transaction, as they can also create risks. This guide...

This Practice Note reviews the different stamp duty land tax ( SDLT) rates, including those that apply to transactions involving rent. For general guidance on when SDLT is chargeable, see Practice Note: Land transactions, chargeable interests and chargeable transactions. From 1 April 2015, SDLT no longer applies to any land transaction concerning interests in or over land in Scotland. From that date, such transactions are within land and buildings transaction tax ( LBTT), subject to transitional provisions. Accordingly, any references in this Practice Note to ' UK land' or similar wording, in the context of SDLT, should be understood as excluding interests in or over land in Scotland from 1 April 2015. For further information, see the LBTT subtopic. SDLT also ceased to apply to any land transaction involving any interest in or over land in Wales from 1 April 2018. From that date, land...

ARCHIVED : This Practice Note has been archived and is not maintained. From 8 October 2001, the Welfare Reform and Pensions Act 1999 ( WRPA 1999) placed a duty on employers with five or more staff to nominate and enable access to a stakeholder pension arrangement for their workforce as required by applicable law. That designation and access duty, as provided for in WRPA 1999, s 3, was superseded on 1 October 2012, when automatic enrolment into a qualifying scheme, introduced by the Pensions Act 2008, came into legal force. Nonetheless, save where a relevant exception applies, employers remain obliged, for relevant employees, to deduct member contributions to a stakeholder scheme from remuneration and remit them promptly to the trustees or managers. In addition, any existing or newly established stakeholder pension schemes must still be administered in accordance with the statutory rules for such...

From 1 October 2012, the duty on employers to nominate and facilitate access to a stakeholder pension scheme (as set out in section 3 of the Welfare Reform and Pensions Act 1999 ( WRPA 1999)) ceased, as the new requirement by employers to enrol workers automatically into an automatic enrolment scheme (introduced by the Pensions Act 2008) took effect thereafter. However, unless a relevant exception applies (eg where an employer is notified that a designated stakeholder pension scheme has begun winding up), employers remain under an ongoing obligation, as applicable, in respect of relevant employees, to deduct employee contributions to any existing stakeholder scheme from pay, as appropriate, and forward them to the trustees or managers of the schemes. In addition, both existing and newly created stakeholder pension schemes must continue to be run in line with the statutory...

This practical guidance concerns the regime predating the Procurement Act 2023. It offers direction for public procurement exercises initiated before PA 2023 came into effect on 24 February 2025. Procurements within scope started on or after that date fall under PA 2023. By virtue of the Act’s transitional and savings provisions, the former procurement frameworks remain in force so far as required to let contracting authorities finalise and administer procurements begun prior to commencement (i.e. those still ongoing). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further hands-on guidance on PA 2023 appears in a separate subtopic, see: Procurement Act 2023—overview. Stakeholder engagement in public procurement Engaging stakeholders—often spanning a broad spectrum of interests—is pivotal to the success of large procurements and investment programmes. Each stakeholder will assess the project or...

This Resource Note summarises the key provisions of Rule 5 of The City Code on Takeovers and Mergers ( Code), which governs the timing curbs on acquisitions during a takeover. It signposts relevant materials, commentary and guidance from the Panel on Takeovers and Mergers ( Panel), together with Lexis+® UK analysis and resources, to offer practical help on interpreting and applying Rule 5. The Note is pertinent to any stakebuilding exercise. Materials addressed in this Resource Note include: detailed notes accompanying the Code ( Notes), elaborating on intended implementation of the Rules and related Appendices on specific issues Practice Statements issued by the Panel Executive (the body responsible for day-to-day takeover supervision and regulation) ( Executive), giving informal guidance on how the Executive typically interprets and applies the Code Panel Statements published by the Panel ( P/ S) and Panel...

The Pre- Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents This Practice Note sets out a concise overview of the main elements of the Pre- Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol), alongside practical guidance on how to use the claims portal... Note: The Pre- Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol) applies to incidents on or after 31 May 2021 where the injury damages sought do not exceed £5,000 and the total value of the claim does not exceed £10,000. The small claims track limit for personal injury arising from an RTA is £5,000 for damages for pain, suffering and loss of amenity, subject to specified exceptions. For more on the RTA Small Claims Protocol, including when it does not...

This ‘ How to’ guide outlines the matters an employer should weigh up when deciding whether a worker ought to be paid during sickness absence and, if so, the level of pay due. It also touches on connected questions and remedies. It also considers related issues and remedies. A worker who cannot work because of ill health may still, during their sick leave, be paid: statutory sick pay ( SSP) under the Social Security Contributions and Benefits Act 1992 ( SSCBA 1992) and the Statutory Sick Pay ( General) Regulations 1982 ( SSP ( General) Regs 1982), SI 1982/894 (see: Whether an individual is entitled to be paid SSP below), and/or contractual (or ‘occupational’) sick pay (see: Whether an individual is entitled to be paid contractual sick pay below) For fuller guidance on SSP and contractual sick pay, see Practice Note: Sick pay. The...

1. Have there been any recent developments regarding the merger control regime in Sri Lanka and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Sri Lanka? NOTE—to check whether notification thresholds in Sri Lanka and worldwide are satisfied, please refer to: Where to Notify. Sri Lanka currently has no statute that specifically governs merger control. Instead, the provisions on anti-competitive conduct in the Consumer Affairs Authority Act No 9 of 2003 (the Consumer Affairs Authority Act) are relevant to merger assessment. As a result, there is no compulsory merger notification or clearance system, and no standstill obligation, in Sri Lanka. A merger will only be examined under the Consumer Affairs Authority Act where it amounts to the existence of an ‘anti-competitive practice’ within the meaning of that Act. For the purposes of the...

1. What is the applicable legislation? Sri Lanka promotes FDI and, aside from a few exclusions, remains broadly open. The principal legal regime for investing into Sri Lanka is the Foreign Exchange Act No. 12 of 2017 ( FEA) together with its Regulations. The Board of Investment of Sri Lanka ( BOI) serves as the country’s investment facilitator and operates under the Board of Investment Law No. 4 of 1978 ( BOI Law). Investments in the newest Special Economic Zone—the Colombo Port City ( SEZ)—are governed by the Colombo Port City Economic Commission Act No. 11 of 2021 ( CPCEC Act) and related Regulations, including the Foreign Exchange ( Investments in Colombo Port City) Regulations No. 1 of 2022. Other investment-facilitating laws include: Strategic Development Projects Act, No. 14 of 2008 ( SDP Act), with its Regulations The Finance Act –...