Legal Practice Notes

This practical guidance concerns the position before the Procurement Act 2023. It addresses public procurement exercises launched prior to the Act ( PA 2023) taking effect on 24 February 2025. Procurements within scope that start on or after that date fall under PA 2023. Transitional and savings provisions preserve the former procurement regimes insofar as needed for contracting authorities to finalise and manage procurements begun before commencement of PA 2023 (ie ongoing procurements). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance on PA 2023 is provided in a separate subtopic: Procurement Act 2023—overview. Public procurement under the Public Contracts Regulations 2015 Unless an exemption applies—for example, where the contract value is below the relevant financial threshold—a contracting authority must adopt one of the five permitted...

This Practice Note This Practice Note supports commercial practitioners advising merchants or their subcontractors. It outlines the Payment Card Industry Data Security Standards ( PCI DSS), traces the origins of PCI DSS and the Payment Card Industry Security Standards Council ( PCI SSC), sets out who is in scope, and distils its principles and requirements. It reviews compliance obligations and enforcement, including card scheme penalties, and how these align with UK privacy and data security laws and standards. Topics addressed include PIN Transaction Security ( PTS), the Payment Application Data Security Standard ( PA- DSS), tokenisation, and considerations for shared-hosting providers. It also highlights key contractual protections that merchants should obtain from service providers. The Note excludes sector-specific laws, practices, or PCI DSS duties relevant to financial institutions, merchant acquirers, payment processors, payment networks, and banks, as these are for...

Appointing authority This Practice Note outlines the automatic designation of the Secretary- General of the Permanent Court of Arbitration ( PCA) as the appointing authority under the PCA Arbitration Rules 2012 (the PCA Rules), the specific manner in which a tribunal is formed under the PCA Rules, and the procedures for both challenging and replacing arbitrators. It further addresses the exclusion of liability for the tribunal and any persons it appoints. Under PCA Rules, art 6(1), the Secretary- General of the PCA is designated to act as appointing authority under the PCA Rules. The appointing authority’s central and primary function is to facilitate the constitution of an appropriate tribunal, by resolving difficulties that occur in putting the tribunal in place, for example when the parties fail to agree on a nominee for a sole or presiding arbitrator. In that capacity, the PCA...

Section 3 of the Small Business, Enterprise and Employment Act 2015 ( SBEEA 2015) requires certain large companies and limited liability partnerships ( LLPs) to disclose information about their payment policies and outcomes. This was brought in to tackle the widely reported issue of smaller, economically fragile suppliers being kept waiting lengthy periods for payment for their goods and services. As such, the rules are closely linked to corporate social responsibility and corporate reputation. The Reporting on Payment Practices and Performance Regulations 2017, SI 2017/395, were issued on 20 March 2017 and took effect on 6 April 2017, alongside the equivalent LLP regulations. 2024 Amendment Regulations On 5 April 2024, the Reporting on Payment Practices and Performance ( Amendment) Regulations 2024 ( SI 2024/444) came into force, updating the 2017 Regulations and the LLP Regulations. Changes made by regulation 2(4) apply to each...

Step-by-step guide Party A and Party B execute an International Swaps and Derivatives Association ( ISDA) Master Agreement and Schedule, and mutually agree that their pay as you go inflation swap ( PAYG) will be recorded by means of an ISDA confirmation......

Introduction to patent proceedings In England and Wales, patent disputes sit within the civil jurisdiction of the courts, which apply the substantive statutory framework — the Patents Act 1977 ( PA 1977), as amended — together with the common law, and decide cases in accordance with the procedural regime of England and Wales, as set out in the Civil Procedure Rules ( CPR). Actions for patent infringement are brought before the Patents Court or the Intellectual Property Enterprise Court ( IPEC), both of which are part of the Business and Property Courts of the High Court ( Chancery Division). The courts of England and Wales may grant remedies in patent matters at the pre-litigation stage, during proceedings, or on final disposal, and such relief may stem from powers granted by PA 1977, the common law, or by procedural rules. In awarding remedies, the courts must also...

Grounds of patent revocation Patents can be revoked (ie taken off the patents register) where they are found invalid in some respect. A revoked patent is treated as though it never existed. The statutory bases for revocation are contained in section 72 of the Patents Act 1977 ( PA 1977). These include that the invention is not patentable (eg it lacks novelty, inventiveness or industrial applicability) and that the specification fails to disclose the invention with sufficient clarity and completeness for a person skilled in the art to put it into effect. This deficiency is called ‘insufficiency’. This Practice Note focuses on patent invalidity arising from insufficiency. For details on other invalidity grounds, see the following Practice Notes: Patent invalidity—grounds of revocation Patent invalidity—obviousness Patent invalidity—lack of novelty Claim...

ARCHIVED: This archived Practice Note sets out rules that cover companies which most recently opted to enter the patent box regime for an accounting period starting before 1 July 2016, in connection with the business’s qualifying IP that was filed for or purchased before 1 July 2016 (or, in certain instances, 2 January 2016). A separate set of provisions—outlined in Practice Note: Patent box calculation of relief—new rules—governs entrants joining the patent box on or after 1 July 2016, and then applies universally to all companies from 1 July 2021. Under the patent box, qualifying profits are in effect subject to corporation tax at a reduced 10% rate. The statutory mechanism delivers this relief by permitting a deduction when computing the trading profits of the company for the relevant accounting period in question. For broader background and further details on the patent box, refer to...

Passwords are a common and accessible way to safeguard personal data and the systems that process it. As they are cost-effective and straightforward to implement, the Information Commissioner’s Office ( ICO) endorses them as a method for protecting personal information. Where appropriate data protection measures are missing, organisations could face regulatory action. Numerous ICO breach investigations—where personal data was stolen, lost or accessed without proper authorisation—would have been less serious had the data been suitably protected. This Practice Note mirrors the ICO’s detailed Guidance on passwords to help organisations understand their options and responsibilities, together with the UK General Data Protection Regulation ( UK GDPR). Introduction to passwords A key challenge when handling personal data and other information is ensuring those who require access can obtain it, while stopping unauthorised individuals. You therefore need to authenticate and authorise the person attempting to gain access. This is...

Nearly all maritime accident claims fall under the Athens Convention (the Convention), applied in the UK through section 183 of the Merchant Shipping Act 1995 ( MSA 1995). Notably, the Convention underwent major revision under the 2002 Protocol, the results of which are set out in the ‘ Consolidated Convention’. From 31 December 2012, the EU brought in Regulation ( EC) 392/2009 to give effect to the 2002 Protocol. In the UK this EU instrument was implemented by the Merchant Shipping ( Carriage of Passengers by Sea) Regulations 2012, SI 2012/3152. The Merchant Shipping ( Passengers’ Rights) ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/649, alters the EU Regulation so that references to the EU are replaced with the UK. Separately, the 2002 Protocol entered into force on 23 April 2014. For comprehensive guidance on how the 2002 Protocol has been...

This Practice Note explains the circumstances in which the cost of party wall works can be shared, the relevant entitlement of adjoining and building owners to seek security for damage and expenses, and the surrounding case law. Sharing the cost of party wall works Under the Party Wall etc Act 1996 ( PWA 1996), the expense of works (described in PWA 1996 as ‘expenses’) is ordinarily borne by the building owner, save where an exception applies. These exceptions include: where a building owner constructs a new party wall or party fence wall, with the adjoining owner’s consent, the expense is apportioned between the two owners, having proper regard to the use made (or to be made) by each owner, and to the prevailing costs of labour and materials at the time of that use. Accordingly, a building owner may receive no...

If a building owner intends to carry out work on an existing party wall or construct a new wall, what steps must they take? This Practice Note outlines the categories of work covered by the Party Wall etc Act 1996 ( PWA 1996), formal notice requirements, the dispute resolution route, plus party wall awards, costs, access, special foundations, and safeguards for adjoining owners. The PWA 1996 sets out rights and duties for property owners wishing to: undertake works to existing party walls or party structures erect a new wall or structure on the boundary with an adjoining property excavate within three or six metres of an adjoining building or structure, depending on how deep the works will be Owners proposing such works must serve notice on any affected adjoining owners. In the absence of consent, a dispute resolution process generally follows,...

Produced in association with 4 Pump Court This Practice Note examines whether an adjudicator may order one party to bear, in full or part, the other party’s legal costs—termed ‘party costs’. It also considers a party’s scope to recover party costs under the Late Payment of Commercial Debts ( Interest) Act 1998 ( LPCD( I) A 1998) or by claiming damages. For an adjudicator’s fees and expenses, see Practice Note: An adjudicator’s fees and expenses. As a general rule, the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996), as amended by the Local Democracy, Economic Development and Construction Act 2009 ( LDEDCA 2009), aims to prevent parties from agreeing terms that place the whole costs risk on one side. Section 108A of the HGCRA 1996 renders ineffective any agreement on liability for party costs, subject to a narrow exception: parties may agree how such costs are...

This Practice Note cites decisions of the Court of Justice of the European Union. For advice on the extent to which EU rulings bind the courts of the United Kingdom, consult Practice Note: Assimilated law — Assimilated case law. The legislative framework Two distinct legislative strands must be assessed when considering part-time workers and discrimination. The first concerns equal treatment as between men and women. Because, historically, women have been more likely than men to work part-time, employment conditions, including pension scheme terms, that treat part-time staff less favourably may amount to discrimination against women. The second concerns measures directed specifically at safeguarding part-time workers. Equal treatment legislation Provisions intended to guarantee equality for men and women in relation to pension schemes have a long history. The current domestic position is contained in section 67 of the Equality Act 2010 ( Eq A 2010), which...

Practice Note This Practice Note includes references to case law from the Court of Justice of the European Union ( CJEU). For guidance on whether EU judgments are binding on UK courts, consult Practice Note: Assimilated law — Assimilated case law. Please note that, while UK measures implementing directives form part of domestic law, the directives themselves are not. For further detail, see Practice Note: Assimilated law. A significant proportion of the leading authorities on discrimination and part-time workers centred on sex discrimination, reflecting that most part-time roles were held by women. Accordingly, claims could be framed as indirect sex discrimination even in the absence of specific protection for part-time workers. These cases are considered in the Practice Note: Sex discrimination for pension lawyers. This Practice Note examines the principal decisions in which the courts have dealt with claims relating...

Alongside the more familiar company voluntary arrangements ( CVAs) and individual voluntary arrangements ( IVAs), insolvency law allows insolvent general partnerships to propose compromise terms to their creditors. Such arrangements are called partnership voluntary arrangements ( PVAs). When considering any proposal of this kind, partners should remember that they remain fully and personally responsible for all partnership liabilities. Accordingly, in the vast majority of cases it is prudent for each partner to put forward an IVA as well, in order to ensure their own position is comprehensively safeguarded. Applicable legislation Part II of the Insolvent Partnership Order 1994 ( SI 1994/2421) ( IPO 1994), as modified by the Insolvent Partnership ( Amendment) ( No 2) Order 2002 ( SI 2002/2708), applies the CVA regime in Part I of the Insolvency Act 1986 ( IA 1986) to insolvent partnerships via a PVA ( IA 1986, s 420). The IPO...

Key elements Routine, scheduled exchange on matters of mutual interest and concern relationships with other parts of the wider organisation challenges currently confronting the organisation stakeholder oversight and stewardship compliance risks Clear alignment on the legal department’s business plan securing buy-in (or understanding resistance) from Finance before the budgeting round gaining broad backing for resource allocations and consistent use by the business obtaining active support for legal awareness initiatives Targeted legal assistance for Finance ...

This Practice Note sets out what partnering means, its core characteristics and why this route can benefit a construction scheme. It further reviews the principal standard partnering contracts and the matters parties should weigh when deciding whether to choose this route. What is partnering? In the 1990s, the Latham and Egan reports exposed the inefficiencies arising from adversarial relationships in the UK construction sector and promoted longer-term alliances to lift performance and cut costs. Consequently, partnering evolved. Partnering is not a procurement method in its own right. Rather, it frames behaviour and processes around procurement and delivery. The expression describes the stance the parties adopt towards procurement and the way they collaborate to deliver and complete projects. In essence, it concerns how parties organise procurement and jointly steer projects to completion. It places strong emphasis on structured collaboration and on driving continuous...

This Practice Note examines the principal terms used in the Immigration Rules for partner applications made under Part 8 and Appendix FM, namely: prohibited degree of relationship present and settled intention to live together permanently in the UK have met in person genuine and subsisting relationship any previous relationship must have broken down permanently The Practice Note concentrates on matters more commonly encountered by the business practitioner. It does not address: validity and recognition of marriages/civil partnerships recognition of overseas divorces/civil partnership dissolutions forced marriages polygamous marriages Comprehensive Home Office guidance on those topics is available within the relevant Home Office guidance materials. For detailed analysis of these matters and the pertinent case law, see Marriage and civil partnership issues concerning validity and recognition: Macdonald’s Immigration Law Practice [11.23]–[11.38] in the further reading...

This Practice Note This Practice Note offers a summary of the categories of parties that may take part in litigation in England and Wales, whether as claimants or defendants, together with the principal procedural matters and practical points their legal advisers should consider. It outlines who may sue or be sued and the implications for case management and strategy. Corporations Partnerships Sole traders Unincorporated associations Children Insolvent individuals or companies Groups The estate of a deceased party Litigants in person It is crucial that party status aligns with the issues to be determined. In Haque (representative/member of Muttahida Quami Movement Pakistan unincorporated association) v Hussain, the defendants were sued as trustees but advanced a defence which the court held could be pursued only in their capacity as members of an...