Legal Practice Notes

Practice Note This Practice Note sits within our suite of comprehensive guidance on the key provisions of the standard form Contract for Difference ( Cf D), issued to renewable electricity generators through the Cf D allocation rounds run to date. The emphasis here is on the Cf D terms that apply from signature up to the point a project is commissioned, when payments under the Cf D commence. Our other relevant Practice Notes in this series include: Detailed guidance on the terms of the standard form Contract for Difference ( Cf D): from commissioning to expiry — offers complementary guidance on the Cf D provisions that apply once a project has been commissioned and subsidy payments have begun Contracts for Difference ( Cf D) — key features — sets out a detailed overview of the Cf D regime as a whole,...

This Practice Note introduces freezing injunctions, explaining what they are and the different types that can be applied for. For guidance on making and responding to an application for a freezing injunction, see the following resources listed in this section: Practice Note: Freezing injunctions—the application Practice Note: Freezing injunctions—the draft order Applying for a freezing injunction—checklist Responding to a freezing injunction—checklist Precedent: Affidavit in support of a freezing injunction Precedent: Affidavit in opposition to the continuation of a freezing injunction granted without notice For examples of judgments addressing these principles in more detail, see the following Practice Notes listed below: Freezing injunctions—illustrative decisions Freezing injunctions—key and illustrative decisions (2020–2024) [ Archived] What is a freezing injunction? A freezing injunction (or freezing order) is an interim order restraining a respondent from taking assets out of the...

ARCHIVED : This Practice Note has been archived and is not maintained . In line with its authority to order interim relief in aid of arbitration, the Hong Kong court, under the Arbitration Ordinance, Chapter 609 ( AO), may grant freezing injunctions (formerly referred to as Mareva injunctions) in support of arbitral proceedings. Securing such relief is demanding and should not be approached casually. For the position under English law, see Practice Note: Freezing injunctions in support of arbitration ( England and Wales). Powers of the court to grant interim measures (generally) The court’s ability to award interim measures arises under AO, ss 21 and 45. Section 21 makes clear that requesting, before or during arbitration, a protective interim measure from the court is compatible with an arbitration agreement, and that the court may grant such relief. Under s 45, the court may, for arbitral...

The requirement of real risk Before the court will grant such relief, anyone seeking a freezing injunction has to meet several preconditions. They are set out in detail in Practice Note: Freezing injunctions—guiding principles. In brief, the applicant needs to demonstrate: a ‘good arguable case’ that there are assets to which a freezing injunction can attach a genuine risk that those assets will be dissipated so as to frustrate any judgment against the defendant that granting a freezing injunction is just and convenient This Practice Note focuses on the criterion of a real risk of dissipation of assets. Real risk—meaning and scope Once the court is satisfied it has jurisdiction over the substantive claim and that there is a good arguable case against the defendant, it then considers whether there is a ‘real risk’ that any judgment in the claimant’s favour will go...

This Practice Note examines freezing injunctions granted once a claimant has obtained judgment against the defendant. For the principles relevant to pre‑judgment applications for freezing injunctions, see Practice Note: Freezing injunctions—guiding principles. This guidance concentrates on interpreting and applying the pertinent provisions of the CPR. Depending on the court in which your matter proceeds, you should also be alert to additional provisions—see the main section below titled: Court specific guidance. 6 April 2025 changes The CPR provisions governing interim injunctive relief, including freezing orders, were amended with effect from 6 April 2025. In particular, CPR 25 underwent extensive revision and the specimen draft freezing order in Annex A to Practice Direction 25A was revoked. It was replaced by a new model order for a freezing injunction that came into force on 6 April 2025. The changes were not intended to make substantive...

ARCHIVED : This Practice Note has been archived and is not maintained. Scope of exemption Disclosure of personal data under freedom of information ( FOI) will be exempt where releasing it would breach the data protection principles or a notice under section 40(3) of the Data Protection Act 1998 ( DPA 1998), or where the material falls within DPA 1998, s 40(4) (enforcement notice). In most situations, reliance is placed on the breach of principles exemption. Although absolute, the public authority must still consider what is fair. Disclosure is allowed if the data subject has consented. Yet the mere absence or refusal of consent is not conclusive. The authority is required to weigh fairness, by reference to the above factors, when deciding whether to disclose despite a refusal, or where consent has neither been given nor refused. When is consent needed? Data counts as personal data only if it...

The freedom of information ( FOI) case tracker collates and outlines notable judgments and case law concerning the application of the Freedom of Information Act 2000 ( FIA 2000) and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391... Background reading Freedom of information—overview Environmental information regulation—overview Courts covered Supreme Court ( SC) Court of Appeal ( CA) Upper Tribunal ( UT) Alongside concise case particulars, where feasible the tracker includes links to news analysis and commentary published in the Freedom of Information Journal, available to Lexis®Library subscribers... Archived decisions [ Archived] Access to environmental information case tracker [ Archived] Supreme Court ( SC) Citation: Department for Business and Trade v Information Commissioner [2025] UKSC 27 Summary: Supreme Court confirms cumulative public interest test under FIA 2000 Abstract: The Supreme Court determined that, under FIA 2000, s 2(2)(b), public...

Note: the French cases cited below are not all reported by Lexis Nexis®. French legal framework France has long had a reputation as an arbitration‑friendly venue, with narrowly tailored grounds for contesting arbitral awards; however, some observers discern in recent rulings a movement towards tighter judicial scrutiny of awards on matters of international public policy. The applicable rules sit in Decree No 2011–48 of 13 January 2011, which took effect on 1 May 2011, and are codified in Book IV of the French Code of Civil Procedure ( CCP). Distinct regimes govern domestic and international awards. In practice, the two frameworks operate separately, reflecting the nature of the underlying dispute. Under this scheme, procedures and remedies are carefully tailored accordingly. Although both categories of award can be annulled on limited bases, only domestic awards are open to appeal. Additional avenues of challenge to awards exist...

This Practice Note examines how to approach forum non conveniens arguments when applying to set aside an order permitting service out of the jurisdiction on the basis that the claim form was not validly served. An application for permission to serve a claim form outside the jurisdiction requires, among other matters, the court to decide whether England and Wales is the appropriate place to determine the dispute. Permission to serve in another jurisdiction will only be given if the courts of England and Wales (the English courts) have jurisdiction. A defendant may seek to have an order authorising service out set aside if they consider the English courts do not have jurisdiction, or that the courts of another jurisdiction are the proper forum. For guidance on: how to set aside an order granting permission, see Practice Note: Cross-border...

This Practice Note examines the interplay between the statutory moratorium in Schedule B1 to the Insolvency Act 1986 ( IA 1986), which stays most creditor or third-party steps against a company in administration, and a landlord’s ability to exercise its proprietary right of forfeiture under the company’s lease. For an outline of the moratorium that applies on administration, see Practice Note: The moratorium in administration. This Practice Note is concerned with obtaining relief from the moratorium so that a landlord may forfeit a lease; it does not cover other enforcement routes, eg commercial rent arrears recovery. For more detail, see Practice Note: Recovering rent arrears. Introduction to forfeiture Where a tenant does not pay rent under a lease, the landlord may seek to determine the lease either by applying to the court or by peaceable re-entry. Ordinarily, the landlord’s forfeiture powers arise from the lease, and a...

COVID-19 as a recent example of a significant market disruption In early 2020, the oil sector grappled with dwindling storage capacity amid oversupply, collapsing prices and a sharp fall in demand. Operators and supply chain companies scaled back activity and investment to safeguard cash flows. Capital expenditure was cut by tens of billions of dollars. Contracted rigs were suspended, cold-stacked or cancelled. Offshore field developments were postponed. Decommissioning and abandonment were brought forward. At the same time, coronavirus spread through offshore installations and vessels. Under normal conditions, around 11,500 people would be working on North Sea projects at any given moment; by 20 March 2020 this had fallen by 4,500 (about 40%), according to Offshore Energies UK (formerly Oil & Gas UK). This triggered difficult logistical calls: what if the required expertise is quarantined? What happens when contracted service providers cannot fulfil their obligations, or operations on a rig or...

This Practice Note examines the practical considerations when assessing the proprietary processes of following and/or tracing in civil claims. For guidance on what following and tracing involve and when they might be available, see Practice Note: Proprietary remedies—following and tracing. Following and tracing—not a remedy themselves Although often discussed within the sphere of proprietary remedies, following and tracing are processes, not standalone causes of action or remedies. The fact that an asset can be followed or traced does not, by itself, establish whether the claimant has a legal claim against a person or in relation to property, or indicate what remedy (if any) could be pursued. You should therefore give careful thought to the potential causes of action you might advance and against whom, assuming the property can be followed and/or traced. While following and tracing are not limited to cases featuring dishonest or...

This Practice Note offers direction on the distinct rules governing the prescriptive period for obligations to pay damages (previously, to make reparation). It ought to be read alongside Practice Note: Prescription in Scotland. Read it in tandem with that note for context and alignment within the overall wider prescriptive framework in Scotland. For insight into the law of limitation in Scotland, consult Practice Note: Limitation of actions in Scotland, which likewise addresses the distinctions between limitation and prescription in Scots law. Key: PL( S) A 1973— Prescription and Limitation ( Scotland) Act 1973 P( S) A 2018— Prescription ( Scotland) Act 2018 PL( S) A 1973, s 11 concerns obligations to pay damages (irrespective of the obligation’s source). It applies to every action in contract or delict where damages are claimed. Until 28 February 2025, the section referred to obligations to ‘make...

Practice Note on Procedure in the First-tier Tribunal ( IAC) The Practice Note on Procedure in the First-tier Tribunal ( IAC) sets out clearly the steps to be taken in a First-tier Tribunal appeal. It addresses the practicalities and organisation of assembling evidence, the appellant’s bundle and pleadings for an appeal to the First-tier Tribunal, once the appeal has been duly lodged and any fee paid. On 1 November 2024, the most recent Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal (the FTT Practice Direction) was published and issued, and it replaced the earlier Practice Direction and guidance from 2022. The new Practice Direction adopts an ‘issues-based’ approach to appeals, requiring appellants to define and narrow at the outset the matters actually in dispute, and to curate with care the evidence and submissions filed in support of the appeal so they are as...

Practice Note: Costs in the First-tier Tax Tribunal ( FTT) This case study is authored by Anne Redston, Barrister. It sets out her personal perspective; she is not authorised to speak officially on behalf of the Tribunals Service or the judiciary. Sasha is a recently qualified member of Parul LLP, a firm of solicitors based in Bristol. The practice represented a client in a long-running, protracted dispute with HM Revenue and Customs ( HMRC). HMRC had imposed VAT penalties spanning six years in total, and Parul LLP appealed those assessments for its client. The First-tier Tax Tribunal ( FTT) classified the matter as ‘standard’. For further detail on what a standard categorisation entails, see Practice Note: Preparing for a tax tribunal case— Standard cases. Parul LLP retained a barrister to act as counsel from a set of specialist tax chambers in London. The parties...

Stepping into a fresh position can feel intimidating, particularly when moving into an unfamiliar organisation and adapting to the contrasts between private practice and an in-house setting. Above all, try not to worry. Provided you are not instantly swept into back-to-back meetings, use your opening week to understand the workplace, your line manager, and the wider team. Should your calendar start to fill quickly, ring-fence a few hours each day to cover the fundamentals—an investment that will reward you many times over later on. This Practice Note is for lawyers beginning an in-house post. It targets sole counsel but will equally apply if you are entering an established legal department. Its purpose is to offer practical guidance on settling into your position and to outline steps to take during week one. It also seeks to reassure you if reality is not quite what was...

The Grenfell Tower fire of 14 June 2017 is widely recognised. In the wake of this devastating event, it became apparent that particular cladding products used on Grenfell Tower, along with other building features, had accelerated the fire’s spread. Consequently, serious questions arose about the suitability of cladding systems and fire safety provisions on other buildings in the UK and overseas. The disaster prompted multiple actions by the UK government—including establishing a public inquiry into the events of 14 June 2017 (the Grenfell Tower Inquiry), and introducing reforms to the legal and regulatory regimes for building and fire safety. For details on these changes, see Practice Note: Fire safety developments following the Grenfell Tower fire. The possible scale of fire safety shortcomings within existing UK buildings has driven those who own, occupy, or are charged with maintaining potentially defective properties to assess whether...

This table sets out all concluded investigations by Finland’s competition regulator, the Finnish Competition and Consumer Authority ( FCCA), into suspected cartels, restrictive agreements and abuses of dominance ( Articles 101/102 TFEU and national counterparts) since 2018. Only inquiries that were publicly disclosed are shown. 2025 Investigations under Article 101 TFEU/ Chapter 2, section 5 of the Competition Act The FCCA adopted no decisions under Article 101 TFEU/ Section 5 in 2025. Investigations under Article 102 TFEU/ Chapter 2, section 7 of the Competition Act The FCCA adopted no decisions under Article 102/ Section 7 in 2025. 2024 Investigations under Article 101 TFEU/ Chapter 2, section 5 of the Competition Act The FCCA issued no decisions under Article 101 TFEU/ Section 5 in 2024. Investigations under Article 102 TFEU/ Chapter 2, section 7 of the Competition Act The FCCA issued no decisions under Article 102/ Section 7 in...

Author: James Todd, with thanks to David Cruickshank and Jamie Dunne. Introduction This Practice Note sets out the principal considerations connected to the project financing of gas peaking generation schemes (often called ‘gas peakers’). It concentrates on approaches to secure dependable income for these projects and to minimise liabilities while maximising cost transparency. It does not, in the main, cover more standard contractual positions, although these remain relevant and should be evaluated by legal advisers where appropriate, such as: seeking security from counterparties assignment in security drafting funder direct agreements collateral warranties For an overview of the key documents used in project financing, see Practice Note: Project finance—key finance documents. Although written with project finance specifically in mind, many of the issues highlighted will also be pertinent when undertaking due diligence on equity transactions. For further detail on the nature of ‘gas...

The Financial Services Act 2012 ( FSA 2012) obtained Royal Assent on 19 December 2012 and came into force on 1 April 2013. It abolished the Financial Services Authority ( FSA), installing two successor regulators—the Financial Conduct Authority ( FCA) and the Prudential Regulation Authority ( PRA)—and also formed a new Financial Policy Committee ( FPC) within the Bank of England ( Bo E). In brief, this Practice Note summarises the reforms to the UK financial services regulatory framework introduced by the Act. FSA 2012 was preceded by a succession of public consultations. A draft Bill appeared in July 2011 and was examined by a Joint Committee of both Houses, which issued its report on the draft Bill on 19 December 2011. The Financial Services Bill was then presented to Parliament in January 2012. Further details on the Bill’s progress can be found on the...