Legal Practice Notes

This Practice Note summarises Bermuda trust law at a high level and signposts its distinctive characteristics, including expansive reserved powers rules, codified Hastings Bass measures, and adaptable perpetuity provisions. Bermuda’s trust legislation Trustee Act 1975 ( TA 1975) – addresses, among other matters, trustees’ powers, entitlements and duties, together with the Bermuda courts’ supervisory jurisdiction in trust matters. Trusts ( Special Provisions) Act 1989 ( TSPA 1989) – sets out Bermuda’s broad reserved powers regime, firewall protections, and rules on purpose trusts. Perpetuities and Accumulations Act 2009 ( Bermuda) ( PA 2009) – states that trusts created on or after 1 August 2009 may exist indefinitely provided they do not own Bermuda land, and permits the disapplication of the rule against perpetuities for earlier trusts. Trusts ( Regulation of Trust Business) Act 2001 – requires the licensing of persons...

Introduction The strand of domestic law that originally arose from EU obligations and was captured by the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) as retained EU law ( REUL) is, from 2024, referred to as ‘assimilated law’. This change follows the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023). The new label signals notable shifts in the domestic standing and handling of assimilated law. Its objective is to advance the process of bringing former EU rules into the UK’s legal system and to support their reform... Reminder: what was retained EU law ( REUL)? To understand the move from REUL to assimilated law, it is useful to revisit REUL, which was established by EU( W) A 2018. For background on EU( W) A 2018, see Practice Note: Brexit—key legislation explained. After the Brexit...

Extension of time to serve the claim form This Practice Note offers guidance on applying to extend the deadline for serving the claim form. It addresses party agreement to an extension of time, pre‑application considerations, and the steps for pursuing an application under CPR 7.6. The Practice Note sets out the rules and authorities relevant to any application to extend time for service of the claim form, and also considers the defendant’s right to have the order set aside. The guidance provided is specific to the claim form. As set out by the Supreme Court in Barton v Wright Hassall (2018), the purpose of serving the claim form on the defendant is to bring the contents of the claim form to the defendant’s attention so that they know the case against them. To ensure the defendant receives timely notice of the case against them, the CPR...

Effect of administration on LPA receivership The appointment of an administrator triggers a moratorium. During this period, a mortgagee is barred from enforcing its security—such as by appointing a receiver—unless the court grants leave or the administrator agrees. For further detail on the administration moratorium, see Practice Notes: The moratorium in administration and Lifting the administration moratorium—appointment of fixed charge receiver. Where a receiver is already in post and the company subsequently enters administration, a receiver over part of the company’s property must leave office if directed by the administrator. Promontoria ( Chestnut) Limited v Craig explored the basis on which administrators may require receivers to stand down; for more, see News Analysis: Administrators’ decision to remove receivers was unreasonable ( Promontoria ( Chestnut) Ltd v Craig and another). The decision in Carvill- Biggs v Reading concerned a lender that had appointed LPA receivers over a...

For guidance on when applications alleging abuse of process can arise in criminal cases, see Practice Note: Abuse of process in criminal proceedings. The procedure for advancing such an argument is set out in the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909. That procedural framework governs how such applications are made and managed in court. The court applies it throughout the process carefully. The applicant bears the burden, on the balance of probabilities, to establish some impropriety in the decision to prosecute, or in the way the prosecution has been pursued, such that either a fair trial is no longer achievable (the first limb) or it would no longer be fair to try the defendant (the second limb). Both defence and prosecution may call evidence. The prosecution must disclose relevant unused material. The judge determines the issue on the...

This Practice Note offers a concise overview of the principal features of Regulation S and the practical considerations of relying on Regulation S for English and other non‑ US lawyers; it is not intended as an exhaustive discussion of Regulation S. Background and scope of Regulation S Adopted in 1990, Regulation S was introduced to clarify the extraterritorial reach of the registration and prospectus delivery obligations under the US Securities Act of 1933, as amended (the Securities Act). The rule rests on a straightforward principle: any offer or sale of securities conducted within the United States of America ( United States) is potentially subject to the registration and prospectus delivery requirements of Section 5 of the Securities Act ( Section 5), while any offer or sale made outside the United States is not. Putting that premise into practice for international offerings is more...

This Practice Note outlines recommended immediate steps to take when your client is encountering delay with an application, or has received a refusal notice from the Home Office concerning an immigration application. The same overarching principles apply to applications made within the UK and overseas, although there are some variations in potential routes, set out below. Challenging decision-making delay Government departments can take time to reach decisions. In general, delay will only be amenable to challenge where it is pronounced, or where it is producing serious consequences for an individual, or both. What constitutes delay will depend on the facts of the particular case and the type of application. It is usually easiest to contest delay if there is strong evidence that the wait is having an adverse effect. For example, someone awaiting a decision might provide medical material showing that the delay is...

This Practice Note sets out procedural and practical points specific to appeals taken to the UK Supreme Court from rulings of the Inner House of the Court of Session in Scotland. Where steps are identical to those for England and Wales, it signposts our civil appeals guidance for the Supreme Court, covering the parts of the process that likewise govern Scottish appeals. For guidance on: appeals to and in the Sheriff Appeal Court, refer to Practice Notes: Introduction to the Scottish Sheriff Appeal Court, Special incidental procedures in the Scottish Sheriff Appeal Court, Starting an appeal in the Scottish Sheriff Appeal Court and Chapter 7 procedure in the Scottish Sheriff Appeal Court appeals to and in the Inner House of the Court of Session, refer to Practice Notes: Appeals to the Inner House of the Court of Session in Scotland,...

What is private international law? Private international law ( PIL), also known as the conflict of laws and distinct from ordinary domestic English law and public international law, addresses disputes that involve a foreign element. A ‘foreign element’ means a link to a legal system other than English law. Conflict rules belong to the internal law of a jurisdiction and therefore vary from place to place. When civil or commercial dealings extend beyond one country, the states concerned may have substantive rules that regulate the subject matter in very different ways. PIL offers a means of adjusting between these differing laws. In England, PIL comprises the rules an English court applies when deciding a case featuring a foreign element. After characterising the cause of action and isolating the issue in dispute, the court may determine that foreign, rather than English, law should govern. PIL rules are not the...

Part 14 of the Companies Act 2006 (the CA 2006) contains provisions which control: political gifts by companies to parties, other political bodies, and independent candidates in elections, and political spending undertaken by companies While only a small number of companies give money directly to politics or bear explicit political costs, the CA 2006 adopts broad definitions that can encompass forms of giving and spend that are not obviously or necessarily political. Accordingly, numerous companies table a standard resolution at each annual general meeting ( AGM) to authorise and confirm political donations and political expenditure. For an illustration of a shareholder resolution authorising such donations and spending, see Precedent: Notice of AGM of a listed public company......

This Practice Note provides guidance on when non-parties may access documents on the court file pursuant to the court’s inherent jurisdiction and CPR 5.4C. It explains the range of material a non-party or third party may obtain from the court, including statements of case, judgments and orders, further documents kept on the court file or stored within court records, and communications exchanged between the court and any party or other individual. Whether permission is required and the conditions that must be met to obtain access are addressed, including if granting access serves the interests of open justice, and the courts’ inherent jurisdiction to determine how that principle is exercised, as the court sees fit. It also outlines the steps and criteria for an application to view court documents and information, together with the mechanisms by which parties may curb access to...

Purpose A notices clause is frequently inserted into a contract to provide both sides with certainty and transparency around formal communications and the sending and receipt of notices between the parties to the agreement, including how they are given and received. Where no such clause appears, default statutory rules may step in (see Statutory provisions below). In the Court of Appeal in Khan v D’ Aubigny, Nugee LJ observed that a notice can be a document that imparts information as well as one that invokes or exercises a right. It is also commonly taken to mean a written notice bearing a degree of formality, though no fixed wording or prescribed format is demanded. Observing the requirements of a notices clause will often be critical across a variety of contractual contexts. By way of illustration, it typically matters when prolonging (or stopping the...

This Practice Note explains the process and methodology for securing a disclosure or inspection order against a person who is not a party to family proceedings under the Family Procedure Rules 2010 ( FPR 2010), including illustrative examples from case law. It also outlines other avenues by which a disclosure order can be obtained, together with the implications where public interest immunity is claimed. For practical assistance on the exchange of information between criminal and family agencies and jurisdictions, see the Practice Note: The disclosure of information between family and criminal agencies and jurisdictions. Background The FPR 2010 contain no mechanism for inspection (previously called production) appointments, which existed under the Family Proceedings Rules 1991 ( FPR 1991). Under that earlier regime, the respondent to the application was required to attend before the court and bring the documents identified in the order. In...

This Practice Note considers awards of compensation or damages for injury to feelings and psychiatric personal injury arising in discrimination and other prohibited conduct claims under the Equality Act 2010 ( Eq A 2010). Injury to feelings Eq A 2010 expressly permits damages for injury to feelings. In successful claims, some compensation under this head will almost invariably be granted. However, a tribunal is not obliged to award it and may properly refuse where only a matter of principle is engaged, or where there is merely a ‘technical’ instance of prohibited conduct and the ‘victim’ in fact suffered no injury to feelings. Injury to feelings—general principles Once a decision is taken to make an award for injury to feelings, the general principles set out below should be kept in view. The purpose of the award An award for injury to feelings aims to compensate individuals for the hurt caused by the...

This Practice Note explains the circumstances and procedure by which a defendant can advance a counterclaim or other ‘additional claim’ (including a claim for contribution or indemnity) against an existing party or a new party under CPR 20 and CPR PD 20, and considers whether it ought to be issued as a separate claim instead. It clarifies when the court’s permission is required, how to apply for that permission, and what must be provided with the application, including the evidence to be put forward. For general guidance on the contents, filing and service of the defence, see Practice Notes: Drafting the defence—formalities Drafting the defence—drafting tips Filing the defence Serving the defence For general guidance on drafting statements of case, see Practice Note: Drafting statements of case. What is an ‘additional claim’ and when might a party wish to make one? An ‘additional claim’ is ‘any claim other than the claim by the...

The Companies Act 2006 ( CA 2006) The Companies Act 2006 ( CA 2006) sets out provisions that restrict and regulate substantial property transactions entered into between a company and its directors (see Practice Note: Substantial property transactions—requirement to obtain members’ approval). This Practice Note provides a summary of the CA 2006 provisions concerning the consequences where a company enters into a substantial property transaction without securing the requisite approval of the members, or without making the arrangement expressly conditional upon such approval being obtained, as required. For the purposes of these statutory provisions, ‘director’ includes any person occupying the office of director, by whatever name described, and also includes a shadow director. If the company undertaking a substantial property transaction has equity shares listed within the equity shares (commercial companies) category, the UK Listing Rules ( UKLR), and notably UKLR 8 on related party...

Nature and purpose of a deposit Although this Practice Note focuses on commercial property, it also notes certain residential aspects. There is no common law duty on a buyer to pay, or on a seller to require, a deposit; a deposit must be expressly provided for within the contract. the seller’s security for the buyer’s fulfilment of the contract part payment of the purchase price on completion A deposit reassures the seller that the buyer will meet its contractual obligations. Unless the contract, read as a whole, evidences an intention to exclude forfeiture, the seller may forfeit the deposit if completion fails due to the buyer’s default. This holds true even where the contract does not expressly mention forfeiture. The law treats a deposit as money paid to guarantee performance of the agreement. In Samarenko v Dawn Hill House [2011] EWCA Civ 1445, the Court of Appeal...

What is commercial paper?...

The UK Corporate Governance Code ( UKCG Code) Issued by the Financial Reporting Council ( FRC), the UK Corporate Governance Code sets out benchmarks of good practice for board leadership and effectiveness, remuneration, accountability, and how companies engage with their shareholders. The Code applies to companies with a listing of equity shares in the equity shares (commercial companies) category, irrespective of whether they are incorporated in the UK or elsewhere, although other companies may choose, on a voluntary basis, to adopt some or all of its provisions. Under the Financial Conduct Authority’s UK Listing Rules ( UKLR), all companies with a listing of equity shares in the equity shares (commercial companies) category must either comply with the provisions of the UKCG Code or set out in their next annual report to shareholders the reasons for any departure from...

This Practice Note Sets out the legal position that applies where a party disposing of a land interest (the seller) is not recorded as proprietor at HM Land Registry and has either: already submitted an application to be entered as the proprietor; or not yet submitted such an application, but compulsory registration has nevertheless been triggered (whether by the transfer (or grant) to the seller, or by an earlier dealing). It also offers practical, procedural guidance on conducting due diligence for the acquiring party in these circumstances. The matters highlighted are of particular significance for any party acquiring a registrable interest in land, as they must ensure their interest can be registered at HM Land Registry without delay following completion (and, where relevant, within the applicable priority period). This Practice Note does not address investigating title to unregistered land—see instead the following Practice Notes:...