Legal Practice Notes

What is grant funding/public subsidy for affordable housing? Affordable housing grants have been around for many years, but a structured capital funding framework designed to underpin affordable housing delivery only truly took hold from the 1980s with the coming into force of the Housing Act 1988 ( HA 1988). Initially confined to housing associations, grant support described as ‘social housing assistance’ is now open to a broader category of beneficiaries (see Who can apply for grant funding/public subsidy for affordable housing? below), and responsibility for the regime’s operation is split between the Homes and Communities Agency (trading as Homes England) and the Greater London Authority (the GLA). Although other public bodies (such as local authorities and combined authorities) may exercise grant-awarding functions, this Practice Note concentrates on the grant regime administered by Homes England and the GLA and on the provision of social housing...

CASE HUB ARCHIVED – this archived case hub reflects the position at the date of the decision of 2 September 2013; it is no longer maintained. See further, timeline and related cases. Case facts Outline: Summary of a UK merger review into AEG’s completed acquisition of the management contract to run and operate the Wembley Arena in London. Latest developments The CC cleared the deal without conditions on 2 September 2013, upholding its provisional conclusions. Parties Parties are AEG Facilities UK ( AEG) and Wembley Arena. AEG currently runs three other indoor live entertainment venues in London—the O2 Arena, the Hammersmith Apollo and Indig O2. It was recently awarded a five‑year agreement to stage summer concerts in Hyde Park. Wembley Arena is among London’s leading live entertainment venues and, before AEG assumed the contract, it was run by Live...

The family home represents a significant asset for any individual. Key considerations include: how it ought to be owned; the applicable tax treatment; which estate planning avenues are available and their tax consequences. Co-ownership For many married couples, civil partners or cohabitees, the family property is typically the most valuable holding. As a rule, co-ownership should be weighed up unless there are particular reasons—personal or tax driven—for placing the title solely in one person’s name. In law, co-owners always hold the legal estate as joint tenants, so HM Land Registry records the legal title jointly. Nevertheless, the beneficial or equitable interests may take the form of either a joint tenancy or a tenancy in common. Joint tenancy A valid joint tenancy requires the presence of four ‘unities’: unity of title; unity of time (the joint tenancy must begin and end on the same date for all...

This Practice Note summarises the law in relation to adultery in divorce proceedings that were issued prior to 6 April 2022 . It outlines how adultery is defined within divorce cases in the context of divorce proceedings and the proof required to establish it, including reliance on confessions or admissions. It also addresses intolerability, the consequences of spouses remaining together after becoming aware of adultery, and the status of any co-respondent named. The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are governed by DDSA 2020 and are subject to its provisions, as well as procedural changes under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For further information and context, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act...

This Practice Note outlines the legal framework regulating adult social care in Wales, with a focus on where it differs from the English arrangements. The principal legislation, regulations and guidance considered are: Social Services and Well-being ( Wales) Act 2014 ( SSW( W) A 2014) Care and Support ( Assessment) ( Wales) Regulations 2015, SI 2015/1305 Social Services Complaints Procedure ( Wales) Regulations 2014, SI 2014/1794 SSW( W) A 2014, Code of Practice Headline differences between adult social care in England and Wales Commencing on 6 April 2016, the SSW( W) A 2014 introduced wide-ranging reforms to local authority ( LA) responsibilities in Wales. Many aspects are comparable to measures adopted in England under the Care Act 2014 ( CA 2014). The CA 2014 does not apply in Wales. For guidance on LA duties in England, see Practice Note: Local...

Traditionally, parties have tended to pursue litigation instead of opting for the less adversarial avenues of alternative dispute resolution ( ADR). A trust, which imposes binding equitable duties on trustees that beneficiaries can enforce, is founded upon a fundamentally personal connection. When conflict arises, that personal bond can come under scrutiny for multiple reasons, including arguments over the trust’s validity or allegations of poor administration by the trustees. Clashes between trustees and beneficiaries can be distressing and often cast a shadow over any prospect of a constructive relationship going forward. While some matters can only be settled through the courts, judges generally anticipate that the parties will first attempt to settle their differences by alternative methods. In contentious estate issues, as with many trust quarrels, there is commonly a personal link between the individuals and psychological elements at play, such as the impact of the...

Created in collaboration with 4 Pump Court, this Practice Note examines typical features of adjudication clauses in construction contracts, together with the adjudication processes set out in standard form construction contracts and widely used adjudication rules, such as the Scheme for Construction Contracts (the Scheme) and those issued by industry bodies. Adjudication clauses in construction contracts These clauses most often appear in construction agreements, principally because the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996) requires every construction contract to include a compliant adjudication procedure. If a contract omits compliant terms, the provisions of the Scheme for Construction Contracts (the Scheme) are implied (under HGCRA 1996, s 108(5)). Typically, an adjudication clause identifies the process or rules that will govern matters if either party elects to begin an adjudication—see Precedent: Adjudication...

Arbitration under the Abu Dhabi Commercial Conciliation & Arbitration Centre ( ADCCAC) 2013 Procedural Regulations of Arbitration (the 2013 Regulations) Proceedings governed by the Abu Dhabi Commercial Conciliation & Arbitration Centre ( ADCCAC) Procedural Regulations of Arbitration 2013 (the 2013 Regulations) take place before a tribunal (the Panel). Under article 8, the Panel must comprise an odd number of arbitrators and may consist of one or more members. Where the parties have not fixed the size of the tribunal, the default is appointment of a sole arbitrator, unless the ADCCAC Centre (the Centre) decides—having regard to the amount, nature, or circumstances of the dispute—that more than one arbitrator should be named (see: Arbitrating under the ADCCAC Regulations 2013— Roles and definitions). This Practice Note relies on the ‘official’ English text of the 2013 Regulations. There are inconsistencies between the Arabic and English versions...

Arbitration clauses Arbitration clauses stipulate that disputes are resolved by a constituted arbitral tribunal and may appear in both domestic and international settings. An arbitration clause may, or may not, nominate an institution—such as the International Chamber of Commerce ( ICC) or the London Court of International Arbitration ( LCIA)—to administer the case under its own rules or other rules. A clause may equally call for proceedings that are not institutionally administered but are conducted in line with established procedural rules, for example the UNCITRAL Arbitration Rules. In practice, most ad hoc arbitrations proceed under the UNCITRAL Rules because they offer a recognised and well-tested framework for the conduct of proceedings. A further advantage of adopting the UNCITRAL Arbitration Rules is the provision for an appointing authority to constitute the arbitral tribunal, enabling the arbitration to move forward where a respondent attempts to stymie the...

What happens to rent deposits on a sale? How a sale contract should treat rent deposits ultimately depends on the wording of the relevant deposit deeds. Sellers ought to scrutinise those deeds early to determine whether the tenant needs to be a party to any document because, inevitably, that step takes time, sits outside the parties’ control, and the tenant will usually have less commercial drive than the seller and the buyer to move promptly. There are generally three methods for handling rent deposits: assignment novation new direct covenants between the buyer (as the new landlord) and the tenant Whichever route is selected must match the deposit deed’s framework. It is crucial that everyone follows the deed’s stipulated process; otherwise the rent deposit may have to be repaid, which creates an issue for the buyer. Sellers’ solicitors do not always confirm the exact requirements before sending out the draft...

Introduction This Practice Note: sets out why lenders require particular undertakings in leveraged loan agreements outlines each undertaking’s framework and the usual permitted exceptions briefly compares how the same matters are dealt with under a high-yield bond covenant package It concentrates on four undertakings that attract the most negotiation, namely restrictions on: acquisitions disposals financial indebtedness dividends Each of these undertakings commonly features numerous exceptions, which can substantially reduce their practical effect. Those exceptions are influenced by: the target’s specific needs and existing finance documents the acquiring sponsor’s business plan and precedent loan documents the convergence of documentation techniques across the European loan, US Term Loan B ( TLB) and high-yield bond markets Over the last decade, the breadth of permitted activities within these general undertakings has expanded significantly, with sponsors selecting permissions from a range of...

Unlawful payments—general position When a company goes into liquidation or administration, dealings concluded prior to the opening of the insolvency proceedings can be scrutinised by the liquidator or administrator and, where the conditions are met, set aside by the court. This presents a hazard for creditors, who may find themselves in the unenviable position of having to repay company monies despite being properly owed those sums, and thereafter fall to be an unsecured creditor for that amount in any subsequent liquidation or administration, seeking to secure a dividend alongside other unsecured creditors. In these circumstances, the causes of action available to an administrator or liquidator can include: transactions at an undervalue preferences transactions to defraud creditors property dispositions after the commencement of the winding up The prospect of these transactions subsequently being unwound is greater where the company is insolvent or verging on insolvency. This Practice Note will consider only...

ARCHIVED: This archived Practice Note sets out the matters that the government and HMRC—and, in turn, employers and trustees—needed to address to deliver the abolition of DB contracting-out on 6 April 2016. It is not being updated and is provided purely for background. For more on DB contracting-out after abolition, see Practice Note: Legal regime applicable to Section 9(2B) rights and GMPs from 6 April 2016. From 6 April 2016, contracting-out on a salary-related basis (that is, DB contracting-out) ended. Schemes that were contracted-out salary-related ( COSR) immediately before that date ceased to be contracted-out automatically with effect from then. For additional detail, see Practice Note: Abolition of DB contracting-out—an introduction [ Archived]. To aid a smooth transition, the government and HMRC had to resolve a number of uncertainties and confront several challenges. Some points have not been conclusively settled. Note that benefits earned by members during COSR...

The AAA and the origins of the Established in 1926, the American Arbitration Association ( AAA) is a not-for-profit public service organisation delivering dispute resolution services. Its offerings include: mediation domestic and international arbitration For arbitrations, the AAA has developed several sets of rules. The most widely used—and the focus of this Practice Note—are the Commercial Arbitration Rules and Mediation Procedures, which encompass the Procedures for Large, Complex Commercial Disputes. These are known as the Commercial Rules and were amended with effect from 1 September 2022. A Fee Schedule applies to arbitrations under the Commercial Rules (effective 1 May 2018). Recognising rapid technological progress (eg generative AI) in arbitration, the AAA has launched a web centre to help AAA users navigate these changes. AAAi Lab gives AAA users, in-house counsel and law firms, and arbitrators access to: policy guidance ...

At the very start of the engagement process, there will be numerous criteria, including the initial selection criteria, that matter to you when evaluating a law firm’s performance. Whether there are 3 points or 103, we recommend capturing every one within a 'value matrix' accordingly......

What is third party litigation funding? Third party funding ( TPF) is now a significant element of the UK litigation landscape. This Practice Note addresses TPF obtained by a litigant under a litigation funding agreement ( LFA) with a commercial litigation funder, or another person who finances the case yet is not a party to the proceedings. A commercial funder’s objective is to invest for a prospective return, whereas a litigant typically seeks TPF either to pursue litigation they could not otherwise afford (thereby facilitating access to justice), or to manage their own financial exposure to the costs of bringing a case. Lord Justice Jackson, who led the 2010 Civil Litigation Costs Review, characterised TPF as funding provided by someone with no pre-existing interest in the dispute, commonly arranged on terms that: the funder is paid from any sums recovered as a result of the...

Although frequently seen in the setting of disputes, and thus litigation, set-off is fundamentally a matter of substantive law. This Practice Note identifies the principal factors for assessing whether a right to set-off exists, whether legal or equitable. It does not cover bankers’ set-off, insolvency set-off or the abatement of rent; for those, see: Are there different types of set-off? For guidance on pleading a right to set-off, see Practice Note: Pleading set-off. Are there different types of set-off? At its simplest, set-off may occur where two parties owe monetary sums to one another. There are five main forms of set-off: independent set-off (also called legal set-off or statutory set-off) transaction set-off (also called equitable set-off) contractual set-off insolvency set-off bankers’ set-off (sometimes referred to as current account set-off) Their core distinguishing features are outlined in Practice Note: Types of...

This Practice Note outlines the process and principal issues involved in a full extradition hearing under the Extradition Act 2003 ( EA 2003), and practical considerations. For additional reading on extradition proceedings, refer to these Practice Notes for detailed context and background: Extradition and the statutory framework—an introduction to extradition Extradition—arrest and initial procedure Arrest without a warrant under Part 2 of the Extradition Act 2003 Secretary of State’s function in extradition Statutory bars to extradition Non-statutory bars to extradition Extradition Appeals For guidance on how Brexit affects arrangements between the UK and EU, see Practice Note: Extradition and the statutory framework—an introduction to extradition— Extradition to the EU post- Brexit, in this context. The extradition hearing At the full hearing, the court decides whether the requested person ought to be extradited to the requesting state, or not. The matter is heard by a...

Note—to check if notification thresholds in Romania and worldwide are satisfied, please refer to: Where to Notify. 1. Have there been any recent developments regarding the Romanian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Romania? Romania’s merger control framework last changed with the Romanian Competition Council Merger Regulation adopted on 20 July 2017 (the 2017 Merger Regulation), which marked the most recent amendments and remains the reference for current practice. By contrast, notable changes have occurred in the Foreign Direct Investment ( FDI) screening sphere which, while separate from classical merger control, is highly pertinent for deals in Romania, influencing pre-closing obligations and related filings. From April 2022, a new statute governing FDI screening took effect: Government Emergency Ordinance No. 46/2022 on foreign direct investments ( GEO 46/2022), which gives effect to...

This Practice Note examines handling an application for a licence to assign an existing commercial lease (ie as a lease management transaction). It explains when and why a tenant seeks consent to assign and the commercial motivations for both landlord and tenant. It also outlines the transaction steps and guides you through the principal legal and commercial issues. A tenant’s lease determines how far it may dispose of the premises by assigning its lease. For guidance on negotiating an assignment clause in a lease, see Practice Note: Negotiation guide—alienation clauses—commercial leases... Understanding the commercial context—background and key concerns Almost invariably, commercial leases include restrictions and conditions on a tenant assigning the lease. See ‘ Is landlord’s consent required to the assignment?’ below... Tenant—key commercial drivers and issues A tenant may submit an application to assign at any point during the lease term. The capacity to assign the lease is...