Legal Practice Notes

Introduction The rule of law is a cornerstone of fair governance. Although infamously difficult to pin down, its core has long been recognised: those who rule must do so through law, and remain answerable to law’s authority rather than standing above it. Contemporary perspectives highlight democracy and human rights as vital to enriching a fuller account of the rule of law. In this thicker view, legality works alongside democratic accountability and the safeguarding of rights to complete the picture. Background Plato, in the Laws, places in the mouth of an unnamed Athenian the view that rulers are servants or stewards of the law—not for novelty’s sake, but because the welfare or decline of the polis turns on that service. Where law is subordinated and lacks authority, the state heads towards ruin; yet where law holds supremacy over the rulers, and rulers acknowledge themselves its...

The introduction of the Pre- Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents The Pre- Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents, referred to as the RTA Small Claims Protocol, took effect on 31 May 2021. It delivered reforms first trailed by the government in 2015, aimed at cutting both the volume and expense of low-value RTA cases. The initial policy sought to abolish compensation for pain, suffering and loss of amenity ( PSLA) on low-value whiplash claims entirely. This was subsequently revised so that only the level of damages recoverable was reduced. Legal costs, other than disbursements, cannot be recovered from the defendant. A digital claims portal was created (see: Official Injury Claim), designed to provide a simple, user-friendly online route enabling claimants to pursue their own cases...

The Pre- Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents This Practice Note provides a hands-on summary of the key elements of Stage 2 and 3 of the Pre- Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, together with an examination of leading case law and the practical consequences for those operating within the online 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 accidents occurring on or after 31 May 2021 where the sum claimed for injuries is not more than £5,000 and the total value of the claim is not more than £10,000. The small claims track limit for personal injury claims arising from a road traffic accident is £5,000 for damages for pain, suffering and loss of...

This Practice Note offers an overview of injuries that arise or worsen due to powerful, repeated or awkward motions when rest and recovery are inadequate. These conditions go by various umbrella terms, most often labelled repetitive strain injuries ( RSI), work‑related upper limb disorders, or musculoskeletal disorders. It addresses optimal strategies for bringing or resisting claims involving such harm. RSI typically denotes pain or damage linked to repeated actions. Most frequently, repetition leads to persistent forearm pain or functional impairment. The label has effectively become interchangeable with work‑related arm pain. Within the spectrum are both clearly diagnosable disorders and non‑specific symptoms such as pain and fatigue. The principal specifically recognisable conditions are listed below. For direction on applicable statutory duties and leading authorities—covering the effect of section 69 of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013), the...

Royal Mail plc v Ofcom & Anor ( Court of Appeal) [ Archived] CASE HUB ARCHIVED — this archived case hub reflects the position at the date of the judgment of 07/05/2021; it is no longer maintained. See further, timeline Outline An appeal against the CAT’s ruling which upheld Ofcom’s decision that Royal Mail infringed the Chapter II prohibition under the Competition Act 1998 and Article 102 TFEU by discriminating against its only competitor ( Whistl) in relation to the supply of bulk mail services in the UK. Latest developments On 7 May 2021, the Court of Appeal delivered its judgment, dismissing the appeal in its entirety. The Court of Appeal held that the CAT: did not err in concluding that it is not necessary to apply an as‑efficient‑competitor test (the AEC test) in every case, and that using the AEC test here was...

CASE HUB NOTE—appeal lodged by Royal Mail before the CAT (1299/1/3/18) ARCHIVED –this archived case hub reflects the position at the date of the decision of 14 August 2018; it is no longer maintained. See further: timeline, and commentary. Case facts Outline Ofcom undertook an Article 102 TFEU and Chapter II inquiry into Royal Mail for an alleged abuse of dominance, said to involve discriminatory treatment of its only competitor in letter delivery, Whistl. Latest developments On 14 August 2018, Ofcom decided that Royal Mail had breached Section 18 of the Competition Act and Article 102 TFEU by abusing its dominant position, and issued a £50m fine. Parties Royal Mail Group Ltd ( Royal Mail), the UK’s incumbent postal and courier operator Whistl, formerly TNT Post UK, is a UK postal delivery business. It lodged the complaint against Royal Mail and competed directly by...

Deciding which approach to scheme amendments to take Once planning permission for development is issued, the scheme must be delivered in line with the decision notice, all conditions (including any approved plans cited within those conditions) and any related legal agreements. See Practice Notes: Planning conditions—key points and Planning obligations—key points. Yet amendments to a scheme are frequently required after permission is granted. This may arise from unforeseen events, shifts in the market, or simply because the design process is protracted and continues to evolve even post-consent. Some latitude may already be embedded within the permission. There is also scope, in very limited situations, to vary a scheme informally without a formal application to or approval from the local planning authority ( LPA) where changes are ‘immaterial’, see Lever ( Finance) and Midcounties Co-operative. If the necessary alterations are fundamental or...

This Practice Note assists in identifying the governing law for harmful events occurring on or after 11 January 2009. It reviews Regulation ( EC) 864/2007 concerning the law governing non-contractual obligations, commonly called Rome II. It addresses the default position in Article 4(1), the shared habitual residence carve-out in Article 4(2), and the displacement mechanism in Article 4(3). Within this Practice Note, the regulation is referred to as Rome II. Throughout, Rome II is the shorthand used for the Regulation in this Note. It is intended for use when a court in an EU Member State is applying Rome II to such non-contractual disputes arising from harmful events. It does not examine how UK courts apply the instrument. For guidance on how Rome II is applied by UK courts, see Practice Note: Rome II—the general rule ( UK only). For guidance on: the...

This Practice Note This Practice Note assists with identifying the applicable law before the courts of England and Wales for loss-causing events that took place between 11 January 2009 and 31 December 2020, in respect of matters giving rise to damage. Where events fell outside those dates, the UK courts will apply an alternative applicable law regime appropriate to the relevant timeframe. The governing regime turns entirely on the date the event happened in question. For help on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. It also explains when and why Regulation ( EC) 864/2007 on the law applicable to non-contractual obligations, Rome II, was introduced. Further, it outlines the situations in which it applies and those in which it does not, as appropriate. In this Practice Note, the Regulation is referred to as Rome II. For...

This Practice Note is intended to assist with identifying the governing law for events that result in damage, where those events occurred on or after 11 January 2009. It explains when and why Regulation ( EC) 864/2007 on the law applicable to non-contractual obligations—known as Rome II—was brought in, and outlines the situations in which it applies and those in which it does not. In this Practice Note, the regulation is referred to as Rome II. For guidance on other aspects of Rome II, see the Practice Notes: Rome II—the general rule and its displacement, and Rome II—special rules. When did Rome II come into force? There was some doubt about the date from which Regulation ( EC) 864/2007, Rome II should be applied. Article 31 of Regulation ( EC) 864/2007, Rome II, headed ‘ Application in time’, states that the Regulation applies to events giving rise to...

This Practice Note Use this Practice Note when identifying the governing law where a contract was concluded between 17 December 2009 and 31 December 2020. For agreements made on other dates, the UK courts will apply a different governing law regime. Which regime is engaged depends on the date on which the agreement was made. The temporal scope is critical to the analysis. It is intended for use in relation to that period. For guidance on the various regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note reviews the rules in Regulation ( EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations ( Rome I), addressing parties’ autonomy to choose the governing law for their contract. Even where a law is chosen, the parties remain subject to...

This Practice Note is for use when determining applicable law where the contract was entered into on or after 17 December 2009. It examines how Regulation ( EC) 593/2008 on the law applicable to contractual obligations— Rome I—operates where the parties have made no choice of governing law. Coverage includes which law governs particular contract types, for example sales of goods, service agreements and distribution arrangements. It also addresses contracts outside those categories, including the operation of the so‑called ‘escape clause’. For these scenarios, the key concepts are ‘characteristic performance’, ‘habitual residence’, and ‘more closely connected’. The Note explores each term and explains how the escape clause contrasts with Rome I’s forerunner, the Rome Convention. Rome I caters for cases where parties select the governing law—see Practice Note: Rome I—applicable law chosen by the parties—as well as where no selection is made. Where no choice...

This Practice Note This Practice Note is intended for assessing the governing law of contracts concluded from 17 December 2009 to 31 December 2020. Where agreements were made outside those dates, the UK courts will apply an alternative applicable law regime, and which regime is engaged depends upon the date on which the contract was entered into. The operative framework therefore turns on the timing of formation. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note addresses the application of Regulation ( EC) 593/2008 on the law applicable to contractual obligations—commonly called Rome I—in situations where the parties have not selected the applicable law. It examines the governing law for particular categories of contract, including the sale of goods, the supply of services, and distribution agreements. It also covers scenarios that do not fit within those...

Practice Note This Practice Note assists with identifying the governing law where a contract was concluded between 17 December 2009 and before 1 January 2021. For contracts made on other dates, the UK courts will apply a different applicable law regime. The regime that applies turns on the date the contract was entered into. For direction, see Practice Note: Applicable law regimes. This Practice Note reviews the general provisions in Regulation ( EC) 593/2008 on the law applicable to contractual obligations ( Rome I). It addresses: Overriding mandatory provisions ( Article 9) Consent and material validity ( Article 10) Formal validity ( Article 11) Scope of the law applicable ( Article 12) Incapacity ( Article 13) Voluntary assignment/contractual subrogations ( Article 14) Legal subrogation ( Article 15) Multiple liabilities ( Article 16) Set-off ( Article 17) ...

This Practice Note assists in identifying the governing law where a contract was concluded on or after 17 December 2009 and before 1 January 2021. For agreements made on other dates, the UK courts will apply an alternative governing-law regime, selected by reference to the date the contract was entered into. The applicable scheme is determined by the date on which the contract was concluded. For direction on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. This Note examines the operation and construction of Regulation ( EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, known as Rome I. Within this Note it is cited as Regulation ( EC) 593/2008, Rome I, or simply Rome I. It sets out when and for what reasons Rome I came into force and...

ARCHIVED: This Practice Note is archived and not maintained The UK is no longer bound by the Rome Convention in international law, following departure from the EU. Nonetheless, the substantive rules still operate in certain cases—namely where a contract was concluded between 1 April 1991 and 16 December 2009 and meets the criteria required by the Act. Accordingly, those provisions have been preserved in the C( AL) A 1990, but they are subject to the amendments made by The Law Applicable to Contractual Obligations and Non– Contractual Obligations ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/834. For the current position, see Practice Note: Contracts ( Applicable Law) Act 1990—application and interpretation. This Practice Note introduces the Rome ( EC) Convention on the Law Applicable to Contractual Obligations 1980 (the Rome Convention), identifying its signatories, the manner of its UK...

ARCHIVED: This Practice Note is archived and no longer updated. Since the UK left the EU, the Rome Convention no longer binds the UK under international law. Even so, its substantive provisions may still apply to certain contracts—namely those made between 1 April 1991 and 16 December 2009 that meet the criteria in the act. These rules are preserved in the C( AL) A 1990, but operate with changes introduced by The Law Applicable to Contractual Obligations and Non– Contractual Obligations ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/834. For current guidance, see Practice Note: Contracts ( Applicable Law) Act 1990—applicable law chosen by the parties. This Practice Note sets out the scope of the applicable/governing law under the Rome Convention, and describes how parties may choose that law, including whether the choice must be in writing, whether it must be the law of a...

Updated in November 2023 Introduction This guide sets out the principal matters a new business should consider before beginning operations in Romania. It is not exhaustive and does not amount to specific Romanian legal advice; such guidance must be sought from a Romanian lawyer before establishing and running a venture in the country. Accordingly, independent Romanian legal counsel should always be consulted for tailored advice. Strengthening the business climate, ensuring stability and predictability, and boosting competitiveness through innovation are central strands of the Romanian Government’s economic policy. The main route to greater competitiveness is raising productivity by diversifying and innovating the domestic industrial base. Executive branch priorities include improving the business environment by reinforcing State aid policy and advancing better regulation, which lowers administrative burdens on businesses, while enhancing transparency in decision-making and public consultation. At the same time, it intends to support private...

1. What is the applicable legislation? The rules governing foreign direct investment are set out in: Competition Law No. 21 of 10 April 1996, as later amended and republished, most recently by Government Emergency Ordinance ( GEO) No. 17/2026 of 13 March 2026 ( Competition Law 1996) Regulation on economic concentrations adopted by Order No. 432/2017 of the President of the Romanian Competition Council ( RCC) Supreme Council for State Defence ( CSAT) Decision No. 73/2012 concerning the application of article 46 paragraph (9) of the Competition Law 1996 GEO No. 46/2022 implementing Regulation ( EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union ( FDI GEO 2022), published on 18 April 2022 and approved by Law No. 164 of 31 May 2023, further amended by GEO No. 108 of 29...

Competency frameworks are frequently met with a fair dose of scepticism, yet coupling the roll out with a training programme allows delegates to ask questions, delve into the framework, and see how it shapes their role. This Practice Note walks you through the steps for putting a training programme in place to underpin the roll out of a competency framework. It covers: why training is required who the training needs to be targeted at what the content of the courses should be how the training should be delivered the timing of the training delivery feedback on training and support Why is training required? As noted, competency frameworks can be dismissed as ‘just another management fad’. The core problem is that many people fail to spot the link between their role, the framework, and the aims of the...