Legal Practice Notes

Under the Arbitration Act 1996 ( AA 1996) The AA 1996 empowers the English court to deploy a range of measures in support of the arbitral process. Those measures in particular include compelling a witness within the jurisdiction to attend an arbitral hearing to give evidence, or to produce documents for the purposes of the proceedings ( AA 1996, s 43). The court also has the authority to require a witness who is outside the jurisdiction to provide a deposition or otherwise to have their evidence taken ( AA 1996, s 44)—see Practice Note: AA 1996—interim and/or emergency relief—powers of the English court. Whereas AA 1996, s 43 is a mandatory provision (so its operation cannot be excluded by the parties’ agreement), AA 1996, s 44 is non‑mandatory and may have been expressly excluded in the parties’ arbitration agreement. The procedure under AA 1996, s 44...

This Practice Note sets out the statutory entitlement allowing a member of the public to insist that the highway authority puts a highway back into repair again. It explains the process laid down by section 56 of the Highways Act 1980 ( Hi A 1980), via the magistrates’ court, for deciding whether a highway is out of repair. It does not address establishing that a way is a highway, nor that the highway authority bears responsibility for its upkeep, where that is in dispute. It also extends to drains, structures, public footpaths and bridges. Duty of the highway authority A highway is a route over which any member of the public enjoys a right to pass and repass, free from obstruction, throughout every season of the year. Under Hi A 1980, s 41, the highway authority is obliged to maintain the highway. The...

Note This table sets out a concise overview of individual personal and debt management procedures from a dispute resolution standpoint. See Practice Note: Personal insolvency for dispute resolution practitioners: bankruptcy. Name of process, nature of process, and effect on court proceedings are summarised here. Bankruptcy Nature of process: A formal court procedure by which a debtor is discharged from liabilities they owe, with a trustee in bankruptcy usually appointed to realise the assets forming the bankruptcy estate and, where there are sufficient realisations, to distribute a dividend to creditors. An undischarged bankrupt may not act as a company director, or hold certain other positions, without the court’s leave, and must not obtain credit over £500 without first stating they are undischarged. Effect on court proceedings: The process begins when a creditor issues a bankruptcy petition in court, or when the debtor makes a bankruptcy...

The table below sets out a comparison of the features and benefits of a scheme of arrangement (see: Schemes of arrangement—overview) against two alternative procedures in England and Wales, the company voluntary arrangement ( CVA) (see: Company voluntary arrangements—overview) and administration (see: Administration—overview). Although schemes and CVAs are genuine substitutes, and cannot be pursued together, administration is a separate insolvency process that can be combined with either a scheme or a CVA (see Re Petropavlovsk plc (in administration), where schemes were used to exit the administrations). Control of process Scheme of arrangement: A scheme is not a formal insolvency process, and making a court application in connection with a scheme does not disturb the company’s management. CVA: A CVA proceeds under the oversight of the nominee/supervisor, who must be an insolvency practitioner; nevertheless, the directors remain in charge of the...

CASE HUB NOTE—appeal lodged before the CAT in 1380/1/12/21 ARCHIVED–this archived case hub reflects the position at the date of the decision of 4 November 2020; it is no longer maintained. See further: timeline, commentary, and related cases. Case facts Outline CMA inquiry under Article 101 TFEU/ Chapter I concerning Comparethe Market, regarding purported deployment of retail-wide most favoured nation ( MFN) terms within agreements with home insurance suppliers. Latest developments On 19 November 2020, the CMA issued an infringement decision, concluding that from December 2015 to December 2017 BGL ( Holdings) Limited, BGL Group Limited, BISL Limited ( BISL), and Compare The Market Limited (collectively, BGL) contravened the Chapter I prohibition and Article 101 TFEU by requiring broad MFN clauses from home insurance providers trading via its platform. The CMA levied a financial penalty of £17,910,062. Those MFN terms were imposed...

Built to help solicitors compare legal variations across two or more different jurisdictions within any given practice area, it draws on the Lexology Panoramic Guides to produce more than two billion results in response to your comparison queries. This is a valuable......

This Practice Note sets out, in table form, the key distinctions between secure, introductory and flexible tenancies in England, addressing the tenancy’s term and status, the nature of the landlord, and the right to buy. From 1 December 2022, tenancies and licences of dwellings in Wales are regulated by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016), subject to certain exceptions. The terms of both existing and new tenancies must be reviewed against RH( W) A 2016 to decide whether they are occupation contracts for the purposes of that Act and, if so, which category of occupation contract applies. Any tenancy or licence that is an occupation contract must comply with the Act’s comprehensive regime, which includes, among other requirements, providing a written statement setting out the contract terms. For further information, see Practice Notes: Renting Homes ( Wales) Act 2016—a summary of the key...

The Law Society’s Wills and Inheritance Quality Scheme ( WIQS) The Law Society’s WIQS, introduced in 2013, operates through a set of detailed practice policies covering Will drafting and estate administration. The protocols within the Will drafting element do not lay down a strict, sequential method for creating a Will, as the correct approach depends on the individual client and any recent legal developments that may not yet appear in the protocols. Rather, they offer a framework for how a practice should approach Will drafting to secure WIQS accreditation. The scheme also requires Will drafters to be alert to the many potential pitfalls and issues that may arise, together with ways these might be managed. WIQS—general principles As set out by the Law Society, WIQS is intended to deliver a quality standard for producing Wills and administering estates. Its key elements...

This Practice Note outlines a comparison of the key remuneration principles contained in: UK Corporate Governance Code (the Code), issued by the Financial Reporting Council ( FRC) Investment Association ( IA) Principles of Remuneration Pensions UK Stewardship and Voting Guidelines published by Pensions UK (formerly the Pensions and Lifetime Savings Association ( PLSA), and before that the National Association of Pension Funds ( NAPF)) UK Shareholder Voting Guidelines published by Pensions & Investment Research Consultants Ltd ( PIRC) Policy Guidelines for the UK published by Glass Lewis UK and Ireland Proxy Voting Guidelines published by Institutional Shareholder Services ( ISS) Remuneration Committee Guide published by the Quoted Company Alliance ( QCA) The influential bodies and guidance The UK Corporate Governance Code The FRC oversees corporate governance in the UK and therefore publishes and maintains a single code of good...

STOP PRESS : This Practice Note reflects the current legislative position, however please note that certain elements will be impacted by the Digital Omnibus proposals published on 19 November 2025 pursuant to the Commission’s ‘simplification’ agenda. For more detail, see Practice Note : EU Digital Omnibus—tracker. This Practice Note sets out an overview and comparison of four core EU digital laws: Regulation ( EU) 2022/1925, the EU Digital Markets Act ( EU DMA)—see Practice Note: The EU’s Digital Markets Act Regulation ( EU) 2022/2065, the EU Digital Services Act ( EU DSA)—see Practice Note: The EU Digital Services Act Regulation ( EU) 2023/2854, the EU Data Act—see Practice Note: The EU Data Governance Act and EU Data Act Regulation ( EU) 2024/1689, the EU AI Act—see Practice Note: The EU AI Act Pursuing its aim to digitally transform the EU and deliver ‘ A Europe Fit for the Digital Age’, the...

Maritime arbitration organisations Many maritime disputes are resolved under the procedural frameworks of specialist maritime arbitration bodies, which advocate and circulate model arbitration clauses. In most cases, those bodies do not themselves run or supervise the proceedings. Historically, the principal centres have been London and New York. Yet, as trade has shifted from Europe and North America towards the Asia– Pacific, new institutions have emerged, notably in China ( Beijing and Shanghai) and in Singapore. The foremost organisations are the London Maritime Arbitrators Association ( LMAA), the Society of Maritime Arbitrators ( SMA), the China Maritime Arbitration Commission ( CMAC) and the Singapore Chamber of Maritime Arbitration ( SCMA). A synopsis of the current procedural rules for each appears in the table below. Comprehensive information about these bodies, including their panels of arbitrators and their rules, is available on their websites, which are...

ARCHIVED This Practice Note has been archived and is no longer maintained. Set off principles In insolvency scenarios, set off is regulated in most European jurisdictions. A debtor company will often wish to invoke set off, as it cuts the dividend otherwise payable to a creditor. Creditors benefit too, as they are paid in full to the extent that set off applies. This leaves them better placed than if they had to rank pari passu as unsecured creditors alongside others. In substance, the creditor’s liability to the insolvent estate functions as a form of security. The policy rationale is fairness: a creditor required to perform an obligation in full should not receive only partial satisfaction of its claim against the insolvent estate. Observing set off rules ultimately lowers the cost of credit and the burden of regulatory capital. That said, some...

Middle East and Far East Markets This Practice Note outlines distinctions between the Sukuk markets in the Middle East and Far East, highlighting recent trends and commonly adopted structures. For further information on Sukuk transactions and structures, see the Practice Notes on the structure and elements of a Sukuk transaction, and on Sukuk documentation and transaction mechanics. The Sukuk market is expanding as an alternative to conventional debt for corporates and investors seeking a Shari’ah-compliant approach. It is likewise attracting non‑ Shari’ah‑compliant institutions and investors as a credible substitute for traditional financing. Significantly, Sukuk offers access to a pool of Shari’ah‑compliant investors, often regarded by conventional players as an underexplored source of capital. Although already a sophisticated marketplace across the Middle and Far East, recent developments show growing diversification and globalisation. ‘ Conventional’ financial centres, including Hong Kong, London and...

There is no definition of ‘failure’ of a company voluntary arrangement ( CVA) in the Insolvency Act 1986 ( IA 1986). The Act neither sets out when such failure is deemed to occur nor the consequences that would follow. Nonetheless, IA 1986 acknowledges that an arrangement might ‘come to an end prematurely’ (see IA 1986, ss 5(2A)(b), 6(3)). That situation is described as arising where the CVA ceases to operate because ‘it has not been fully implemented in respect of all persons bound by the arrangement’ (see IA 1986, s 7B). The Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, govern CVAs and prescribe certain steps once an arrangement is terminated; within not more than 28 days of termination of the voluntary arrangement, the supervisor must give notice that the CVA has been brought to an end (see IR 2016, SI...

What is a CVA? A company voluntary arrangement ( CVA) is an agreement between a company and its creditors, overseen by an insolvency practitioner. That practitioner is initially the ‘nominee’, becoming the ‘supervisor’ once the arrangement takes effect. A CVA is typically put forward by the company’s directors, although an administrator or liquidator can also make the proposal. Its objective is to compromise the company’s debts or to set out a scheme for managing its affairs. The principal legislative sources are sections 1–7B of the Insolvency Act 1986 ( IA 1986) and Part 2 of the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024. For further reading on CVAs, the steps to implement them and their effect, see the following Practice Notes: Company voluntary arrangements—an introductory guide In what circumstances can a CVA be proposed and by whom? The CVA...

This Practice Note provides an overview of company voluntary arrangements ( CVAs) and their effect on legal proceedings from a dispute resolution angle. What is a CVA? A CVA is a contractual deal between a company and its creditors, serving as the corporate counterpart to an individual voluntary arrangement for individuals. The principal advantages of a CVA are: no requirement to prove insolvency, enabling steps to be taken early at the first indications of financial difficulty if the requisite majority approves—75% in value of creditors present in person or by proxy and voting on the proposal, and not opposed by more than 50% of independent creditors (ie those who are not associates)—it can be imposed on unsecured dissenting creditors; this process is known as cramdown (see Practice Note: The CVA proposal and procedure) the proposal binds creditors who are unaware of the CVA...

The company voluntary arrangement ( CVA) proposal The CVA proposal sets out the terms of a compromise between a company and its creditors, so it must be thorough and correct. Where the proposal or the surrounding circumstances are intricate, a lawyer should prepare or review the draft to ensure it faithfully captures the intended arrangement. The document must be plain and easy to follow. It should also be fair to the company, its creditors and any other parties affected. This does not require identical treatment for all creditors, but to minimise the chance of challenge, any differential treatment must be defensible (see Practice Note: Challenging the approval of a CVA—unfair prejudice, material irregularity). A CVA can be put forward by: the directors, where the company is not in an insolvency process, or an administrator or liquidator If the CVA concerns a regulated firm (that is, firms...

Specific issues can arise for CSOP options when the relevant company experiences a corporate event, including how that event affects outstanding CSOP options and whether the company may grant further CSOP options at or after that time. In most cases, the CSOP legislation and HMRC guidance—together with the particular provisions of the plan rules and grant documents—will be highly pertinent to the actions available to the company in these circumstances. This Practice Note addresses: tax relief for the exercise of CSOP options on specified corporate events CSOPs and flotations CSOPs and Private Intermittent Securities and Capital Exchange System ( PISCES) trading events adjustments to CSOP options on bonus / rights issues and other variations of share capital CSOPs and demergers, and exchange of CSOP options on a change of control Tax relief for the exercise of CSOP options on specified corporate events When a company undergoes a corporate event, a central point for any...

This Practice Note contains a glossary of some of the most common terms and phrases used in the context of the re-registration of a company A Word or phrase Definition AIM – A securities market run by London Stock Exchange plc, with less onerous entry standards and ongoing obligations than the main regulated markets. Formerly titled the Alternative Investment Market, now simply AIM. AIM company – A company that has a class of its shares traded on AIM. Application to re-register—private to public – The application is made on Companies House form RR01. Application to re-register—private to unlimited – The application is made on Companies House form RR05. Application to re-register—public to private – The application is made on Companies House form RR02. Application to re-register—public to unlimited – The application is made on Companies House form RR07. ...

Scope Part A1 of the Insolvency Act 1986 ( IA 1986) establishes a route by which directors of insolvent companies, or those likely to become insolvent, may obtain an initial moratorium lasting 20 business days. Its aim is to give otherwise viable businesses a protected window to restructure or secure new investment without creditor action. An insolvency practitioner is appointed as the ‘monitor’, while the directors continue to manage the company’s day-to-day affairs as a ‘debtor-in-possession’, subject to certain limits. The objective is a streamlined approach that minimises administrative burden, moves at pace, and avoids imposing disproportionate costs on distressed companies. Part 1A of the Insolvency ( England and Wales) Rules 2016, SI 2016/1024 ( IR 2016), sets out the procedural framework for the company moratorium. For further reading on the moratorium process, see Practice Notes: Moratorium Moratorium extension and...