Legal Practice Notes

Operations management qualities and behaviours for success The core capabilities for a service operations approach include: reliability and consistent performance, even when under pressure responsiveness—staying alert and replying to customers in a friendly way overall competence—possessing professional knowledge and practical know‑how to give the right advice access—demonstrating openness and an approachable manner courtesy—recognising how customers expect to be treated and engaging with them politely communication—reading verbal and non‑verbal cues and responding clearly, whether spoken or in writing credibility—building confidence in the customer’s mind that you represent the organisation understanding the customer—generally recognising their needs Leadership implications Operational improvement can go wrong in many ways. Common problems include: risk aversion or complacency rigid or parochial organisational structures and entrenched ‘silo’ mentalities one‑size‑fits‑all approaches that ignore locally specific issues unclear roles and...

Environmental insurance helps control environmental risk, supporting active businesses as well as numerous transactions and development schemes. For general guidance on environmental insurance, refer to the following Practice Notes: Environmental insurance—when is it needed? Environmental insurance—extent of coverage Environmental insurance—types Environmental insurance—advantages and disadvantages Gaps in public liability policies Conventional cover, including public liability policies, fails to give businesses sufficient protection against environmental liabilities. Reasons include: protection generally applies only to ‘sudden and accidental’ releases permitted discharges are not treated as ‘accidental’ wear-and-tear is not viewed as ‘sudden’—even where the pollution event occurs abruptly while some liabilities under the Environmental Damage ( Prevention and Remediation) ( England) Regulations 2015, SI 2015/810 ( EDR England) and the Environmental Damage ( Prevention and Remediation) ( Wales) Regulations 2009, SI 2009/995 ( EDR Wales) might be insured,...

What effect does insolvency have on the operation of a lease? This Practice Note explores how insolvency influences the day-to-day operation of a lease and addresses the principal concerns that commonly emerge when an insolvency practitioner ( IP) becomes involved in the landlord and tenant relationship for commercial premises... Types of insolvency process The relevant insolvency procedure is determined by the tenant’s location (for a corporate entity, its registered office), rather than the situs of the leased property. For the purposes of this Practice Note, it is assumed that the landlord and tenant are both based in Scotland and that Scots law governs the lease. The main formal insolvency procedures in Scotland are summarised below... Corporate Administration Administration offers a framework designed to enable the rescue of an insolvent company. An administrator is appointed and, while the company remains in existence, it acts through that...

The Non-resident Landlords Scheme ( NRL Scheme) Under the Non-resident Landlords Scheme, income tax at the basic rate must be withheld from rental payments due to non-resident landlords from a UK property business and remitted to HMRC. The NRL Scheme is generally operated by: letting agents (irrespective of the rent level); or where there is no letting agent, tenants who: pay more than £100 per week (or £5,200 per year); or, where occupation is for under one year, a proportionate sum determined by the duration of occupation; or or those notified by HMRC that they must operate the NRL Scheme. HMRC issues detailed guidance for letting agents and tenants on how the NRL Scheme should be run and their...

Pursuant to article 36H of the Financial Services and Markets Act 2000 ( Regulated Activities) Order 2001, SI 2001/544 ( RAO), running an electronic platform connected to lending in the UK and related arrangements, when undertaken by way of business, generally amounts to a regulated activity. This Practice Note explores the boundaries and reach of that regime, covering the core components of operating such lending systems, the requirements applying to firms authorised to conduct it, and the principal exclusions from the scope as applicable. Regulated activities—general Section 19(1) of the Financial Services and Markets Act 2000 ( FSMA 2000) sets a general ban on performing regulated activities in the UK unless the individual or entity is authorised or exempt. Under FSMA 2000, s 22, an activity only counts as a regulated activity if it is carried on 'by way of...

The label 'legal business person' admits multiple interpretations and resists a single, fixed definition. This Practice Note looks at: how we define a 'legal business person' in context why operating in this manner is vital how this approach can enhance your career the ways lawyers build genuine commercial awareness Some headhunters regard lawyers as sitting on a company’s fringes, yet that view jars with how most in-house counsel see their role, and it fails to capture the reality of their day-to-day position. In-house lawyers are embedded at the centre of the enterprise, orchestrating relationships and information flows day to day, and acting as 'legal business people'. They manage and leverage networks of colleagues and the circulation of information around them. What do we mean by 'legal business person'? In-house lawyers often fall into two clear groups: those who practise for the love of the law and its...

Operating leases Under FRS 102 ( The Financial Reporting Standard applicable in the UK and Republic of Ireland), a lease is regarded as an operating lease where it does not pass substantially all risks and rewards incidental to ownership of the underlying asset to the lessee during the arrangement. A pure operating lease gives the lessee the right to use an asset for the lease term in exchange for rent paid to the lessor during that period. When the term ends, the lessee must hand the asset back to the lessor and holds no continuing legal or economic stake in its residual value thereafter. For an operating lease, exposure to asset or equipment risk sits with the lessor, not the lessee, for the duration of the lease term, which is typically for a period of less than ten years throughout the...

This Practice Note serves as a practical ‘how to’ for incorporating open source software within your organisation, outlining the potential implications that may arise from its use. It summarises what open source software is, how it can be deployed, and the conditions attached to its use. It also addresses further legal factors businesses ought to weigh when opting to use open source software. The guidance is written from the standpoint of a business intending to adopt existing open source solutions. For further information on open source software, see the following Practice Notes: Free and open source software Free and open source software—strategy and policy Free and open source software—audits Free and open source software—public sector GNU General Public License ( GPL) 2.0—commentary What is open source software? In broad terms, open source software refers to software: that is supplied under a licence permitting the user to use, adapt and/or share the...

This Practice Note provides an overview of how to make an open offer in CREST. It outlines the method for making an open offer through CREST. It does not introduce CREST or uncertificated securities, nor does it give hands‑on guidance on transferring shares within CREST. For those subjects, and a primer on the key terms, see Practice Note: CREST and uncertificated shares—an introduction. For a summary of how other shareholder and corporate actions are carried out in CREST, see Practice Note: CREST—shareholder and general corporate actions. For the steps involved in conducting a rights issue via CREST, see Practice Note: CREST—rights issues. For how to accept a takeover offer using CREST, see Practice Note: CREST—takeover offers. The wider mechanics for making an open offer generally fall outside the remit of this Practice Note. Here, we address only the aspects that differ, or merit...

STOP PRESS Major updates to the UK prospectus framework took effect on 19 January 2026. The fresh regime for public offers of securities and for admissions to trading in the UK is primarily housed in the Public Offers and Admissions to Trading Regulations 2024, SI 2024/105 (the POATRs), together with the FCA sourcebook, The Prospectus Rules: Admission to Trading on a Regulated Market ( PRM). The UK Prospectus Regulation and the FCA Prospectus Regulation Rules have been revoked in the UK. The package aims to streamline capital raising and to markedly cut the instances where an issuer must produce an FCA approved prospectus when making a further share issue. For comprehensive details of the reforms, see Practice Note: UK prospectus regime reform. Note that this Practice Note describes the prospectus regime that applied before 19 January 2026......

This Practice Note is authored by Anne Redston, Barrister. It reflects her personal perspective; she is not authorised to speak for the Tribunals Service or the judiciary. This has long been important, as people seek to shield their financial affairs from public scrutiny. This Practice Note considers: whether hearings may take place in private whether the final decision can be anonymised, and whether documents or information connected to the hearing can be anonymised It addresses the position in the First-tier Tax Tribunal ( FTT) and the Upper Tribunal ( UT). This summary does not cover every circumstance, and you may need further advice for your client’s situation. It does not extend to appeals or reviews of decisions by Revenue Scotland concerning any Scottish devolved taxes within the jurisdiction of the First-tier Tribunal for Scotland ( Tax Chamber). For details, see Practice Note: Appealing a Revenue Scotland...

Local authorities This Practice Note identifies which local authorities may authorise and regulate on-street parking, stressing that the competence is confined to roads and requires the consent of the highway authority or any other person charged with maintaining the road. It also sets out how councils can impose charges for designated on-street parking places, including through parking meters and other parking devices. At common law, leaving a vehicle on a highway constitutes an obstruction of the public right of passage, yet stopping has always been permitted for loading and unloading, and (for reasonable periods) during meal breaks or where there is mechanical breakdown. In any case, it is arguably not a genuine obstruction (ie not a nuisance at common law) if there is ample space for traffic to pass the parked vehicle. The Road Traffic Regulation Acts addressed this by authorising certain local...

For additional hands-on guidance on key legal matters in the wind sector, also consult the textbook Wind: Projects and Transactions. What is onshore wind? Onshore wind describes turbines sited on land. These machines convert the kinetic energy of moving air (wind) into electrical power. In essence, they turn wind energy into electrical generation. The configuration and height of each turbine influence output. Wind turbines components Turbines use blades that spin about a hub linked to the nacelle at the top of a steel tower, high above the ground. Most feature three blades rotating about a horizontal axis. Two‑bladed variants exist, generally at smaller scale. Horizontal‑axis machines account for most of the sector; they extract more electricity from a given wind resource, though they are less effective in turbulent conditions that can reduce performance. Figure 1—an example of horizontal‑axis turbines (source: WSP)....

Introduction Wind energy has been pivotal in driving the shift in generation from fossil fuels to renewables. Among renewable technologies, onshore wind is generally inexpensive and its costs have fallen sharply over the last decade; a recent International Renewable Energy Agency ( IRENA) analysis indicates the levelised cost of onshore wind power dropped by 69% between 2010 and 2022. In contrast with offshore turbines, which contend with stronger winds and need underwater installation and maintenance, onshore turbines are regarded as relatively low-tech and straightforward to set up. As a result, onshore wind is among the most widely deployed renewable options, supported by a mature global market that in 2023 surpassed 940 GW of capacity across developed and developing nations on five continents. By comparison, offshore wind — with just 72 GW across three continents — is far smaller than the more advanced onshore...

National Planning Policy Framework ( NPPF) Under the NPPF, local planning authorities are urged to frame policies that optimise renewable and low carbon energy schemes, while satisfactorily tackling adverse effects, including cumulative landscape and visual impacts. Where proposals would otherwise be unacceptable, planning conditions and obligations can secure acceptability. Conditions should only be attached when they are: necessary; relevant to planning and to the development to be permitted; enforceable; precise; and reasonable in all other respects. Planning obligations are governed by the 'reasonableness tests' in the Community Infrastructure Levy Regulations. See Practice Note: Planning conditions—key points. The former Department of Energy and Climate Change ( DECC) issued sample conditions for wind energy developments. The National Policy Statement for Renewable Energy Infrastructure (the Renewables NPS) also offers guidance on various forms of mitigation for onshore wind farm impacts. However, determining authorities should tailor these, where appropriate, to the particular...

Oil & Gas— Onshore licensing regime Regulatory body Historically, oversight of the UK’s oil and gas resources rested mainly with the Department of Energy and Climate Change ( DECC), acting for the Secretary of State ( So S). Acting on Sir Ian Wood’s recommendations in his review of oil and gas recovery on the UK Continental Shelf ( UKCS) (the Wood Review), the Government created a new independent regulator, the North Sea Transition Authority ( NSTA) (formerly the Oil and Gas Authority), to assume DECC’s regulatory and licensing roles for all oil and gas exploration and production across the United Kingdom and the UKCS, covering applicable exploration and production operations throughout those areas, as announced by Government. On 14 July 2016, it was confirmed that DECC would be amalgamated with the Department for Business, Innovation and Skills, forming the Department for Business, Energy and...

Introduction This Practice Note addresses environmental compliance for onshore infrastructure schemes in England and Wales. The field is intricate, encompassing multiple strands of regulation, from obligations to undertake environmental assessment and matters linked to site preparation, to requirements for environmental permits, licences and consents, initiatives to prevent pollution, protection of nature and biodiversity, pollution management, chemicals, energy efficiency and emissions. What is required will differ according to the project type, its siting, the scale involved and the environmental sensitivity of the locality. Further legal frameworks must be observed that fall outside this Practice Note, for example planning rules must be adhered to and the relevant building controls, design criteria and safety standards must be met, together with applicable health and safety law, highways and utilities obligations, and landowner or other third-party rights as well as compliance duties elsewhere......

This Practice Note offers guidance on reading and applying the relevant CPR provisions. Depending on the court handling your case, you may need to consider further requirements—see below. It describes how to seek an interim injunction and outlines the core procedural steps that apply to all applications made on notice, that is, where the respondent is warned in advance of the hearing. For how this basic route is adapted for without notice applications or for particular categories of interim orders, see the following Practice Notes: Interim injunctions—without notice applications Freezing injunctions—the application Proprietary freezing injunctions Search and imaging orders—making the application Be aware that special issues arise where relief is sought against persons unknown—see Practice Note: Injunctions against persons unknown. For broader help on applications, see Practice Note: How to make an application for a court order ( CPR 23). 6 April 2025...

From 1 January 2026, the Commercial Court and the London Commercial Court are running a pilot under CPR PD 51ZH, under which materials used at public hearings (including witness statements and skeleton arguments and similar hearing materials) will, by default, be available to members of the public. Practitioners issuing applications in these courts should promptly acquaint themselves with the pilot and ensure that suitable measures are taken to safeguard their clients when drafting affected documents and materials prepared for hearings. For further guidance, see Practice Note: Non-party access to court documents and information in civil proceedings. Applications in the Commercial Courts If your case proceeds in the Commercial Court, the provisions of the Commercial Court Guide govern any application you bring. If you are in one of the Circuit Commercial Courts, the Commercial Court Guide applies as adapted by the Circuit Commercial Court Guide (...

This Practice Note charts the main milestones in the Online Safety Bill’s ( OSB) progress, covering amendments during its passage through Parliament, consultations, connected guidance and official updates. The OSB was enacted as the Online Safety Act 2023 ( OSA 2023) on 26 October 2023, with certain provisions commencing that day. For developments on OSA 2023 following Royal Assent, see Practice Note: Online Safety Act 2023—tracker. For general background on OSA 2023, see Practice Note: The Online Safety Act 2023. Tracking developments 26 October 2023 – UK Parliament releases the complete text of OSA 2023. Parliament has made the full Act available. 26 October 2023 – OSA 2023 gains Royal Assent. See: LNB News 26/10/2023 74. 19 September 2023 – OSB clears its final parliamentary stage. Having concluded its final debate, it was set to become law on receiving Royal Assent, after which...