Legal Practice Notes

Background The Computer Misuse Act 1990 ( CMA 1990) was primarily passed to tackle the risk posed by unauthorised entry into computer systems, commonly labelled ‘hacking’ offences. It became clear that no suitable law existed to prosecute such activity, a gap highlighted especially by R v Gold & Schifreen, where the Court of Appeal set aside a conviction for making a false instrument, contrary to the Forgery and Counterfeiting Act 1981, in circumstances amounting to unauthorised access to BT’s Prestel Computer Network. The House of Lords affirmed that ruling, holding the behaviour fell beyond the false instrument offence because the false information—namely the passwords used to secure entry—had to be retained on the instrument for a meaningful period. At the time, the statute drew criticism as rushed and ill-conceived, and Parliament had no real conception of the ‘ World Wide Web’, which did not...

This Practice Note outlines the core position that, consistent with the fundamental principle of open justice, hearings should ordinarily be held in public under CPR 39.2. It also explains the circumstances in which a court may order that a matter be determined in private (frequently described as ‘in chambers’ or ‘in camera’) pursuant to CPR 39.2. Guidance is provided on making an application for a private hearing and on the court’s discretion to sit in private, including where civil and criminal proceedings are underway at the same time. The Note additionally discusses closed hearings, reporting restriction orders, and the media’s access to the courts. It should be read alongside Practice Note: —illustrative decisions. Note, too, that CPR 39.2 was substantially amended with effect from 6 April 2019—see News Analysis: CPR changes—6 April 2019. Some of the authorities mentioned in this Practice Note were...

The Construction Industry Council ( CIC) issues a standard consultant appointment: the Conditions of Contract for the Appointment of Consultants on Major Building Projects. This Practice Note reviews the 2011 second edition, which superseded the 2007 original, and confirms the CIC Conditions suit any discipline, with or without design responsibility, and are presented in two volumes. Volume 1 Volume 1 opens with a form of agreement capturing the parties’ details and a description of the consultant’s role and the project. It permits execution under hand or as a deed and organises the agreement into six parts. 1— Contract Details: Sections 1-1 to 1-14, completed in manuscript, set out project-specific particulars, including the site description, the client’s brief (also to be appended to the appointment), and other team members; any optional provisions from Part 6 intended to apply should be flagged here......

The stamp duty land tax ( SDLT) rules that apply when a tenant holds over a lease are complex. Since SDLT came into force, the regime has been amended, and differing situations can produce different outcomes. Which provisions apply will depend on, among other factors: whether the original lease was a stamp duty or SDLT lease (ie it was chargeable to stamp duty or SDLT when granted) the date on which the original lease was granted the date on which the original lease came to an end when the new lease is granted, and the commencement date expressed for the term of the new lease The relevant provisions are found in paragraphs 3, 3A and 9A of Schedule 17A to the Finance Act 2003 ( FA 2003). SDLT ceased to apply to any land transaction involving interests in or over land in...

This Practice Note examines exclusive jurisdiction agreements (often termed choice of court agreements). It addresses the construction, effect and enforcement of this category of jurisdiction agreements. For guidance on: non-exclusive jurisdiction clauses, see Practice Note: Jurisdiction agreements—non-exclusive jurisdiction agreements asymmetric jurisdiction clauses, see Practice Note: Jurisdiction agreements—asymmetric jurisdiction agreements What is an exclusive jurisdiction clause? An exclusive jurisdiction clause stipulates that disputes are to be determined by the courts of a named jurisdiction, conferring a contractual entitlement not to face proceedings elsewhere. Many such clauses also contain forum non conveniens waivers, ie the parties irrevocably waive any right to bring proceedings in a jurisdiction other than that set out in the clause. Unlike non-exclusive jurisdiction clauses, they prevent the parties from commencing claims in any forum other than the one identified. For example exclusive jurisdiction clauses, see Practice Note:...

This Practice Note monitors significant rulings of the Court of Justice of the European Union on data protection, notably the construction of the General Data Protection Regulation ( EU) 2016/679 ( EU GDPR). The list below includes only final determinations, and should be read alongside Practice Note: Data protection cases before the Court of Justice of the European Union—tracker, for further details on the progress of matters presently before the court. For an overview of the EU GDPR, consult Practice Note: The EU’s General Data Protection Regulation ( EU GDPR). Cases Case name and date Commission v Hungary, Case C-769/22 — 21 April 2026 Key theme: Criminal offence data— Access and safeguards— Article 10 Summary The Court of Justice ruled that Hungary breached Article 10 of the EU GDPR by broadening access to personal data concerning criminal offences without laying down clear, specific rules defining who could view that...

Dealings between private enterprises and governments, or state-owned bodies, are commonplace in the spheres of foreign investment and cross‑border contracting across numerous jurisdictions. Parties to cross‑border frameworks often opt to refer prospective disputes to international arbitration rather than litigate in court. The underlying logic is clear and compelling. First, arbitration removes the quarrel from the reach of the state party’s own courts and places it before an impartial, independent tribunal. Second, well‑known international treaties, including the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ( ICSID Convention) and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards ( New York Convention), have markedly eased the recognition and enforcement of arbitration clauses and awards. Notwithstanding these benefits, state immunity may present a significant barrier to effective dispute resolution in practice when engaging with states or...

ARCHIVED This Practice Note has been archived and is not maintained. STOP PRESS This Practice Note is being reassessed in view of the ruling in Xiamen Xinjingdi Group Co Ltd v Eton Properties Limited and Others [2020] HKCFA 32. A party that succeeds in arbitration may enforce the award in Hong Kong in one of two ways: under statute, via the summary procedure set out in the Arbitration Ordinance ( Cap 609), or at common law, by bringing proceedings founded on an implied undertaking to comply with the award (often described as an ‘action on the award’) ( Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2016] 2 HKLRD 1106) This Practice Note examines actions on the arbitration award under Hong Kong law. For guidance on statutory enforcement in Hong Kong, see Practice Notes: Hong...

This Practice Note considers the specific provisions affecting groups who are especially at risk of homelessness and draws on the Homelessness code of guidance for local authorities (the Homelessness Code). For further detail on vulnerability when evaluating an individual’s priority need for accommodation, see Practice Note: Homelessness—priority need for accommodation... Local authority duties Part VII of the Housing Act 1996 ( HA 1996) provides the statutory scheme for determining whether a person is owed a duty by a local housing authority ( LHA) if they are homeless, and, where applicable, what that duty entails. See also Practice Note: Homelessness—assisting the homeless post-3 April 2018......

Following the closure of the Liechtenstein Disclosure Facility and the Crown Dependency Disclosure Facilities at the close of 2015 (see Practice Notes: Liechtenstein Disclosure Facility [ Archived] and Crown Dependency Disclosure Facilities [ Archived]), individuals were offered a last chance to disclose offshore non-compliance to HMRC. This new, time-limited disclosure route was first flagged at Budget 2015 and is now known as the ( WDF). The introduction of the WDF aligned with the rollout of the Common Reporting Standard ( CRS) (see Practice Note: Automatic exchange of information—the Common Reporting Standard: a summary), which automatically supplies HMRC with substantial volumes of offshore financial information. Up to 30 September 2018, the WDF could be used to make a disclosure for the purposes of the requirement to correct ( RTC). This Practice Note gives a short introduction to the WDF. For the terms of the WDF and...

On 17 July 2014, the Finance Act 2014 ( FA 2014) brought in the mechanism of a follower notice. The aim is for follower notices to be used against taxpayers who have entered into a tax avoidance arrangement that has been found to fail in another party’s litigation. Under this regime, a follower notice can be given where there is a final, relevant judicial decision that is not appealable or the time to appeal has expired (including decisions of the First-tier Tax Tribunal ( FTT)), and the reasoning in that decision would negate the tax benefit claimed by the taxpayer. Where there is an open HMRC enquiry into the taxpayer’s return (or claim) or the taxpayer has lodged an appeal (and that appeal remains live), HMRC may issue a follower notice requiring the taxpayer to amend their return (or claim) or withdraw their appeal to...

This Practice Note explains HMRC’s authority to visit and examine business premises to verify an individual’s tax affairs, and the limits on that authority. Their rights to seek information and records are addressed in Practice Note: HMRC information powers. Comparable inspection powers exist for Revenue Scotland and the Welsh Revenue Authority in respect of devolved taxes. Where fraud is suspected, HMRC can draw on more extensive powers. For further detail, see Practice Note: HMRC criminal investigations and dawn raids. HMRC may likewise use inspection powers when acting in its anti-money laundering role. For guidance, see Practice Note: HMRC guidance under the Money Laundering Regulations 2017 [ Archived]. What are the purposes for which HMRC may use its inspection powers? HMRC may deploy these powers where it is reasonably necessary to check a person’s tax position......

All information set out below is available for public inspection under section 66 of the Land Registration Act 2002 ( LRA 2002), known as the general right of inspection, unless excluded by section 66(2): recorded on the register of title; in the Registrar’s possession and cited on the register of title; entered on the register of cautions against first registration; and held by the Registrar in connection with an application made to the Registrar. How can information be kept confidential?......

Cineworld Cinemas Limited, together with three other group entities, pursued four Part 26A restructuring plans, with a convening hearing in August 2024 and a sanction hearing in September 2024. Headline points are set out below (capitalised expressions not explained here bear the meanings in the sanction judgment). This Deal Debrief sits within our Restructuring plans collection. For deeper analysis of 2023 RP metrics and commentary from recognised experts, consult Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan companies Cine- UK Limited ( CUKL), Cineworld Cinemas Limited ( CWCL), Cineworld Cinema Properties Limited ( CCPL) and Cineworld Estates Limited ( CWEL) (collectively, the Plan Companies). Industry sector Entertainment/ Cinemas. Place of debtor’s incorporation and jurisdictional factors All Companies were incorporated in England and Wales. The Plan Companies acted as guarantors of the Group’s principal financing...

This Practice Note examines the legal and regulatory regime applicable to district heating networks in England and Wales. The topics covered are: a high-level introduction to what district heating networks are the statutory foundations supporting the DHN regulatory framework the DHN regulatory scheme established by Part 8 of the Energy Act 2023 ( En A 2023), together with secondary legislation and the Office of Gas and Electricity Markets’ ( Ofgem’s) DHN authorisation conditions how heat network zones are defined and used within DHN regulation the principal UK government subsidy programmes that facilitate DHN deployment This Practice Note does not examine regulation of the centralised generation system providing hot water to a DHN scheme, which depends on the generation technology (for example, the electricity licensing regime where the source is a combined heat and power plant) (see Practice Note: Great Britain...

This Practice Note seeks to summarise the leading case law and shared principles that arise in fitness to practise ( Ft P) proceedings before most healthcare regulators’ Ft P panels. It sets out the common procedural phases, including investigation and the admissibility of evidence, the scope of case examiners’ powers, interim orders, and recurring themes such as dishonesty and racist language. The term ‘registrant’ refers to the regulated professional who is the subject of Ft P proceedings. It should be read alongside Practice Note: Criminal proceedings and convictions in healthcare regulatory proceedings and the separate Practice Note for each regulator listed below: General Dental Council—fitness to practise proceedings General Medical Council—fitness to practise proceedings General Optical Council—fitness to practise proceedings General Pharmaceutical Council—fitness to practise proceedings Health and Care Professions...

The Health and Safety Executive ( HSE), established under the Health and Safety at Work etc Act 1974 ( HSWA 1974), is the principal regulator of health and safety law in Scotland. A distinct Scottish division within HSE works closely with the Crown Office of the Procurator Fiscal Service, supporting both the investigation and prosecution of health and safety offences in Scotland. The obligations placed on employers and workers by HSWA 1974 apply equally across England, Wales and Scotland. For information on key health and safety offences, see the following Practice Notes below: Safety and the risk to safety under the Health and Safety at Work Act 1974 Failure to carry out health and safety duties under HSWA 1974—offences Directors’ duties for health and safety Employees' duties to take reasonable care for health and safety at work See also the Health and...

R& I spotlight on health and safety law What is the main legislation covering this area? The principal statute for health and safety is the Health and Safety at Work etc Act 1974 ( HSWA 1974). HSWA 1974: sets out the overarching health and safety duties that may arise in a workplace establishes the enforcement framework to ensure those duties are fulfilled enables the making of subordinate legislation More than 600 subordinate regulations have been introduced under HSWA 1974. Frequently, these regulations impose detailed, prescriptive requirements that must be followed. Broadly, they fall into three groups addressing: how specified activities must be undertaken the management of health and safety responsibilities matters particular to a sector or industry Accordingly, in any situation much of this subordinate law may not be relevant. Nevertheless, it remains essential in each instance to...

This Practice Note outlines the Hague Principles on Choice of Law in International Commercial Contracts, referred to as the HCCH Principles and previously called the Hague Principles. It is an international instrument intended to address cross-border commercial dealings. It operates across jurisdictions to support cross-border commercial activity worldwide in practice. What are the HCCH Principles on Choice of Law in International Commercial Contracts? The HCCH Principles address matters of private international law (conflict of laws) concerning contracts. Modern legal systems maintain their own domestic private international law rules, which commonly vary from one State to another. The possibility of divergent decisions and differing readings of private international law rules (including rules on choice of law) creates significant uncertainty for global trade and commerce. For many years, avoiding inconsistent judicial outcomes has been a core preoccupation of international lawyers. That concern has spurred, not least,...

This analysis Examines the principal amendments to the Immigration Rules (the Rules) contained in HC 1025, which are expected to be of keen interest to business immigration advisers. Issued on 26 February 2015, alongside an Explanatory Memorandum ( EM), HC 1025 introduces an extensive range of revisions. These include, though are not limited to: a major reorganisation of the Rules for visitors the roll-out of the administrative review ( AR) process in step with the second and third phases of implementation of the new Immigration Act 2014 appeals regime—so that it covers entry clearance ( EC) and eligible on-arrival decisions a notable overhaul of the requirements for maintaining investments in the Tier 1 ( Investor) route, reflecting concerns raised by financial institutions and immigration lawyers about the earlier amendments set out in HC 693, which came into force on 6 November 2014 This Practice Note also...