Legal Practice Notes

Introduction The Community Infrastructure Levy ( CIL) is a tariff charged on development. Its statutory footing sits in Part 11 of the Planning Act 2008 ( PA 2008), which authorises the Secretary of State to make regulations to provide for CIL’s imposition. Those rules were introduced as the Community Infrastructure Levy Regulations 2010 (the CIL Regulations), SI 2010/948. CIL covers both England and Wales, though this Practice Note addresses only the method for calculating CIL in England for any planning permission issued on or after 1 September 2019 (or a liability notice, whenever served, relating to such a permission). For assistance on working out the CIL sum payable in Wales, and in England for a permission granted before 1 September 2019 or a liability notice, whenever served, for such a permission, see Practice Note: Community Infrastructure Levy (...

The offences of common assault and battery Strictly speaking, assault and battery are separate summary offences. Assault arises where a defendant, intentionally or recklessly, causes another person to fear immediate and unlawful violence, whereas battery is made out when unlawful force is applied intentionally or recklessly. A battery may occur after an assault, but that is not invariably so... Both are summary-only offences, ordinarily tried in the magistrates’ court. However, where the incident is racially motivated, section 29 of the Crime and Disorder Act 1998 ( CDA 1998) permits trial either in the magistrates’ court or the Crown Court. See Racially or religiously aggravated assault below. The usual statutory limit for charging assault or battery is six months from the date of the offence. Different time limits may apply in proceedings for common assault or battery where the conduct alleged amounts to domestic violence and the...

This Practice Note provides guidance on legal issues arising from the commercial use of photographs This Practice Note sets out guidance on legal matters that arise when photographs are used commercially. As photographs sit at the heart of many commercial ventures, businesses should adopt a cautious approach to securing and exploiting the necessary rights. It covers: photography and copyright law sourcing photographs key considerations when negotiating licence agreements special categories of photographs The Note is written on the basis that a business directly commissions a professional photographer. In many instances, an external agency will be instructed and will then engage a photographer; the same considerations will usually apply. See also the government’s Copyright notice: digital images, photographs and the internet. Alongside the intellectual property issues discussed in this Note, photographers and others using or otherwise processing photographs must also ensure...

Pre-contract searches These enquiries are ordinarily undertaken by the buyer’s solicitor, though the seller’s solicitors may handle them if they are providing a certificate of title. Typical searches include: local searches index map searches drainage and water searches highways searches environmental desktop searches For further details, see Practice Note: Pre-contract searches. Environmental desktop searches The Law Society’s Practice Notes on contaminated land and flood risk advise that environmental and flooding matters should be evaluated in every property transaction. See Practice Notes: Law Society practice note on contaminated land Flooding— Law Society practice note on flood risk The Law Society’s guidance on the impact of climate change on solicitors provides direction for organisations on conducting business in line with the transition to net zero. Part B explains how climate change physical risks and climate legal risks may affect client advice, outlines issues at the...

This Practice Note offers practical, targeted guidance for exporters on claiming preference under rules of origin when trading within the UK and Southern African Customs Union ( SACU) and Mozambique Economic Partnership Agreement ( UK- SACUM EPA) framework. Introduction For exported items to access the preferential tariff treatment available under the UK- SACUM EPA, the goods must fully satisfy the detailed rules of origin requirements laid down and set out in the UK- SACUM EPA. For guidance on the preferential treatment that goods also receive under the UK- EU TCA, see Practice Note: Trade in goods under the UK- SACUM EPA. For further guidance on the rules of origin tests that goods must strictly meet in order to obtain such preferential treatment, see Practice Note: Rules of origin under the UK- SACUM EPA. Manner in which preferential treatment may be claimed When products...

This Practice Note delivers practical guidance for exporters on how to claim preference under the rules of origin when trading pursuant to the UK- EU Trade and Cooperation Agreement ( UK- EU TCA). Introduction For exported goods to access the preferential tariff treatment available under the UK- EU TCA, the product must satisfy the rules of origin criteria laid down in the UK- EU TCA. For guidance on the preferential treatment available, see Practice Note: Trade in goods under the UK- EU Trade and Cooperation Agreement. For guidance on the rules of origin that must be met to obtain that treatment, see Practice Note: Rules of Origin of the UK- EU Trade and Cooperation Agreement. Claiming preferential treatment for goods The UK and the EU must allow an importer to make a claim for preferential tariff treatment upon importation. The importer bears...

CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment dated 27 March 2014; it is no longer being maintained...

This Resource Note summarises the principal provisions of the Introduction to the City Code on Takeovers and Mergers ( Code) (as amended with effect from 3 February 2025). It addresses the standing of the Panel on Takeovers and Mergers ( Panel), the nature and purpose of the Code, the circumstances in which the Code applies, the Panel and its Committees, the Panel Executive ( Executive), the rules for interpreting the Code, the Takeover Appeal Board ( Appeal Board), the Panel’s powers to require documents and information, enforcement of the Code, and the Panel’s disciplinary powers. Materials covered in this Resource Note include: Notes accompanying the Code ( Notes), which elaborate on how the Rules are intended to be implemented and on Appendices dealing with specific issues Practice Statements issued by the Panel Executive (the body that conducts the day-to-day work of takeover...

This Practice Note considers the court’s powers to make financial provision for children in cases where the paying and receiving party are or have been married or in a civil partnership. It sets out the court’s jurisdiction to order periodical payments and capital provision, to make global or ‘ Segal’ orders, and to grant relief under the Domestic Proceedings and Magistrates’ Courts Act 1978 ( DPMCA 1978) and the corresponding Civil Partnership Act 2004 ( CPA 2004) provisions, including failure to maintain claims and applications before lay justices. It further examines financial provision pursuant to Sch 1 to the Children Act 1989 ( Ch A 1989) in matters involving parents who are or have been married or in a civil partnership, and covers situations where a financial order has already been made under the Matrimonial Causes Act 1973 ( MCA 1973) or CPA...

When establishing a charity, the anticipated longevity of that body should be a key consideration when defining its aims and objects. If it is a short term endeavour (perhaps tied to a single event) this is less of an issue; however, for a long term venture it must be recognised that aims and objectives may evolve, or need to evolve, as time passes. Aims and objectives Before setting up the charity, certain points should be settled: what the charity will tangibly aim to deliver alongside this, who stands to benefit from the charity whether the actual work the 'charity' proposes is charitable under the legal definition what the pros and cons of charitable status are—some activity (notably political) may not be best pursued (or even permitted) through a charitable organisation New charities also confront the question of...

NOTE : An updated edition of the Chancery Guide was issued on 5 September 2025. For details, see LNB News 05/09/2025 57— September 2025 update to Chancery Guide and the related Practice Note. ARCHIVED : This archived Practice Note sets out guidance on witness statements and factual evidence for use at trial in the Chancery Division, in line with Chapter 8 of the Chancery Guide. It specifically covers drafting witness statements for Chancery Division trials, what to do where a witness is not fluent in English, how to identify and cross‑reference documents within a witness statement, and the use of supplemental witness statements. It also considers preparation for, and giving, evidence at a Chancery trial, along with the potential consequences of non‑compliance with the relevant provisions. Finally, it gives guidance on witness evidence for trials in the Chancery Division. This note is not...

This Practice Note explores how to apply to set aside an order granting permission to serve the claim form beyond England and Wales. Such an application must proceed as a jurisdictional challenge under CPR 11. The reasoning behind that requirement is outlined, together with practical guidance on issuing the application. It addresses the differing factors from the viewpoints of the defendant, who applies, and the claimant, who resists the application. It also considers whether the claimant may invoke alternative or additional gateways to those first relied upon. This Practice Note does not cover circumstances where the claimant may serve the claim form outside England and Wales without seeking the court’s permission. In that scenario, the defendant will know permission was unnecessary because the claimant must serve a completed Form N510, setting out the basis on which the courts of England and Wales are said to have...

This Practice Note considers the employment law matters that may arise concerning sabbaticals and career breaks. It also cites decisions of the Court of Justice of the European Union ( CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, refer to Practice Note: Assimilated law— Assimilated case law. What is a career break or sabbatical? The expressions 'career break' and 'sabbatical' lack a specific legal definition, and the chosen description of the break does not ultimately decide its legal character in any given context......

Background There are legal requirements governing the notices and statements that must be made when an auditor leaves office. Section 18 and Schedule 5 of the Deregulation Act 2015 ( DA 2015), effective from 1 October 2015, introduced a series of auditor-related reforms, including the rules on notices and statements on an auditor’s cessation of office. Those measures apply to financial years starting on or after 1 October 2015. For these notice and statement obligations, the DA 2015 amended the Companies Act 2006 ( CA 2006) so that a distinction is drawn between companies and non-companies (with each category treated slightly differently), replacing the earlier split between quoted and unquoted companies (again, each treated slightly differently) that applied before the DA 2015 amended the CA 2006. This change reoriented the framework and aligned the obligations with entity status rather than listing status, while...

This Practice Note outlines the steps for commencing an arbitration and replying to a notice of arbitration in line with the third edition of the ARIAS ( UK) Rules, adopted in 2014 (the ARIAS Rules). Those Rules govern any ARIAS reference begun on or after 1 January 2014. ARIAS arbitrations started before 1 January 2014 are subject to the ARIAS Rules 1997 (click here for the second edition). For an introduction to ARIAS, see Practice Note: Arbitration under the ARIAS ( UK) Rules 2014. For guidance on agreeing to adopt the ARIAS Rules for resolving disputes, see Practice Note: ARIAS (2014)—general procedure. Starting an arbitration Notice of Arbitration The party initiating the arbitration (the claimant) does this by serving the intended respondent with a written notice of arbitration ( ARIAS, rule 4.1)......

This Practice Note considers serious irregularity challenges in England and Wales where an arbitral award is tainted by fraud, or the award, or its procurement, offends public policy under section 68(2)(g) of the Arbitration Act 1996 ( AA 1996). Where appropriate, it should be read alongside the Practice Notes: AA 1996—challenging the award on grounds of serious irregularity (s 68) and AA 1996—challenging the award—categories of serious irregularity (s 68). Grounds of serious irregularity—obtained by fraud or contrary to public policy AA 1996, s 68 sets out nine exhaustive categories of serious irregularity by which a party may impeach an arbitral award. Under s 68(2)(g), serious irregularity arises where: the award is procured by fraud, or the award, or the manner in which it was obtained, is contrary to public policy As with every alleged serious irregularity, the English court’s approach to s...

This Practice Note explores the key legal and practical issues and considerations involved in invoking legal professional privilege during a disclosure exercise, and sets out guidance on how to decide whether a document is exempt from production and how to safeguard that position. The purpose of legal professional privilege This guidance concerns classifying and protecting documents and information under the laws of England and Wales governing legal professional privilege. Comparable rules in other countries may differ markedly. Local advice should be obtained, particularly where document flows traverse borders. Legal professional privilege is a legal right available to any individual or corporate body that seeks and receives legal advice about its legal position (referred to in this guidance as ‘the client’). It is a safeguarding doctrine that allows such parties to obtain legal advice without revealing either the request made for that advice or the advice...

Types of marine licence notices The Marine and Coastal Access Act 2009 ( MCAA 2009) allows notices to be served by the relevant licensing authority or by an enforcement authority to secure compliance with rules concerning marine licences or licensable marine activities. Under MCAA 2009, s 108, regulations must be made by the appropriate licensing authority to ensure any person to whom a notice is given has a right to appeal against that notice......

FORTHCOMING CHANGE: A consultation, which closed on 7 July 2025, invited views on ways to streamline, modernise and reform HMRC’s approach to dispute resolution, aiming to raise awareness of the processes and to enhance access to, and uptake of, alternative dispute resolution ( ADR) and statutory review routes. It also proposes harmonising and simplifying appeal processes to bring together the advantages of the different methods currently used for direct and indirect tax disputes. For more information, see News Analysis articles: Tax update spring 2025— Tax analysis— Taxes management and dispute resolution and Tax update spring 2025— Improving HMRC’s approach to dispute resolution. This Practice Note is written by Anne Redston, Barrister. The views expressed are personal; she is not authorised to speak for the Tribunals Service or the judiciary. The Note sets out the procedure for challenging an HMRC decision and signposts further notes that...

Scope of this Practice Note This Practice Note provides guidance on the rules set out in CPR PD 52B, which govern appeals in the County Court and the High Court, and operates alongside CPR 52 and the other Practice Directions under Part 52. The overarching rules on appeals appear in CPR PD 52A. Accordingly, this Note should be read together with other Practice Notes offering general guidance for appeals pursued under CPR 52 and its associated Practice Directions, see: Civil appeals: general and preliminary considerations—overview. Alongside the relevant CPR, practitioners must also observe any requirements in the applicable court guide for the division in which proceedings are taking place, see Practice Note: Civil appeals—court specific guidance. Appeals arising from contempt require special treatment; for further detail, see Practice Note: Civil contempt...