Legal Practice Notes

Brexit, and public procurement reform The UK’s public procurement framework stems from EU procurement rules and, as a result, was touched by the UK’s departure from the EU—though only in a limited way. In substance, procurement law in the UK has largely carried on with only minor alterations, pending the arrival of the forthcoming procurement reform. For more detail, see Practice Note: Public procurement reform. The Public Procurement ( Amendment etc) ( EU Exit) Regulations 2020 amended and revoked elements of procurement legislation to resolve practical issues arising from Brexit, and to ensure the system continued to function effectively once the UK had left the EU and the related transitional arrangements concluded at 11 pm on 31 December 2020 ( IP completion day). Those changes formed part of the broader domestic legislative programme associated with Brexit, introduced under the European Union (...

ARCHIVED: This Practice Note is archived and not maintained This Practice Note offers background reading on concessions contracts procurement as it operated before the Concession Contracts Regulations 2016 ( SI 2016/273) took effect on 18 April 2016, implementing Directive 2014/23/ EU and establishing a new regime for procuring works concessions and service concessions. It describes the law as it stood before 18 April 2016 and is not maintained; it is provided for background information only. For the current regime, see Practice Note: Introduction to concession contracts procurement. What is a concession contract? A concession contract is an arrangement between a contracting authority and suppliers (typically private companies) under which suppliers are granted the right to exploit works or services for their own commercial benefit. In concession contracts, suppliers are paid either solely through third-party sources—usually users of the service, i.e. the general public—or partly by the...

Although the Taxation of Chargeable Gains Act 1992 ( TCGA 1992) does not prescribe a method for calculating a capital gain (termed in the statute a chargeable gain), the commonly followed method is to: take the consideration received on disposing of an asset deduct specified costs (called allowable expenditure or ‘base cost’), notably the original acquisition price of the asset, and where the taxpayer is a company and it obtained the asset on or before 31 December 2017, deduct any indexation allowance The outcome of this computation is the chargeable gain. This Practice Note offers a brief overview of consideration, allowable expenditure and (where relevant) indexation only. For the meanings of disposals and assets for capital gains tax ( CGT) purposes, see the separate Practice Note: What is a capital gain? In this Practice Note CGT is used throughout as a shorthand for both CGT and...

The winding up of a company is treated as having begun on the day the winding-up petition is presented. While a prescribed template for a winding-up order no longer exists, the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, r 7.20 — and, with altered provisions in r 7.32 where the winding up follows the termination of an administrator’s appointment or there is a company voluntary arrangement ( CVA) supervisor — set out the following particulars that must appear: the case identification details the judge’s name and title issuing the order the petitioner’s name and postal address the petitioner’s capacity entitling them to present the petition (for example, the company, a creditor, or a regulator) the date the petition was lodged an order that the company be wound up by the court under the Insolvency Act 1986 ( IA 1986) a statement confirming whether the...

Context A confirmed compulsory purchase order ( CPO) takes effect on the day the confirmation notice is first published, save where it is caught by special parliamentary procedure (see Practice Note: Compulsory purchase—special categories of land). The confirmation notice must be published within six weeks from the date the CPO is confirmed; see Practice Note: Consideration and confirmation of a compulsory purchase order, including making objections, public inquiries, hearings and written representations. Nonetheless, confirmation of a CPO neither transfers title in the land affected to the acquiring authority nor permits that authority to enter into possession. The acquiring authority must bring the CPO into effect by taking affirmative action to exercise the powers it confers. Acquiring authorities should be able to evidence reasonable efforts to secure the land by agreement in the shadow of a CPO, having first ensured they hold the...

Contents of training materials These training materials include slides and speaker notes to familiarise trainees, junior lawyers, lawyers in other practice areas, or clients with the essentials of promoting a compulsory purchase order ( CPO). They address: who can promote a CPO the steps required to make a CPO challenges to a CPO implementing a CPO compensation They are intended for a general, rather than specialist, audience. For instance, they might be used to introduce......

Context Numerous statutory provisions empower specified bodies to undertake compulsory purchase for particular purposes; see Practice Note: Sources and limits of compulsory purchase powers. Authorisation is usually granted by a compulsory purchase order ( CPO). The designated body (the acquiring authority) makes the CPO, which must then be confirmed by the confirming authority—either the minister with the power to authorise the compulsory acquisition, an inspector appointed by that minister to act instead, or, in some instances, the acquiring authority itself. This Practice Note concentrates on the process for submitting a CPO for confirmation, and on the consideration and confirmation of a CPO, including the lodging of objections, public inquiries, hearings and written representations for a CPO to which the Acquisition of Land Act 1981 ( ALA 1981) applies. The steps involved in promoting a CPO up to the point of...

Farm business tenancy — compulsory acquisition of tenant’s interest Where land is: used for agriculture (within the meaning of the Agricultural Tenancies Act 1995 ( ATA 1995)) in the course of a trade or business, or included in a farm business tenancy (within the meaning of ATA 1995) and used for a trade or business, and the tenant (the person conducting that trade or business) is required to vacate because an interest in the land is either taken compulsorily or disposed of by agreement to an authority holding compulsory purchase powers, the acquiring authority may pay such reasonable allowance as it considers appropriate towards the tenant’s removal costs and the loss which, in its view, the tenant will incur owing to disruption of the tenant’s trade or business. When assessing the tenant’s loss, the acquiring authority must take into account the period for which the land...

Role of the Upper Tribunal ( Lands Chamber) (the Tribunal) The Tribunal is a dedicated chamber within the Upper Tribunal, created to resolve disputes about land and its valuation in England and Wales, and to hear appeals against decisions of certain other tribunals. Its remit includes determining compensation issues arising from compulsory acquisition and injurious affection; disagreements over compensation connected to tree preservation orders; questions on the validity of blight and purchase notices; appeals concerning certificates of appropriate alternative development; and other land valuation disputes where the parties have agreed to refer the case to the Tribunal for it to act as arbitrator. For guidance on compensation linked to compulsory purchase, see Practice Note: Compulsory purchase—compensation. Rules and Practice Directions The tribunals system is a dispute resolution service that supports, and is part of, the wider court system. It is administered by HM Courts &...

This Practice Note examines how flat tenants may compel the purchase of a landlord’s interest under the Landlord and Tenant Act 1987 ( LTA 1987), and reviews the qualifying buildings and leaseholders, together with the mechanism and criteria of the acquisition order process. Compulsory acquisition of landlord's interest Under Part III of the LTA 1987, an acquisition order permits eligible long leaseholders of flats to force the purchase of the landlord’s estate in the block via a ‘nominated person’ where either: the landlord has breached duties to repair, maintain, insure, or manage the property; or the property has, for a minimum of two years, been run by a manager appointed under Part II of the LTA 1987. In all scenarios, the court may only grant the order if it considers it appropriate in the...

The Planning Act 2008 ( PA 2008) brought in development consent orders ( DCOs) for nationally significant infrastructure projects ( NSIPs). Under this framework, compulsory acquisition powers can be authorised within the DCO itself, removing the need to obtain separate compulsory purchase order powers for such NSIPs. This position applies to schemes in England. For projects in Wales, where compulsory acquisition is needed for associated development, a distinct compulsory purchase order must still be pursued. For further background, see: Compulsory acquisition for NSIPs—introduction and principles. This Practice Note proceeds on the basis that the inclusion of compulsory acquisition powers in the draft DCO has already been decided, and examines the draft compulsory acquisition provisions and accompanying material for the DCO application, together with the procedure following acceptance of the DCO application by the Examining Authority ( Ex A) under PA 2008. See also...

Employer debt legislation Section 75 (and 75A) of the Pensions Act 1995 ( PA 1995), together with the underlying legislation, collectively comprise what is commonly called the ‘employer debt legislation’. In broad terms, these provisions state that a statutory (non-priority) debt arises in respect of an employer (or employers) participating in a registered defined benefit occupational pension scheme when the scheme is in deficit on a buy-out basis and one of three trigger events occurs: the scheme entering wind-up an insolvency event (as defined for the purposes of the legislation) in relation to a participating employer in a multi-employer scheme, a participating employer ceasing to employ active members while at least one other employer continues to do so (an ‘employment cessation event’) The statutory debt created under PA 1995, s 75 (a ‘section 75 debt’ or ‘employer debt’) is owed by the...

This Practice Note mainly concerns the settlement of disputes involving occupational pension schemes in England and Wales. It does not cover the compromise of debts under section 75 of the Pensions Act 1995 (often called Bradstock agreements); for that, see Practice Note: Compromising section 75 debts— Bradstock agreements. Why compromise? When a commercial conflict arises between two or more parties, it is usual to pursue resolution by agreement rather than only seeking a court determination; the same holds within the pensions sphere as across wider commerce. A well‑judged compromise can deliver key benefits for everyone involved, including: cost savings time savings confidentiality greater flexibility and informality for affected parties, and avoiding the risk of an unfavourable court outcome Compromising a dispute demands that the parties reach consensus on how to address the issues raised and, ideally, how similar matters should be handled or, with luck, prevented in future....

This tracker helps monitor the progress of disputes at the World Trade Organisation. For ease of reference, it is arranged by the year in which consultations are requested. Consultations requested—2025 DS644 India— Measures Concerning Trade in Goods in the Solar Cell, Solar Module, and Information Technology Sectors — China Consultations sought: 19 December 2025 Press release: 23 December 2025 DS643 Canada— Tariff Rate Quotas and Surtax on Imports of Certain Steel Goods and Global Tariff on Certain Steel Derivative Goods — Chinese Taipei Consultations sought: 15 December 2025 Press release: 18 December 2025 DS642 India— Measures Concerning Trade in the Automotive and Renewable Energy Technology Sectors — China Consultations sought: 15 October 2025 Press release: 20 October 2025 ...

Useful websites for Banking & Finance lawyers Lending and asset finance: LMA, APLMA, ACT, UK Finance, ISLA, Bank of England, ICE Benchmark Administration, BIMCO, CAA, UNIDROIT Cape Town Convention Private and acquisition finance: BVCA, GPCA, Invest Europe Islamic finance: AAOIFI, IIFM, IFSB, Islamic International Rating Agency Projects and property: Equator Principles, Homes England, IPA, IPFA, HM Land Registry, JCT, CREFC Europe Trade finance: UK Finance, OECD, UK Export Finance, BEx A, ICC, ITFA, UNCITRAL Markets and derivatives: AFME, ESMA, ICMA, ISDA, FIA, P. R. I. M. E. Finance, LCH Insolvency and restructuring: The Insolvency Service, R3, ILA, Insolvency Practitioner’s Association, INSOL Europe Regulation: Bank of England, FCA, PRA, Financial Ombudsman Service, FSCS, FSB, HM Treasury, EBA, ECB, ESRB, IIF Sustainable finance: Green finance — GOV. UK, UN Principles for Responsible Banking, EU...

This Practice Note provides links to Q& As covering many of the most common property enquiries. The answers are not updated and therefore reflect the law as at the date they were issued. For the latest guidance and additional detail, follow the links in each answer. Building Safety Act 2022 For practical guidance on the Building Safety Act 2022, see: Building Safety Act 2022 property and property disputes collection. Under the Building Safety Act 2022 ( BSA 2022), leases completed before 14 February 2022 are qualifying leases (subject to all other criteria), so a leaseholder/landlord certificate is required. For relevant buildings constructed or converted after 1 October 2023, the new Building Regulations apply; a final BR certificate would evidence compliance with the BSA 2022. What documents should a buyer expect in relation to the BSA 2022 where a developer acquired a...

Issue Details The Comprehensive Nuclear- Test- Ban Treaty ( CTBT) Parties: 178 (187 signatories) Adopted: 10 September 1996 Opened for signature: 24 September 1996 Entry into force: Not yet in force — requires ratification by all Annex 2 States Subject: Prohibition of all nuclear explosions What is the status of the Treaty? The Treaty will not take effect until every Annex 2 State has ratified it. These countries participated in CTBT negotiations from 1994–96 and had nuclear power or research reactors at that time. Annex 2 States: Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, China, Colombia, Democratic People's Republic of Korea, Egypt, Finland, France, Germany, Hungary, India, Indonesia, Iran ( Islamic Republic of), Israel, Italy, Japan, Mexico, Netherlands, Norway, Pakistan, Peru, Poland, Romania, Republic of Korea, Russian Federation, Slovakia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom of Great...

The Financial Services Enforcement Database The Financial Services Enforcement Database houses comprehensive details on all substantive Financial Conduct Authority ( FCA) and Prudential Regulation Authority ( PRA) Final Notices and, where available, Decision Notices, from 2014 to the present. It also includes any and all Decision Notices issued by the Payment Systems Regulator ( PSR). In addition to enabling filtering by rule breach, the Enforcement Database allows users to refine results by sector, keywords, seriousness factors, aggravating factors, mitigating factors, financial penalty, and other action, such as appeals. This document sets out the keywords for the Financial Services Enforcement Database. It can be used as a tool to assist with identifying words and terms to search for across the Database......

This Practice Note serves as a practical, step-by-step guide to preparing and negotiating a term sheet for a real estate finance ( REF) deal, while signposting related materials and resources. It summarises common REF structures, flags precedents that can act as a useful baseline for a REF term sheet, weighs up the usual borrower and lender viewpoints, and sets out an overview of the key areas, headline provisions and negotiation points, together with pragmatic considerations to bear in mind when drafting or negotiating a REF term sheet. For fuller direction on the role and function of term sheets in loan transactions, and the types of provisions they typically contain, see the following Practice Notes for in-depth guidance: Term sheets in lending transactions How to draft and negotiate a LMA investment grade term sheet Term sheet and mandate phase in loan...

This glossary sets out numerous expressions regularly encountered in the restructuring & insolvency sphere. Words shown in bold within definitions are themselves explained in other entries in this glossary as well. A Article X The MLIJ contains a single provision named Article X, aimed at jurisdictions that have already implemented the MLCBI, like England, or are weighing its adoption. Article X states: ‘ Not withstanding any prior interpretation to the contrary, the relief available under [insert a cross-reference to the legislation of this State enacting Article 21 of the UNCITRAL Model Law on Cross- Border Insolvency] includes recognition and enforcement of a judgment’ (see Practice Note: UNCITRAL model law on recognition and enforcement of insolvency-related judgments ( MLIJ): Article X). Asset-backed security ( ABS) A form of security anchored by asset pools, for example loans, leases, and credit card...