Legal Practice Notes

This Practice Note explains when and why delivery of a bill is required, how to seek delivery, and the types of orders the court may grant. It also highlights examples of instances where the court has, and has not, exercised its discretion under section 68 of the Solicitors Act 1974 ( SA 1974), together with the effect of delivery of a statute bill and delivery up of the client’s papers. Note, the Solicitors Act 1974 ( SA 1974) is referred to as SA 1974 in this Practice Note... Delivery of a bill When and why this is sought Delivery of a bill is commonly pursued by a client or other chargeable party in two situations: the solicitor wishes to retain monies on account without providing an adequate bill the client believes the solicitor’s request for an interim payment on account is unduly...

It is quite usual for a private limited company to be run by a single appointed director. In many cases, that same individual also holds all the shares in the business. This Practice Note provides a concise brief overview of the principal issues and potential difficulties facing a private company that has only one director. Appointment Under section 154 of the Companies Act 2006 ( CA 2006), a private company must always have at least one director in office. In addition, CA 2006, section 155 also stipulates that every company must have at least one director who is a natural person, rather than a corporate body. Where a private limited company has a sole director who intends to formally step down, a replacement director must be appointed before that person can end their appointment. The first director is put in place by providing the...

What is solar thermal? Solar thermal describes collectors that capture the sun’s energy to produce hot water. Collectors are most commonly fitted to roofs, but they can also be placed on the ground, mounted on walls, or integrated within building components, i.e. shading devices, canopies, and similar elements. The heat produced is primarily used for domestic hot water and can also contribute to heating or provide warm air for buildings. It may additionally heat or pre-heat water for industrial processes, supply warm water for swimming pools, and drive a particular type of chiller for air conditioning. In the UK, given the available solar radiation (with a maximum of about 1 k W/m2) and its seasonal variation, solar systems cannot meet a building’s entire hot water demand at a viable cost. Consequently, storage buffers or supplementary heating systems are often needed. Solar thermal systems are...

Introduction and key benefits of solar As interest in renewable energy has surged over the last decade, solar projects have multiplied across the market. Among the two main technologies, photovoltaic ( PV) and concentrated solar power ( CSP), PV leads by a wide margin. Its relatively low capital outlay and rapid delivery schedules make PV schemes especially appealing to investors and sponsors in the energy sector. By end- April 2025, the UK’s installed solar PV capacity reached 18.1 GW, a 5.9% rise year on year. Solar PV now supplies around 11% of the UK’s electricity. In June 2025, the UK government released a solar roadmap outlining coordinated actions for government and industry to accelerate deployment of all forms of solar nationwide, with an ambition to reach 45–47 GW by 2030. The International Energy Agency’s Renewables 2024 report signals that, by the close of the...

This Practice Note explores the principal legal and commercial considerations that may surface in a business-to-business setting when drafting and negotiating warranties and indemnities for both standard and off-the-shelf software licences, as well as more intricate arrangements. For guidance on other core matters affecting software licences, including limitations on liability linked to warranty or indemnity claims, see Practice Note: Key issues in software licence agreements. See also the following materials on dispute resolution: Pre-action: general—overview Starting a claim or counterclaim—overview Contractual breach damages and remedies—overview For warranties and indemnities within cloud models, including software as a service ( Saa S), see Practice Note: Cloud computing—key legal issues. Warranties A warranty is a contractual promise (see Bentsen v Taylor & Sons). In most commercial agreements, including software licences, warranties are assurances that specific facts or states of affairs are accurate, but they can also be...

A software audit arises when a software supplier seeks confirmation that a customer’s use of licensed software complies with the terms of the granted licence, and requests verification of that compliance. Such reviews confirm adherence to permissions granted. This Practice Note offers guidance on: the purpose of a software audit and the exposure for customers circumstances that might prompt an audit preparing for the prospect of an audit the manner in which the audited organisation should run the audit how the audited organisation should address the final report, including dealing with adverse findings and negotiations It also addresses litigation connected to software audits. This Practice Note is based on the audit practices of leading international software suppliers. The guidance in this Practice Note should be applied and adapted on a case-by-case basis, as appropriate in the circumstances. The role of an audit and the risk for...

Software development—in brief A software development agreement applies when a customer retains or commissions a software developer to design, build, test and, at times, install and maintain tailor-made software. Development activity is also commonly a core element of systems integration agreements as well. These contracts deal with the acquisition, development and integration of an entire IT system, comprising both hardware and software components. The software strand often entails the developer or integrator producing a substantial share of bespoke or modified software. In each scenario, the payment mechanism that sets out which fees the customer must pay (and when those payments fall due) is a crucial feature which—together with other contractual terms, including limits and exclusions on the developer’s liability for contract breach, the calculation of liquidated damages for late delivery by the developer, and the warranties and indemnities the developer gives to the...

This Practice Note provides a concise overview of the legal and practical considerations around ownership of software and other information technology ( IT) assets, and outlines alternative models such as co-ownership and licensing. It also offers practical pointers for effectively managing and handling an organisation’s IT assets. In addition, it signposts options for structuring rights, including shared ownership and licence arrangements. Types of IT assets and associated intellectual property rights/other rights An organisation’s IT asset portfolio comprises all IT systems, solutions, applications and technical know-how that the organisation deploys to carry out specific business functions or deliver services to its customers. At a more granular level, the portfolio will cover discrete elements such as the following: software hardware and other infrastructure, eg servers, data centres and network equipment platforms networks These resources sit behind the technology that a customer or other users will see when...

ARCHIVED: This Practice Note is archived and not maintained. What is Soft Landings? Soft Landings began as a concept introduced by the architect Mark Way, prompted by practical challenges he observed after buildings were handed over to their users. He then developed the approach further through a project at Cambridge University, and in 2004 produced initial documentation presented as scope of service papers. As the push towards more sustainable buildings increased, the Building Services Research and Information Association ( BSRIA) became involved and brought together an industry task group. That group went on to publish the Soft Landings Framework in June 2009 to enhance briefing, design, handover, and in‑use building performance ( BSRIA BG 4/2009). The framework is available to download from the BSRIA website......

CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the judgment of 6 October 2015; it is no longer maintained. See further: timeline and related/relevant cases. Case facts Outline Appeal before the General Court seeking to set aside the fine arising from the Commission’s decision (as amended) which found breaches of Article 101 TFEU and Article 53 of the EEA Agreement and imposed a €4.231m penalty on Uralita, jointly and severally with Aragonesas, for its alleged role in a cartel concerning the supply of sodium chlorate (‘ Sodium chloride cartel’). On 6 October 2015, the General Court rejected the action in full. This matter concerns, amongst other things, how the limitation period applies to the imposition of fines for antitrust infringements, particularly in the setting of a ‘single and continuous infringement’ and where an amended...

Disclosure notice under SOCPA 2005 Section 62(3)(a) of the Serious Organised Crime and Police Act 2005 ( SOCPA 2005) A disclosure notice under SOCPA 2005, Section 62(3)(a), permits the Director of Public Prosecutions ( DPP), or an appropriate person, to serve such a notice on an individual, compelling answers to questions about any matter pertinent to their investigation, and obliging their full co-operation throughout. This process is commonly referred to as a compulsory interview under SOCPA 2005. For these purposes, an ‘appropriate person’ includes a constable, an officer of the National Crime Agency ( NCA), or an officer of HM Revenue & Customs ( HMRC)......

What is the 100 day arbitration procedure? Published in 2004 by the Society of Construction Arbitrators, the 100 Day Arbitration Procedure is a framework parties may adopt by agreement. It sets out how the reference will be managed, including deadlines within which procedural steps must be completed. The Society introduced it in response to concerns that certain adjudications had become prohibitively costly, especially given that an adjudicator’s decision is only binding on an interim basis unless and until it is finally determined by litigation, arbitration or agreement (see Practice Note: Adjudication decision). The 100 day procedure is intended to enable disputes to be resolved relatively swiftly with a binding outcome, yet still afford the parties adequate time to present their cases and, where appropriate, to have a full hearing. Without such a scheme, arbitration proceedings typically last significantly longer. That said, the 100 day...

Part 2 of the Children and Social Work Act 2017 ( CASWA 2017) created Social Work England ( SWE) as the regulator for social workers in England, replacing the Health and Care Professions Council ( HCPC). The regulation of social workers was formally transferred to SWE from the Health and Social Care Professions Council in December 2019. SWE operates under the auspices and oversight of the Professional Standards Authority. As a result, the Professional Standards Agency is, in specified circumstances, able to refer a case to the High Court. See Practice Note: Professional Standards Authority. SWE was established to deliver a new and different approach to regulation. Accordingly, some variation can reasonably be expected between the approach of more established regulators and that of SWE. SWE aims to set the tone as a collaborative regulator, emphasising that it shares and reflects the values of those it...

STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures commenced under the earlier regimes—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 in line with those rules. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and are therefore assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, consult Practice Note: Assimilated law. The Public Services ( Social Value) Act 2012 ( PS( SV) A 2012), also known as the...

This Practice Note delivers a high-level overview of the varied forms of social media services and sites, setting out principal ways organisations may deploy them in practice today, while also recognising several business risks that accompany social media use at a glance... Key social media types Social media sites such as Facebook, Tik Tok, Twitter (now known as X), You Tube, Linked In and Instagram commonly sit at the heart of campaigns and community-building efforts. This is in part due to the strong control they give over targeting and reaching specific audiences... A business’s approach to social media will typically be shaped by the nature of its industry, the audience segment in view (for example, Instagram and Tik Tok are popular with 16–24-year-olds), the online spaces and communities its customers and target market frequent, and the likely effectiveness of each site in supporting the...

This Practice Note summarises the reach and purpose of the Pre- Action Protocol for Possession Claims by Social Landlords (the Protocol), in force from 13 January 2020. It covers residential possession proceedings in England and Wales brought by social landlords (for example, local authorities and housing associations). It also outlines landlords’ duties to observe the Protocol, including how and when to make first contact with the tenant, circumstances in which proceedings must not be issued, and requirements for serving statutory notices. It further addresses the need to explore alternative dispute resolution ( ADR), the mandatory grounds for possession, and the implications of non-compliance with the Protocol. Scope The Protocol applies to residential possession claims in England and Wales brought by social landlords, including: a local authority, or a housing association Part 2 concerns claims based solely on rent arrears. Part 3 covers cases where the court’s power to defer...

This Practice Note outlines the meaning of ‘social housing’ and offers guidance on how social housing in England is regulated by the statutory regulator, the Regulator of Social Housing ( RSH). It summarises the RSH’s regulatory framework within which registered providers ( RPs) operate, including the applicable standards and enforcement powers, as revised by the Social Housing ( Regulation) Act 2023 ( SH( R) A 2023). Social housing Social housing means: low-cost rental accommodation, and low-cost home ownership accommodation Accommodation is low-cost rental accommodation if: it is offered to let the rent is below the market rate, and it is provided under rules designed to ensure it is available to people whose needs are not adequately met by the commercial housing market Accommodation is low-cost home ownership accommodation if: it is occupied, or made available for occupation, in...

Reasonable preference A local housing authority ( LHA) must operate an allocation scheme that sets out how priorities are decided and describes the processes to be used when allocating accommodation. That scheme has to be designed to provide reasonable preference to applicants who come within the reasonable preference groups. The obligation to ensure that preference is given to applicants in these groups is the primary statutory requirement placed on LHAs regarding overall prioritisation, and it rests on the applicant’s housing need......

FORTHCOMING CHANGE: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must follow PA 2023, while procedures commenced under the earlier regimes—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 managed under those rules. See Practice Note: Introduction to the Procurement Act 2023. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. FORTHCOMING CHANGE: With effect from 24 February 2025, Procurement Policy Note ( PPN) 015 replaces PPN 10/23 with updated guidance on...

ARCHIVED This Practice Note is archived and no longer maintained. It offers historical context and outlines concepts such as UK mini-bonds and the Order Book for Retail Bonds ( ORB). With the advent of the new UK prospectus regime, these concepts are being phased out or materially reformed. It is provided for background information only. For more on the new UK prospectus regime, see Practice Note: The UK Prospectus Regulation—essentials [ Archived]— Reform of the UK prospectus regime. Introduction Traditional debt capital markets Historically, large corporates have tapped the debt capital markets to raise funds from an investor base made up largely of investment funds, pension funds, insurance companies and other institutional investors. Consequently, debt capital markets transactions have typically been characterised by: substantial issue sizes—typically at least £50m (or the equivalent in another currency) and frequently above £100m uniform...