Legal Practice Notes

The current position and how we got here As in other parts of discrimination law that govern pension schemes, rules on sex discrimination have been strongly shaped by European law. In this area, three separate strands of European law have informed the development of UK law: case law of the Court of Justice of the EU ( CJEU)—as regards the domestic effect of CJEU judgments, Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023), s 6 introduces new tests and procedures for UK courts when deciding whether to depart from earlier CJEU rulings. Previously, in weighing a departure from retained EU case law, the Supreme Court and the Court of Appeal (together, the Higher Courts) applied the standard of whether it appeared ‘right to do so’. REUL( RR) A 2023 amends s 6 of the European Union (...

Drains A ‘drain’ is a system used to carry away wastewater from a single building, or from any buildings or yards appurtenant to buildings within the same curtilage. The term also extends to its accessories, for example: manholes pumps ( See the accessories definition below.) Whether something like a terrace constitutes ‘one building’ for these purposes is a matter of fact. ‘ Curtilage’ means land so closely associated with a building that it forms part and parcel of it. Lateral drains A ‘lateral drain’ is the portion of a drain that runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain connects, or is intended to connect. Alternatively, where context makes a difference, it is the part of a drain specified in a declaration of vesting under section 102 of the Water...

By virtue of s 94(1)(b) of the Water Industry Act 1991 ( WIA 1991), a sewerage undertaker is obliged to manage what flows through its sewers, using sewage disposal works or other means. Sewage disposal works are facilities for receiving, holding, treating, distributing or otherwise disposing of sewage from sewers. Construction of sewage disposal works Following its appointment, a sewerage undertaker is empowered to build new sewage disposal works. A waste water treatment plant counts as a nationally significant project only where, once built in England, its capacity is expected to exceed a population equivalent of 500,000. Modifying such a plant in England is nationally significant if the change is expected to raise its capacity by over a population equivalent of 500,000. For these purposes, ‘waste water’ covers domestic, industrial and urban waste water as set out in regulation 2(1) of the Urban Waste Water...

The question of severance typically emerges on an enforcement application where the court has accepted a jurisdictional challenge or found a breach of the rules of natural justice, but only in relation to part of the adjudicator’s decision. The issue, therefore, is whether discrete elements of the adjudicator’s decision can be severed and enforced, even if other elements were reached without jurisdiction or in breach of natural justice. Severance may likewise surface where the court has concluded (eg in Part 8 proceedings) that the adjudicator’s reasoning on a particular point was flawed (see, for instance, Willow Corp v MTD Contractors). For general guidance on breaches of natural justice, the grounds for jurisdictional challenges, and Part 8 proceedings, see Practice Notes: Breach of natural justice in adjudication, Grounds for a jurisdictional challenge in an adjudication and Adjudication and Part 8...

The following tables set out a concise overview of the principal provisions governing the income tax, capital gains tax and inheritance tax treatment of settlor interested trusts. For fuller discussion of the rules applicable to settlor interested trusts, see Practice Note: Taxation of trusts—settlor interested trusts. The material is arranged in three separate tables—covering income tax, capital gains tax and inheritance tax respectively. For an at-a-glance, side-by-side comparison of all three taxes, refer to the attached Excel spreadsheet. Provisions relevant to offshore trusts are included purely for reference and offer only a high-level outline of the main rules; for detailed guidance, see Practice Notes: Offshore trusts—attribution of income to settlors and Offshore trusts—attribution of gains to settlors. All mentions of spouse should be read to include civil partner, and references to marriage should be read to include civil...

This Practice Note provides guidance on resolving an IP dispute. It outlines the reasons to settle an IP dispute, when settlement should be considered and the forms a settlement can take. It also examines how negotiations might be conducted and the principal terms to capture in a settlement agreement, together with practical pointers for the parties. Why settle? ‘ Settlement’ generally describes a scenario where the parties agree to bring the dispute to an end and enter into an agreement (often a formal contract) setting out the terms reached. Settlement may occur before litigation starts or during court proceedings. Although there are occasions when it is tactically sensible to litigate, it is usually better avoided. IP proceedings are no exception. However persuasive a rights holder’s case may seem, the result of litigation is inherently uncertain, and the process can be expensive, time consuming and...

This Practice Note examines how a claim under the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) could be settled so as to: optimise access to welfare benefits or tax credits for a claimant prevent a claimant from forfeiting eligibility for other state funding, including community or residential care secure equivalent outcomes for estate beneficiaries who are not I( PFD) A 1975 claimants The powers available under the Inheritance ( Provision for Family and Dependants) Act 1975 Under I( PFD) A 1975, s 2, the court may order periodical payments from the net estate, award lump sums, direct the transfer of specified property, and vary, to the applicant’s advantage, the trusts by which the deceased’s estate is held. Consequently, there is a broad spectrum of ways in which the court may provide for a...

Introduction Settlement sits at the heart of clinical negligence litigation. The timing and design of any offer can materially influence both outcome and costs. Under CPR 1.3 and 1.4, parties must help the court to advance the overriding objective, including by making suitable use of alternative dispute resolution ( ADR). The court’s case management powers extend to encouraging or directing ADR. See Practice Note: Case management of civil claims under the CPR— Case management and the overriding objective ( CPR 1). Even if an offer does not conclude the case, it can still confer significant costs protection. This Practice Note chiefly addresses settlement via Part 36 of the CPR. For further guidance, see also Practice Note: Part 36 offers in PI and clinical negligence claims. Settlement may likewise be pursued through non- Part 36 offers or ADR. See: Settlement and settling...

This Practice Note explores who should participate in settlement discussions (including team negotiations), together with confidentiality considerations and the position where talks are subject to contract. For guidance on negotiation strategy, see Practice Note: Settling disputes—negotiation strategy. For assisted routes to concluding a settlement, see Practice Note: What is ADR? and related content. For making offers and recording the deal, see: Settling disputes—settlement offers ( Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement and related content Who should be involved in trying to settle a dispute? The legal representative The legal representative (or, at times, another professional adviser) is invaluable in ensuring an objective stance. Where the client is conducting the negotiation, an adviser can still add value in a supporting role. If the adviser leads, they bring a structured, impartial process to the table, distanced from the clients’...

This Practice Note examines how parties to a settlement agreement can seek to head off a post‑settlement dispute after the main dispute has been concluded, and the most effective way to resolve any disagreement about a settlement if one emerges... Defining terms regarding payment under a settlement agreement The party obliged to pay or deliver under a settlement agreement is described in this practice note as the ‘settlement debtor’—the word ‘debtor’ being used broadly to mean the party from whom money or money’s worth is expected under the agreement—while the party receiving money, or benefiting from any other performance under the settlement, is termed the ‘settlement creditor’... Why do disputes about settlement happen? Most parties settle in good faith, intending to fulfil the agreed terms and move on, though not all do so. Sometimes a settlement is reached to ease a pressure point, yet true finality is not...

Factors to consider before setting up a charity New charities are formed for various purposes. Grant-making charities can serve as an effective, tax-efficient means of managing donations. In certain cases, channelling gifts through a grant-maker is the only way to obtain UK tax relief on funds used for charitable work, such as where money is intended for a body located outside the European Economic Area. By contrast, an operating charity might be created to advance a charitable aim not currently addressed by existing charities, or where the founder believes there is a more effective approach to delivering that aim. Setting up and running a charity involves expense, so it is important to ensure that funds are not wasted. Consider the following before proceeding: For a grant-making charity, assess whether it would be preferable simply to donate directly to operating charities. For a new...

This Practice Note reviews the court’s jurisdiction to rescind a financial remedy order where a ‘ Barder’ event has occurred. It surveys authorities on both successful and failed bids to set aside, and the intersection with alternative bases on which such an order might be displaced. The Family Procedure Rules 2010 ( FPR 2010) offer a procedural mechanism for applications to set aside a financial remedy order in cases where no judicial error is alleged, via FPR 2010, SI 2010/2955, 9.9A. There is a powerful public interest in the finality of orders. Yet, on rare occasions, that principle must yield to a subsequent event that was not foreseen and could not reasonably have been foreseen, and which undermines the foundation upon which the original order rested. This kind of supervening development is commonly described as a Barder event, taking its name from the House of...

The general position of the bankruptcy and family courts The interaction between bankruptcy and divorce has been examined in numerous judgments across both the bankruptcy and family courts. Regrettably, it is not unusual for a bankruptcy to be underway while divorce proceedings continue, and parallel actions can give rise to disputes over the distribution of assets. The point at which a bankruptcy petition is presented, when contrasted with the time the family court issues a property adjustment order, is pivotal in determining how bankruptcy proceedings will affect the family case. For further reading on bankruptcy and divorce proceedings, see: Bankruptcy and family financial remedy proceedings—overview Practice Note: The impact of bankruptcy on divorce proceedings Practice Note: Can the court annul a bankruptcy order obtained in order to defeat the divorce proceedings?......

This Practice Note considers challenging arbitral awards under the law of the Kingdom of Saudi Arabia ( KSA, Saudi or Saudi Arabia) This subject is also described as seeking to set aside, or annul, arbitration awards under Saudi law. Broadly, and examined in more detail below, inconsistency with Sharia or with Saudi public policy provides the foundation for nullifying, or declining to recognise and enforce, arbitral awards in Saudi Arabia... The relevant legal framework The Saudi Arbitration Law, promulgated by Royal Decree No. M/34 on 16 April 2012 (the Arbitration Law), which is based on the UNICTRAL Model Law on International Commercial Arbitration. The Arbitration Law governs arbitration conducted in Saudi Arabia, and also proceedings held outside Saudi Arabia where the parties agree that the Arbitration Law will be the governing law of the proceedings ( Arbitration Law, Article 2) The...

The National People’s Congress of the People’s of China Under PRC law, a party to arbitration may petition a PRC court to challenge or set aside an arbitral award. In many jurisdictions, the set-aside is termed vacation or annulment. This Practice Note has been updated to account for the 2025 amendments, which come into force on 1 March 2026. All references to articles of the Arbitration Law are to the law as amended. Jurisdiction of the PRC courts and general procedure As a matter of statute, PRC courts may annul only those arbitration awards seated in Mainland China and issued by arbitration institutions in Mainland China ( Article 72 of the Arbitration Law, as amended in 2025). The Arbitration Law has no binding effect on awards seated outside those territories. Consequently, PRC courts have no power to set aside awards seated in Hong Kong, Macau, Taiwan, or in...

There are five main types of set-off: independent set-off (sometimes known as legal set-off or statutory set-off) transaction set-off (also known as equitable set-off) contractual set-off insolvency set-off banker’s set-off (sometimes known as current account set-off) This Practice Note looks at the characteristics of these five types of set-off. For information on set-off in general, see Practice Note: What is set-off and when is it available? Independent set-off Independent set-off operates as a procedural defence available for use in court proceedings. It permits mutual, reciprocal claims to be set off against each other where they are separate and not connected, in contrast to transaction set-off. Independent set-off is also described as legal set-off or statutory set-off......

ARCHIVED: This Practice Note is archived and no longer maintained. It outlined permissions relevant during the transition after the UK’s departure from the EU. As that period has concluded, many points it covered are now obsolete. For current guidance on serving a claim form on a defendant outside the jurisdiction, see Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and Wales? Definitions/abbreviations This Practice Note employs the following definitions and abbreviations: CPR 6— Part 6 of the Civil Procedure Rules concerning service of documents implementation period— EU( WA) A 2020, s 1 defines it as the ‘transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day’. ‘ Implementation period’ is the UK’s preferred term; the EU tends to use ‘transition period’. The terms are used...

Service of the claim form in England and Wales A claim form is issued by the court. After that, the document must be served on the defendant so the claim is made known to them promptly and correctly. This step is fundamental to the proceedings and demands not only that the contents of the claim form reach the defendant’s attention, but also that service complies with the applicable rules to secure effective and valid service. This Practice Note outlines the various factors that apply when serving the claim form within England and Wales (the jurisdiction) and includes links to guidance and precedents. Be aware that the provisions in CPR 6 were repealed, with a new suite of rules commencing on 1 October 2008 under the Civil Procedure ( Amendment) Rules 2008, SI 2008/2178. This needs to be borne in mind when reviewing older...

This ‘how to’ guide explains how social landlords can serve a notice to seek possession of an assured shorthold tenancy under section 21 of the Housing Act 1988 ( HA 1988). It summarises the key elements of the notice, including when it should be given, how service should take place, and the preconditions that must be satisfied. From 1 May 2026, the section 21 route is removed for the private rented sector (with transitional arrangements for section 21 notices issued before that date) and will only apply in the social sector. For guidance on ending an assured tenancy in the private sector, see Practice Note: Private sector assured tenancies—terminating. Check the term dates A section 21 notice cannot be served during the first four months of the term (or the original term where the tenancy is a replacement) and must not expire before the...

ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note addresses the position on serving documents from England and Wales on a defendant located in an EU Member State where the service process began before 31 December 2020. It requires consideration of CPR 6 together with the Withdrawal Agreement and the EU Commission’s Notice to Stakeholders concerning civil justice. If service is initiated after this date, different factors apply. For the approach where service starts on or after 1 January 2021, see Practice Note: Cross-border service—serving in an EU Member State. Any references in this Practice Note to Part 6 and its accompanying practice direction are to the provisions as they stood prior to 11 pm on 31 December 2020... Key documents Withdrawal Agreement—defined in section 39(1) of the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) as the...