Legal Practice Notes

Practice Note This Practice Note sets out guidance for in-house solicitors on the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs within the SRA Standards and Regulations. The framework contains two distinct Codes of Conduct: one for individual solicitors and one for firms. Every solicitor, registered European lawyer ( REL), registered foreign lawyer ( RFL) and registered Swiss lawyer ( RSL) authorised by the SRA must adhere to the Code for Solicitors, irrespective of role, setting or working arrangement. There are no tailored provisions for in-house practice: the whole Code for Solicitors applies to in-house lawyers, except for a part engaged only when services are provided to the public, which in-house practitioners may deliver in limited circumstances (see below: When you are providing services to the public or a section of the public). This Practice Note describes how the Code for...

When taking up a new role as an in-house lawyer, there are certain fundamentals about your organisation that you need to know. Ideally, these essentials are set out for you at the outset, rather than picked up second-hand by observing others—consistency, after all, is preferable. In most organisations, induction meetings are routine and offered as a matter of course, and you will very likely be enrolled automatically on an induction programme that applies to you. If, however, no induction meetings are provided: arrange meetings with the relevant managers to discuss the core matters you need to understand when joining your organisation—see: Getting the most out of induction meetings—checklist for a checklist of areas to cover suggest to your line manager that you assist your organisation in creating an induction programme as an early task, so you can show at an early stage how you are adding value to your...

Practice Note For in-house legal teams working within tight budgets, the cost of legal support is a pivotal concern. At worst, pricing terms that are not carefully discussed or confirmed can trigger a total collapse in the solicitor–client relationship. This Practice Note sets out guidance on the range of fee arrangements and pricing models open to in-house teams when procuring legal services from a panel of law firms or alternative legal services providers. It addresses the purchase of legal services with a panel of law firms or other legal services suppliers, and negotiation of fee structures and models. It also outlines the value-add options sometimes included during fee negotiations as part of a procurement exercise, such as secondments and training. For a generic illustration of an invitation to tender ( ITT) see Precedent: Invitation to...

In-house lawyer—new to role Well done on landing your first in-house position! You’ve already made the big decision to pursue an in-house career, and you’ve chosen an employer you admire and a post that fits, so the next step is mapping out how you’ll create real impact and thrive. This Practice Note sits within the subtopic: In-house lawyer—new to role, designed to support you in swiftly becoming an effective and integrated part of your organisation at pace......

Designed for in-house legal teams, this risk management guide offers a practical checklist for tackling an organisation’s environmental risks and equips you with tools to track compliance with applicable laws... Managing environmental risk General counsel and in-house lawyers will weigh environmental risk to differing extents, largely shaped by the nature of the organisation and the drivers that require proof of compliance with environmental legislation. For instance, those seeking to obtain and retain ISO 14001 certification must be able to demonstrate legal conformity (refer to Practice Note: Environmental management—environmental legal registers), while others are directly subject to environmental rules to ensure their operations remain sustainable. At a time when stakeholders expect companies to evidence their environmental, social and governance ( ESG) commitments, managing environmental exposure will sit prominently on the agenda for in-house legal functions... This guide sets out: principal...

Overview of the sales and/or commercial department The sales or commercial function is usually the most customer-facing part of an organisation, acquiring new customers or leads within your organisation’s field, overseeing existing key accounts and spotting fresh opportunities, whether in other sectors or markets, or new ways to develop existing sectors or markets. As the primary driver of sales, they operate at the forefront of any organisation. Sales will work very closely with the marketing department to ensure the organisation’s product and service offerings are aimed at the right market for your business. They must also collaborate with the product development team so they know when any new products/services are due to launch and can keep both existing and prospective clients informed. The sales team are also best placed to relay direct feedback from customers to product development on any new or enhanced...

The leader as business partner This guide tackles the day-to-day realities of leading. If you have stepped into leadership for the first time, it offers practical pointers to help you begin. If you are already seasoned, you’ll find revitalising angles. The themes set out here present a down-to-earth perspective on leadership and on growing leaders, concentrating on the genuine challenges and possibilities they encounter. Created in collaboration with Cranfield School of Management. This section explores the task facing a leader in grasping the business landscape in which the organisation operates. Numerous well-established strategic analysis tools can support a leader in shaping their understanding of the organisation’s position and wider context. We will consider three. The first, SWOT analysis, provides a high-level picture of the business. The second, the value chain, reveals where processes add value in delivering for the customer. Finally, the cultural web offers...

How deeply in-house counsel engage with a lending deal depends on the scope of their remit and, to a significant degree, on how complex the deal is. In certain organisations, counsel act in a strictly 'advisory' capacity, setting relevant policies for business teams to implement; as a result, they are not embedded in the day-to-day running of a lending transaction, but will step in to handle ad hoc business queries and to address any deviation from policy as and when it arises. By contrast, in other organisations the in-house lawyer takes on a 'transactional support' role, under which they work alongside the business or commercial team and are actively involved in the daily conduct of the lending transaction; this involvement may range from providing purely legal support through to managing and executing the transaction itself. For more on the role of in-house...

This Practice Note explores the position concerning the diligence of inhibition in Scotland. For direction on: other types of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on a range of diligences available in Scotland the counterpart in England and Wales, see: Introduction to enforcement—overview which, as well as providing an overview of this area, links to more detailed guidance on various aspects of domestic enforcement in England and Wales cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners which, in addition to offering an overview of this topic, links to more detailed guidance on multiple aspects of cross-border enforcement In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, culminating in the Bankruptcy and Diligence ( Scotland) Act 2024, which...

Neither section 25 of the Matrimonial Causes Act 1973 ( MCA 1973) nor Schedule 5, Part 5 of the Civil Partnership Act 2004 ( CPA 2004) expressly directs the court to deal with inherited assets, or with the parties’ inheritance prospects, as a discrete issue. Even so, questions linked to inheritance are taken into account within the broader headings of the parties’ financial resources, their contributions to the welfare of the family, and ‘all the circumstances of the case’. See also Practice Note: Contributions of the parties. In White v White, Lord Nicholls elaborated the distinction between matrimonial and non‑matrimonial property, but observed that ‘in the ordinary course, [inherited assets] can be expected to carry little weight, if any, in a case where the claimant's financial needs cannot be met without recourse to this property’. Accordingly, in practical application, whether an asset is...

For comprehensive guidance on working out the exit charge both before and after the tenth anniversary of a relevant property trust, refer to Practice Note: Relevant property trusts—the exit charge. When trust assets stop being relevant property, they fall within the scope of inheritance tax ( IHT). This liability is referred to as either: the exit charge the proportionate charge To determine whether there has been an ‘exit’ that attracts an IHT charge, see: The exit charge—what constitutes an 'exit' subject to charge? Exit charge pro forma The following pro forma......

STOP PRESS On 11 May 2026, HMRC issued a new technical note, inheritance tax on pensions. It explains the inheritance tax ( IHT) changes made by the Finance Act 2026 for deaths on or after 6 April 2027. The note outlines how notional pension property will be pinpointed, assessed and apportioned to beneficiaries, who must report and settle any IHT due, how withholding notices and the pensions direct payment scheme will work, and how the reforms dovetail with existing income tax rules on pension death benefits. The government is expected to bring forward supporting secondary legislation on information-sharing duties later this year. HMRC will provide guidance, supplementary materials and interactive tools for personal representatives by April 2027. This Practice Note is being revised to incorporate the technical note. For more detail, see LNB News 11/05/20026 40. This Practice Note explains how IHT rules apply to the...

Procedural table grant of representation and of every Applicants Spouse or civil partner of the deceased Spouse or civil partner of the deceased — I( PFD) A 1975, s 1(1)(a). Former spouse or former civil partner who has not entered into a later marriage or civil partnership — I( PFD) A 1975, s 1(1)(b). Cohabitant who, for the entire two years immediately before death, lived in the same household as the deceased as if a spouse or civil partner — I( PFD) A 1975, ss 1(1)(ba), 1(1A). Child of the deceased — I( PFD) A 1975, s 1(1)(c). Anyone whom the deceased regarded as a child of the family — I( PFD) A 1975, s 1(d). Any other individual who, immediately before the deceased’s death, was being maintained by the deceased — I( PFD) A 1975, s...

Time limits An action under the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) should ordinarily be begun within six months of the date of a grant to the estate. Any application after that period may only proceed with the court’s permission. For guidance on time limits, see Practice Note: Family provision claims—preliminary issues— Time limits. Pre-action conduct There is no specific pre-action protocol for I( PFD) A 1975 claims, but both parties should have regard to the Practice Direction Pre- Action Conduct and Protocols. The court will expect the parties—bearing in mind the aims of placing them on an equal footing, saving expense, and proportionality—to observe that Practice Direction where appropriate and behave reasonably in exchanging information and documents relevant to the claim, and generally in attempting to avoid the need to issue proceedings. Conduct under the Practice...

The mix of participants on an infrastructure scheme hinges on the project type and the way it is procured and funded. Set out below is a typical party involved in such projects. Employer The employer is the party seeking delivery of the infrastructure asset and overseeing the procurement. Examples of employers include: government bodies commissioning roads, rail networks, pipelines, schools, prisons, hospitals or energy schemes private companies commissioning mining developments, oil and gas exploitation, energy schemes or processing plants Ordinarily, the employer prepares a project brief defining the asset’s required function and performance, then invites contractors to tender. Once a preferred bidder is chosen, the employer appoints a contractor (or several) to design and build the asset. The employer typically provides the finance and pays the contractor. Often—though not invariably—the employer also owns the site where the asset will be...

Global demand for public infrastructure is high at a moment when public finances are constrained and banks are less inclined to extend credit, prompting fresh and varied approaches to financing infrastructure development. The following provides a brief outline of the standard funding sources and models used for infrastructure projects. A comprehensive examination of the financial structures and products available for infrastructure funding falls outside the scope of this practice note. Factors influencing source of funding The source of finance for a particular infrastructure scheme will turn on: the procuring party or parties—is it a governmental authority, a private firm or a consortium? Do they have a solid track record? Are the parties or their sponsors investment grade? the procurer’s financial position—do they hold sufficient funds or must they raise external finance? the security package—if finance is required, which entities, assets and documents will form part of the...

This Practice Note reviews the key agreements typically used in an infrastructure project. The documents outlined below will not be applicable to every scheme—the project structure, procurement route, financing approach, and the nature of the project and its participants will dictate what is required. For further detail on the parties mentioned here, see Practice Note: Infrastructure projects—parties. Note that the party called the ‘employer’ in this Practice Note would, in a project finance-structured infrastructure project, usually be the ‘ Project Co’. Construction contract The construction contract is the arrangement between the employer and the contractor for the design (to varying degrees) and the construction of the infrastructure asset. Depending on the procurement route, there may be a single contract covering the entire project (for example, an EPC/ Turnkey contract) or several contracts with different contractors for separate work packages (as under EPCM...

Infrastructure procurement describes how a facility’s delivery is organised. This Practice Note concentrates on arranging the design, engineering and construction of a facility. For information on funding models, see Practice Note: Funding models for infrastructure. A variety of factors will shape the decision on the most suitable way to procure an infrastructure facility. Factors influencing the procurement method Factors significant when deciding on the form of procurement for an infrastructure project include: the nature of the infrastructure project—eg mining, road, port, energy project the project’s complexity—does it involve process technology or multiple facilities? who the owner is—eg a public body using PPP or a Regulated Asset Base ( RAB) model, or a private company experienced in managing works? how the project is funded—by public money, debt or private investment? Lenders may require a particular procurement route the allocation of risk between the parties—is single-point...

Infrastructure spans an extensive spectrum of assets, covering everything from schools, hospitals, highways and rail routes to wind power, electricity, waste and water schemes, as well as oil and gas installations, pipelines and processing facilities. Contractors are increasingly sharpening specialist skills and delivering infrastructure schemes across borders. Consequently, the construction contract forms in play are becoming more internationally standardised. Although infrastructure contracts share core clauses, no single template suits every scheme. Any template must be adapted to reflect the project’s particular issues and subject matter, the parties’ risk allocation, and to comply with the governing law of the contract and the project’s location. In some cases, a bespoke infrastructure construction contract is a better choice than a heavily amended standard form. Choice of contract The contract model adopted for an infrastructure build will depend on the: procurement of the works, for example: ...

The Infrastructure ( Wales) Act 2024 ( I( W) A 2024) introduces a single, coherent consenting route for particular infrastructure schemes in Wales and in Welsh waters. For any ‘significant infrastructure project’ ( SIP) that exceeds specified thresholds in defined sectors, developers must secure infrastructure consent through an infrastructure consent order ( ICO). An ICO is designed to wrap together the complete set of authorisations needed so that the development can proceed... Energy Transport Waste Water Gas Before I( W) A 2024: Developments of National Significance The Planning ( Wales) Act 2015 amended the Town and Country Planning Act 1990 ( TCPA 1990) to introduce ‘developments of national significance’ ( DNSs). This created an expedited route to planning permission, with applications sent straight to the Welsh Ministers, rather than considered by local planning authorities. The DNS process is administered by the Planning Inspectorate Wales ( PINS Wales) on the Welsh...