Legal Practice Notes

The Companies Act 2006 ( CA 2006) Under the Companies Act 2006 ( CA 2006), credit dealings made for the benefit of directors, individuals connected to them, and any related arrangements must be sanctioned by a company’s members. As such dealings involve directors (or their connected persons), they are viewed as particularly prone to abuse, which is why approval is mandated. How these statutory approval requirements align with the codified general duties of directors is addressed in Practice Note: Directors’ duties—scope, nature, interpretation and application. Among those general duties is a requirement for a director to declare to the other directors any interest, whether direct or indirect, in a proposed transaction or arrangement with the company of which they are a director, and to specify the nature and extent of that interest......

They are generally unpaid and not career trustees, serving on a voluntary basis. Although many may often have limited pensions knowledge, they are widely regarded as bringing valuable diversity, fresh perspectives and insight into member needs to the trustee board, thereby strengthening overall governance effectiveness. As master trusts expand and smaller private sector schemes decline, the traditional role of MNTs/ MNDs is shifting, loosening the direct connection between members and their schemes. To capture and reflect the member voice in decision-making, trustee boards are increasingly turning to other mechanisms, including statutory consultations and member panels. Statutory requirements Trustee boards must establish and implement arrangements that ensure at least one-third of the overall trustee body comprises member-nominated trustees ( MNTs) or, where there is a corporate trustee, member-nominated directors ( MNDs). These requirements apply to occupational pension schemes (as defined by the Pension Schemes Act 1993, s 1)...

Voting by a member To approve a shareholder resolution, members must be asked to vote at a general meeting or, for a private company, by written resolution (see Practice Note: Member resolutions). The process for private companies to pass written resolutions is not dealt with in this note; see Practice Note: Written resolutions. This note concerns voting by a member, rather than voting by proxies or corporate representatives. For further guidance, see Practice Notes: Appointing a proxy, Voting by proxy and Corporate representatives. Resolutions are usually determined on a show of hands or by a poll. A company may choose to put all resolutions at a meeting to a poll as a matter of course, or decide that only particular resolutions will be polled. In specified circumstances, members may require that the poll procedure is used. See also — Voting on a poll and —...

The Companies Act 2006 ( CA 2006) The Companies Act 2006 ( CA 2006) contains detailed provisions requiring that quasi‑loans made to directors, persons connected to directors, and related arrangements receive approval from the company’s members before they can proceed. Such consent is demanded because these dealings involve directors (or their connected persons) and, by their very nature, are regarded as particularly susceptible to abuse. The linkage between the statutory approval regime governing such transactions and the general duties of directors set out in statute is considered in Practice Note: Directors' duties—scope, nature, interpretation and application. One of those general duties is the obligation on a director to disclose to the other directors any interest they have, whether direct or indirect, in a proposed transaction or arrangement with the company of which they are a director, together with the nature and extent of that...

This how to guide This how to guide gives a concise overview, with links to further materials, of the steps to obtain members’ approval for specified dealings with directors or persons connected to directors, such as long-term service agreements, substantial property dealings, loans and other credit arrangements, and payments for loss of office. Part 10, Chapter 4 of the Companies Act 2006 ( CA 2006) prescribes when certain arrangements between a company and its directors or their connected persons must be approved by the company’s members. This guide does not detail each category of transaction that needs member consent; instead, it focuses on the common approval pathway to follow whenever such a transaction arises. For guidance on identifying or determining the substance of a relevant transaction, see the following Practice Notes and related links: Loans to directors, connected persons and related...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For advice on how the Act affects residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note examines the minimum energy efficiency standards ( MEES) for domestic private rented property ( DPR) set out in the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. Its emphasis is the bar on granting, or continuing, tenancies of domestic private rented homes that fall below the required standard. It forms part of our suite of Practice Notes on MEES. For context and a summary of how MEES evolved, see Practice Note: Minimum energy efficiency standards ( MEES) in the private rented sector—snapshot......

This Practice Note summarises the minimum energy efficiency standards ( MEES) for the private rented sector arising from the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. It sets out how the rules operate for both non-domestic and domestic private rented properties, and points to guidance, strategy, policy and consultations concerning the bar on letting substandard domestic and non-domestic private rented property... Minimum energy efficiency standards ( MEES)—background Legislation The UK has put in place several statutory targets on energy efficiency and carbon reduction, including the obligation in section 1 of the Climate Change Act 2008 ( CCA 2008), as amended by the Climate Change Act 2008 (2050 Target Amendment) Order 2019, SI 2019/1056, to reduce carbon levels by at least 100% from 1990 levels by 2050 (capturing greenhouse gas emissions from...

This Practice Note outlines the effect on both landlords and tenants of non-domestic private rented ( NDPR) property of the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962, together with the exclusions and exemptions relevant to NDPR property. It forms part of our series of Practice Notes on minimum energy efficiency standards ( MEES). MEES Regs 2015, SI 2015/962, reg 27 (prohibition on letting substandard NDPR property) Under reg 27, a landlord must not let substandard NDPR property unless: 'relevant energy efficiency improvements' are undertaken ( MEES Regs 2015, SI 2015/962 reg 29), or one of the exemptions in MEES Regs 2015, SI 2015/962 chapter 4 (consent, devaluation or temporary exemptions) apply An exemption must be registered on the national PRS Exemptions Register ( PRS Exemptions Register) before it can be relied on. The...

This Practice Note outlines how the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962, affect both landlords and tenants of non-domestic private rented ( NDPR) property. It explores the interface between the MEES Regs 2015, SI 2015/962 and the Landlord and Tenant Act 1954 ( LTA 1954), considers challenges for landlords and tenants when subletting NDPR premises that are substandard, examines points arising for a landlord with a consent exemption on assignment, highlights due diligence considerations, and flags issues in real estate finance transactions where the asset is substandard (that is, holds an energy performance certificate ( EPC) rating of ‘ F’ or ‘ G’). It forms part of our Practical Notes series on minimum energy efficiency standards ( MEES). Under MEES Regs 2015, SI 2015/962, reg 27, a landlord must not let...

This Practice Note examines the implications for landlords and tenants of non-domestic private rented ( NDPR) property arising from the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. It reviews matters to consider in relation to minimum energy efficiency standards ( MEES) under existing leases, and evaluates how MEES shapes new commercial lease negotiations on service charge, tenant alterations, statutory compliance, yielding up, rent review, the landlord’s right of entry, and controls on a tenant’s ability to carry out works affecting a property’s energy performance certificate ( EPC) rating. It forms part of our series of Practice Notes on MEES. Under MEES Regs 2015, reg 27, a landlord must not let, or continue to let, substandard NDPR premises (those with an EPC rating of ‘ F’ or ‘ G’) unless: ‘relevant energy...

Meditech scenario on database right and database copyright This training scenario sits alongside Precedent: Rights in databases—training materials, as companion guidance. It is intended to support newcomers in applying what they have learnt, and in developing a fuller, more confident understanding of the topic. Background facts: Meditech delivered a health screening service to Custech through an internet-based analysis and reporting platform. A medical device captured a patient’s reading, and those readings were stored as patient data for later reference. The patient data were then entered into the platform using a web-based processing system, and subsequently reviewed by a qualified professional who chose from a range of menu options. These menus corresponded to variables held within a database system within the platform. The database comprised a series of classifications of relevant physical characteristics, such as resting heart rate, as recorded by the device. For each...

This Practice Note summarises the ( MMDA 2021). In short, it establishes a Commissioner for Patient Safety for matters concerning human medicines and medical devices, enables post-implementation updates to UK regulatory frameworks for medicines and devices, consolidates device enforcement, and permits information-sharing on devices. It sets out the legal context and objectives of MMDA 2021, charts its legislative progress, and reviews the principal provisions on human medicines, clinical trials and medical devices: Background and purposes of the Overview of the Part 2— Human medicines Part 4— Medical devices Timeline of legislative procedure and commencement This Practice Note does not detail the stages of secondary legislation made under MMDA 2021. For further analysis, see News Analysis: Analysing the . For notable secondary legislative developments under MMDA 2021, see Practice Note: Life sciences tracker— UK. Background and purposes of the A...

This Practice Note outlines the law on marketing authorisations ( MAs) for medicinal products intended for the UK market following the close of the Brexit transition period (11 pm ( GMT) on 31 December 2020, termed in UK law ‘ IP completion day’). It covers: exemptions from the need to hold an MA (eg ‘specials’, investigational medicinal products ( IMPs), and the Early Access to Medicines Scheme ( EAMS)) the various categories of MA the licensing pathways to secure an MA in the UK, Great Britain ( GB), or Northern Ireland ( NI) (eg Northern Ireland Medicines and Healthcare products Regulatory Agency ( MHRA) Authorised Route ( NIMAR), Innovative Licensing and Access Pathway ( ILAP), unfettered access, the 150‑day accelerated national procedure, rolling review, the reliance routes on EU authorisations now integrated into the...

This Practice Note outlines and explores the overarching principles that govern the advertising and promotion of medicinal products, together with the associated rules on how the pharmaceutical industry engages with healthcare professionals ( HCPs). Introduction to the advertising and promotion of medicinal products To safeguard public health, the advertising and promotion of medicinal products is subject to strict regulation and close oversight. The general rules for advertising and promoting medicinal products are: it is forbidden to advertise any medicinal product that does not hold a marketing authorisation ( MA) promotion of an authorised medicinal product must align with the particulars in the summary of product characteristics ( Sm PC) linked to the MA promotion of authorised medicinal products must not mislead and should foster the rational use of the product, presenting information objectively and without overstating its...

This Practice Note outlines the various asbestos types, ways in which exposure occurs, and the principal asbestos-related illnesses. It also examines advances in therapies, including immunotherapy for mesothelioma, the potential to recover the expense of such interventions, and the deployment of periodical payments orders. Further, it supplies practical guidance on securing medical evidence. For those pursuing personal injury actions for claimants who have developed disease from asbestos exposure, a clear understanding of the material and the severe, often terminal, conditions suffered by the exposed is indispensable. Types of asbestos Asbestos is a collective label for six naturally occurring silicate minerals made up of long, slender, fibrous crystals. During the 1970s and 1980s it was mined on a large scale in numerous countries worldwide, with Canada and South Africa as leading producers. In its different forms, asbestos was widely employed across industry and...

Practice Note This Practice Note outlines how mediation operates in IP disputes, highlighting core practical points and the documents commonly employed. an overview of mediation which disputes are suitable for mediation the appropriate timing for mediation selecting a mediator what a mediation agreement should contain key documentation preparing and planning for mediation how the session is run settlement and costs It also considers the mediation service provided by the UK Intellectual Property Office ( IPO). Mediation is a voluntary, confidential process through which two or more parties seek to reach a negotiated resolution of a dispute. The parties undertake it with the assistance of an impartial third party (the mediator) who facilitates progress towards agreement. There is nothing distinctive about mediating an IP dispute when compared with other disputes. The way any mediation is...

What kind of disputes are suited to mediation? Construction projects commonly give rise to a broad array of disagreements that are well suited to mediation: Money-related disputes, such as non-payment of sums thought to be due, or arguments about the valuation of additional work undertaken. Issues concerning entitlement to time, where the contractor believes it should have extra time to carry out the works, but the employer or contract administrator does not agree. Defects in the building work. For more detail on disputes about defects, see Practice Note: Defects claims in construction. In most building contracts, a contract administrator is appointed to manage the contract, including certifying whether the works are in delay, when the works are deemed practically complete, and when defects arising during the defect liability period have been remedied. Disagreements frequently arise over whether the contract administrator’s certification is correct......

Are you ready to mediate Consider: Do you know enough about your own case and the other side’s position? Are the scope and shape of the dispute clear? Do you hold all pertinent documents and proof? Is this the right moment to mediate? Too soon and the boundaries of the dispute are unlikely to be defined. Too late and attitudes may have hardened. Is your client prepared to take part in the mediation? Is the other party prepared to engage? The court can require mediation. Mediation, a widely used form of alternative dispute resolution ( ADR), continues to be promoted by the courts: Under the overriding objective in the CPR, the court must encourage parties to use ADR The courts now have a specific power to direct ADR under the CPR ADR must be considered by parties under the...

Practice Note This Practice Note outlines the framework governing media attendance at family proceedings and the constraints on such access under the Family Procedure Rules 2010 ( FPR 2010), notably FPR 2010, PD 27B, alongside FPR 2010, SI 2010/2955, 27.11. It reviews applications that can be brought concerning admission and reporting in family cases. It identifies the categories of family proceedings still excluded from the media access regime. Transparency across the family courts has been the subject of an extensive review. For contextual background, see Practice Note: Introduction to transparency in the family courts. From 27 January 2025, open reporting provisions operate in all family courts in England and Wales. For information on the transparency reporting pilot in the Family Court, refer to Practice Note: Transparency reporting pilot in the Family Court for further details......

This Practice Note examines the importance and impact of gauging the quality of in-house legal teams. It outlines common pitfalls and shares practical lessons drawn from introducing such measures into the business. In the past, lawyers might have felt that showing their ‘value’ to the organisation was not something they needed to do, yet it is now widely recognised that employing assessment frameworks within the legal team is inevitable. Metrics enable Chief Legal Officers ( CLOs) to review and enhance the performance of their legal teams and, ultimately, manage them more effectively. Why build and use metrics? In today’s commercial environment, performance efficiency is paramount. Metrics provide CLOs with tools to: assess and improve lawyers’ performance clearly evidence the department’s value to the business usher in change reduce costs For example, measurement and matter tracking can uncover areas where a legal team is repeatedly asked the same questions by the wider...