Legal Practice Notes

This Practice Note sets out the Civil Procedure Rules 1998 ( CPR), SI 1998/3132, Part 36 offers made in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996). It addresses: the requirements and timing of a Part 36 offer withdrawing or amending an offer the costs consequences of Part 36 What is a Part 36 offer? A Part 36 offer is a proposal to resolve a claim, counterclaim or other additional claim (including any distinct part or issue), as well as an appeal or cross-appeal from a decision made at trial. When made in accordance with CPR Part 36, it carries specified costs consequences on acceptance. If it is not accepted, costs consequences may still follow, depending on the final outcome of the proceedings. Although either party may rely on a ‘without...

ARCHIVED: This Practice Note is archived and not maintained. It outlines how the April 2015 re-write of CPR 36 impacts the acceptance and disclosure of Part 36 offers in split trial cases. It forms part of a series produced for the joint Lexis Nexis and St Philips Commercial seminars on the CPR 36 revisions held in Leeds, Birmingham and London in January 2015. To access all materials and the recorded London Part 36 event, please visit our Lexis Nexis Dispute Resolution blog and sign-up. For other Practice Notes in this revised CPR 36 series, see the related content links on the right. The new split trial provisions The rules had not previously addressed the interaction between Part 36 and split trials. Here we consider how the new CPR 36 provisions work in practice. Split trials are covered in: CPR 36.3:...

This Practice Note This Practice Note sets out rules in force from 6 April 2015 for matters progressed under the Pre- Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents ( RTA Protocol) or the Pre- Action Protocol for Low Value Personal Injury ( Employers’ Liability and Public Liability) Claims ( EL/ PL Protocol), and from 7 May 2018 for claims under the Pre- Action Protocol for Resolution of Package Travel Claims ( Package Travel Protocol). The Civil Procedure Rules were revised on 1 October 2023 to widen the reach of fixed recoverable costs. Accordingly, Part 36 was updated to encompass fast track and intermediate track cases, and noise-induced hearing loss claims allocated to the fast track, with fixed costs applying where: the cause of action arises on or after 1 October 2023, or in disease claims, no letter of claim was...

The deal debriefs The deal debriefs outline key metrics for every Part 26A restructuring plan ( RP), including, among others: industry sector place of incorporation legal counsel involved the timeline the restructuring terms any third-party releases the classes formed any excluded creditors voting in each class governing law any challenges raised returns under the relevant alternative compared to under the RP any retention of equity by original shareholders whether cross class cramdown was used the ultimate result The debriefs span all RPs proposed from June 2020 (when the RP was first introduced under the Corporate Insolvency and Governance Act 2020) to date, irrespective of whether they were ultimately sanctioned or not. For a detailed analysis of key metrics from the RPs filed in 2024, together with commentary from leading figures in the...

Practical implications of a restructuring plan The Corporate Insolvency and Governance Act 2020 ( CIGA 2020) introduced a restructuring route enabling a company to bind all creditors or members through a cross-class cram down ( CCCD). This may include junior or senior classes that vote against the proposal, provided specified conditions are satisfied and dissenting classes are not placed in a worse position than under the relevant alternative. For more detail, see Practice Note: Cross- Class Cram Down under a Part 26A restructuring plan. Creditor classes are set by the plan proponent on a case-by-case basis. Approval requires at least 75% in value of a class to support the plan. For information on all RPs sanctioned to date, see Practice Note: Part 26A restructuring plan deal...

Part 26A restructuring plans ( RPs) Since 26 June 2020, companies have been able to use Part 26A restructuring plans ( RPs) (see Practice Notes: Part 26A restructuring plans: history, rationale and scope and Frequently asked questions ( FAQs) on the restructuring plan). This procedure is open to businesses of every size, including small to medium enterprises ( SMEs). Within the EU, SMEs are typically described as organisations with fewer than 250 employees and either turnover below €50m or a balance sheet total under €43m. Section 465 of the Companies Act 2006 provides a slightly different approach for medium enterprises: a company meets the qualifying conditions in a year if it fulfils two or more of the following thresholds: turnover not more than £54m balance sheet total not more than £27m number of employees not more than 250 For an in-depth review of key...

ARCHIVED —this archived case hub sets out the position as at the judgment dated 7 May 2021; it is no longer updated or maintained. See the timeline and related cases for detail and context. Case facts Outline Generics UK Limited v CMA (1251/1/12/16), Glaxo Smith Kline PLC v CMA (1252/1/12/16), Xellia Pharmaceuticals APS and Alpharma LLC v CMA (1253/1/12/16), Actavis UK Limited v CMA (1254/1/12/16) and Merck KGa A v CMA (1255/1/12/16) – all appeals before the CAT arising from the CMA’s decision of 12 February 2016 in Glaxo Smith Kline and others (paroxetine) ( CE/9531-11). Latest development On 10 May 2021, the CAT handed down a supplementary judgment which affirmed the CMA’s infringement finding, namely that: Generics ( UK) Limited and Alpharma were potential rivals of Glaxo Smith Kline PLC at the point they entered the settlement agreements; the settlement agreements were...

In short, section 34 of the Freedom of Information Act 2000 ( FIA 2000) creates an exemption from the ordinary section 1 obligations—the duties to confirm or deny whether information is held, and to disclose it—where doing so is necessary to prevent a breach of Parliamentary privilege. This is an absolute exemption, so the public interest test does not apply. A certificate issued by the appropriate authority—the Speaker for the Commons, or the Clerk of the Parliaments for the Lords—confirming that the exemption is, or at any time was, required to avoid infringing the privileges of either House of Parliament is conclusive evidence of that position. How does Parliamentary privilege relate to freedom of information? In addition to the protection provided by Article 9 of the Bill of Rights, which bars the questioning of proceedings in Parliament, Parliamentary privilege also safeguards each House’s...

In both corporate and personal insolvency, office-holders chiefly gather the company’s or individual’s assets, realise them and distribute the proceeds to creditors in accordance with the statutory waterfall. For more detail, consult the following Practice Notes: Waterfall of payments—a comparative guide Waterfall of payments in administration Waterfall of payments in liquidation Waterfall of payments in bankruptcy Waterfall of payments in administrative receivership Pari passu distribution Pari passu, a Latin term, translates as ‘with an equal step’ or ‘on equal footing’. In insolvency, it captures the principle of proportionality and is used to describe how creditors are treated relative to one another. Where claims rank ‘pari passu’, all creditors within the same class are paid alike, with no one preferred. If funds are insufficient to satisfy debts in full, distributions are made pro rata on a pari passu basis, so each receives a...

This Practice Note outlines the procedural steps for making an application under the Children Act 1989 ( Ch A 1989) to obtain parental responsibility for a child. It details the obligation to attend a family mediation information and assessment meeting unless an exemption applies, alongside the expectations of the pre-application protocol. It also identifies who should be named as respondents, the rules on service, and the matters the court will consider when determining the application... Pre-application Protocol: private law proceedings relating to children The Pre-application Protocol: private law proceedings relating to children (the protocol), annexed to FPR 2010, PD 12B, came into effect on 31 May 2024. It sets out the steps parties should take before issuing private law children proceedings, including attempting to resolve their disagreement through non-court dispute resolution ( NCDR) where this is safe and appropriate. It also directs parties to...

The aim of this note is to set out the principal areas in which parallel options are commonly useful, how they interact with other share incentive arrangements, HMRC’s acceptance of such plans and the practical considerations around implementation. The main application of parallel options is either to add tax efficiency to an unapproved share incentive arrangement or to address issues within existing arrangements such as underwater options. Practitioners should exercise particular care when putting in place parallel options that involve a tax-advantaged scheme such as an enterprise management incentives ( EMI) scheme or a company share option plan ( CSOP). The key points are highlighted below (together with HMRC’s published views). What are parallel options? Parallel options are employee share option arrangements that are linked to another employee share incentive scheme. They will typically be introduced either to enhance another share plan, eg deliver tax...

This Practice Note examines parallel loan agreements in PFI and PF2 projects. It explores the origins of these arrangements (stemming from the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996)) together with the purpose and key elements of the parallel loan agreement itself. Note that, in the 2018 Budget (delivered on 29 October 2018), the government announced it will no longer use PFI or PF2 for new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Existing PFI and PF2 projects will continue to operate as before. Background to parallel loan agreements To understand what a parallel loan agreement is, it is necessary to appreciate the legislative backdrop that produced them. The HGCRA 1996 applies to all ‘construction contracts’, as defined by the Act, and sets out a statutory framework that parties to a...

STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements launched on or after that date must proceed under PA 2023, while those begun pursuant to earlier legislation must continue to be procured and managed under that legislation. The earlier legislation comprises the following instruments: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 Please refer to the Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates specifically to the Procurement Act 2023 regime. This practical guidance addresses public procurement under the Procurement Act 2023 ( PA 2023). For practical guidance on public procurement under the previous legislation, see Practice Notes: Introduction to public contracts procurement, Introduction to concession contracts procurement and Introduction to utilities contracts...

Pandemics are extraordinary incidents that confront organisations with harsh trading conditions, ambiguity, and notably complex information and cybersecurity challenges. Office shutdowns and enforced social distancing during such outbreaks produce atypical business scenarios, including handling an exceptionally high proportion of employees working remotely, many doing so for the first time. Core information and cybersecurity threats to assess and address during a pandemic focus on: ongoing compliance with legal and regulatory obligations cybercrime maintaining the security of systems and devices staff awareness This Practice Note examines each category and proposes practical measures you can adopt to reduce exposure. Legal and regulatory requirements Robust risk management requires you to identify, monitor and control all material risks to your business. See Practice Note: How to identify and evaluate risk across the business. Information and cybersecurity constitute significant risks for every...

The extent of the restrictions imposed by regulators or government will largely shape the risks your organisation must address during any pandemic. These constraints could be ‘light touch’ or, as witnessed with COVID-19, a stringent stance involving the forced closure of many businesses, curbs on travel, and rigorous social distancing. This guide to risk management assumes a strict approach will be in place. Accordingly, you may need to adjust the suggested measures to fit the situation your organisation faces. Furthermore, this guide does not cover the exacting requirements that regulators may impose on PLCs, financial organisations, competition law, advertising, consumer credit, etc, nor specialist areas of legislation such as employment, taxation, insolvency, or corporate law. Regulation concerning the public sector, alongside corporate accounting and finance, also lies beyond the scope of this risk management guide. Why you need to manage this risk The biggest issue for all...

NOTE—to verify whether notification thresholds in Panama and throughout the world are satisfied, see further: Where to Notify. 1. Have there been any recent developments regarding the Panamanian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Panama? There have been no recent changes to the Panamanian merger control regime. Nonetheless, conversations about possible amendments remain ongoing, including the potential introduction of notification thresholds. Regarding ‘hot’ issues, the authorities appear particularly focused on sectors or markets that visibly affect a large base of consumers, for example the food industry. 2. Under Panamanian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority...

1. Have there been recent developments regarding Palestine’s merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Palestine? Yes. The key change is the issuance of Decree- Law No. (11) of 2025 on Competition, printed in the Official Gazette on 27 May 2025 ( Competition Law 2025). The statute became operative six months after publication (late 2025) and, for the first time, creates a compulsory merger control framework. Expected follow-on steps include: Implementing Regulations: the Council of Ministers is charged with adopting regulations necessary to carry out the law; and a transitional rectification period: establishments must remedy pre-existing breaches within six months from the law’s commencement. At present, no particular ‘hot topics’ have materialised, as the system is newly in force in Palestine. 2. Under Palestinian merger control law, is the control test the same as...

STOP PRESS : Be aware that on 26 March 2026, the inaugural Family Procedure Rules 2010 ( FPR 2010) Practice Direction ( PD) Update of 2026 was issued, altering FPR 2010, PD 27A. This Practice Note is currently being revised to take account of those revisions. See News Analysis: Family Procedure Rules 2010 Practice Direction Update No 1 of 2026. This Practice Note outlines the various page cap requirements for bundles and documents for financial remedy proceedings under the Family Procedure Rules 2010 ( FPR 2010), in particular FPR 2010, PD 27A, contrasting the position before and after the PD 27A amendments effective from 2 March 2026, for comparison. It also summarises the stipulations in the Financial remedies guide ( March 2026) ( FRG), which consolidated and absorbed the High Court judge level efficiency statement set out below (dated 11 January 2022) and the High Court...

ARCHIVED: This Practice Note has been archived and is not maintained The Regulatory Enforcement and Sanctions Act 2008 permits regulators to be granted powers to address offences using civil sanctions, including environmental enforcement undertakings, rather than commencing a criminal prosecution. The Environment Agency ( EA), Natural Resources Wales ( NRW) and Natural England ( NE) have authority to impose enforcement undertakings for a range of offences under the Producer Responsibility Obligations ( Packaging Waste) Regulations 2007 ( PRO( PW) R 2007), SI 2007/871. Note that on 1 January 2026, PRO( PW) R 2007, SI 2007/871 will be revoked and replaced by the Producer Responsibility Obligations ( Packaging and Packaging Waste) Regulations 2024, SI 2024/1332. An enforcement undertaking is a written commitment to take actions within a defined period: to ensure the offence does not continue or reoccur to restore the position, so far as possible, to what it would have...

Extended producer responsibility regime From 1 January 2026, the Producer Responsibility Obligations ( Packaging and Packaging Waste) Regulations 2024, SI 2024/1332—updated by the Producer Responsibility Obligations ( Packaging and Packaging Waste) ( Amendment) Regulations 2025—will repeal and supersede the producer duties set out in the Producer Responsibility Obligations ( Packaging Waste) Regulations 2007. The 2024 framework introduces the extended producer responsibility ( EPR) regime for packaging and packaging waste across England and Wales. Although the 2024 Regulations chiefly place duties on producers of packaging and packaging waste, they also affect both reprocessors and exporters, who help to verify results and underpin compliance throughout the packaging waste chain at every stage. In addition, reprocessors and exporters face specific regulatory requirements, including, for example, compulsory registration and the submission of data and information to support verification and compliance......