Legal Practice Notes

When a company or an individual is in financial distress, a mortgagee will often move to realise its security by appointing a receiver, provided the security instrument allows it. This Practice Note addresses the position where the mortgagee is slow to act and, by the time enforcement and a sale of the charged asset are contemplated, the company that granted the security is already in administration or liquidation (or, if the security was granted by an individual, that person is already the subject of bankruptcy proceedings). Before any receiver is appointed, carry out suitable insolvency searches to confirm whether the corporate or individual mortgagor is already within an insolvency process. For more detail, see the following Practice Notes: Insolvency searches for companies at the Central Registry What do insolvency searches at Companies House reveal? What do insolvency searches at The Gazette...

While the Court of Protection (the court) is able to issue a single, discrete order for a person who lacks capacity, that will not invariably be the most appropriate course. Where it is not, the court may instead direct that a deputy be appointed to handle the specific matter or to act on a continuing basis, particularly where the incapacity is expected to endure into the future. The court’s authority to appoint a deputy sits in section 16 of the Mental Capacity Act 2005 ( MCA 2005). From January 2023, the route for appointing a property and affairs deputy was altered. Before then, applications were paper-based, begun by lodging a COP1 form with supporting documents; the court would then issue the application, after which the relevant parties were served/notified. A new upfront notification model was trialled in 2021, under which the person to whom the...

This Practice Note offers practical direction on pursuing a safeguard investigation with the UK’s Trade Remedies Authority. It explains who may apply, what to consider before applying, how to obtain and lodge an application, the required content of the application, how to prepare a non-confidential version, guidance on completing the form, and how the application will be evaluated. Who can apply? Only the UK industry, acting itself or on its behalf, may submit an application for an investigation. The UK industry is either: all UK producers of the like product, or those UK producers whose combined output of the like product represents a major proportion of total UK production of such products The application must also show, within the document itself, the extent of UK industry support for, or opposition to, the request, including: the total UK volume and value of...

This Practice Note This Practice Note examines how the courts of England and Wales ( English courts) apply foreign law when resolving disputes, explaining what ‘foreign law’ means and its relevance within English proceedings. the date at which it must be ascertained, that, in the English courts, foreign law is a question of fact, the obligation to plead any relied‑upon foreign law, the effect of foreign law on disclosure, adducing expert evidence of foreign law, the influence of foreign law when assessing interest, its impact on summary judgment or strike out applications, and case management considerations. Note that many of these issues may not apply elsewhere. In some jurisdictions, foreign law is regarded as law rather than fact, or the court may apply it without a party pleading it in their statements of case. If...

This practice note discusses the ability for a disqualified director to apply for permission to act as a director despite disqualification, using s 17 of the Company Directors Disqualification Act 1986 ( CDDA 1986). It outlines the legal context in brief, and then focuses on the considerations the court may weigh when deciding whether to grant leave. For guidance on the procedural steps to seek leave, see Practice Note: Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—jurisdiction, parties and the application procedure. For information on potential terms the court may attach to any permission, see Practice Note: Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—possible conditions attached to leave. Directors may face disqualification under various statutory routes. For the purposes of these permission notes, the focus is on...

Background The European Economic Area ( EEA) emerged in 1990, driven by then European Commission President Jacques Delors to forge the world’s largest internal market, culminating in the EEA Agreement and the EEA’s creation. The EEA links 27 EU Member States: Austria Belgium Bulgaria Croatia Cyprus Czech...

Most planning outcomes can be challenged by way of an appeal. The process and time limits differ according to the appeal route. For guidance on contesting decisions on planning applications, see Practice Note: Planning appeals. Before launching an appeal, it is often sensible to speak to the relevant local planning authority ( LPA) about the concern, as matters may be settled more swiftly and simply than through formal steps. In England, the Planning Practice Guidance ( PPG) and material from the Planning Inspectorate ( PINS) outline how to appeal a range of planning decisions. In Wales, the Welsh government has published a series of guidance notes on the procedures for appeals against a variety of planning decisions. The governments in England and Wales also publish specific guidance for each appeal type, set out under the relevant categories...

The Tribunal Established in 2010, the Tribunal sits within the General Regulatory Chamber ( GRC), one of the seven Chambers of the First-tier Tribunal in England and Wales. The GRC considers a broad range of appeals arising from decisions of public bodies, covering areas such as charities, examination boards, food safety and the welfare of animals. For environmental matters, where an individual or a company disputes a civil sanction or a notice served on them, they may bring an appeal to the GRC of the Tribunal. What the Tribunal does not handle Criminal offences, which should ordinarily be pursued through the criminal courts. Complaints about the regulator, which should be addressed via the regulator’s own complaints procedure, or through the Local Ombudsman; or, where the allegation concerns an unlawful decision, act or omission, by way of judicial review (see Practice Note: Judicial...

Note, this Practice Note provides guidance solely on appealing the decision of an authorised court officer in detailed assessment proceedings. It does not address appeals from a detailed assessment conducted by a costs judge or a district judge. Appeals from judges are governed by CPR 52 ( Appeals). What is the process for appeals in detailed assessment proceedings? The destination of appeals is prescribed by the Access to Justice Act 1999 ( Destination of Appeals) Order 2016, SI 2016/917 ( CPR PD 47, para 20.1). The procedure differs depending on whether the decision-maker was an authorised court officer or a judge: authorised court officer—any party may appeal a decision made in detailed assessment proceedings ( CPR 47.21) these appeals are dealt with under CPR 47.21– CPR 47.24 and CPR PD 47, para 20.1– CPR PD 47, para...

This Practice Note considers the availability of anti-suit injunctions in support of arbitration from New York courts. Lexis Nexis® UK does not report citations to US judgments. Parties that have committed to arbitration may, once a dispute surfaces, reconsider that choice—particularly if one believes a court might deliver a more advantageous result. However, Section 3 of the Federal Arbitration Act ( FAA) obliges courts to stay proceedings ‘brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration...until such arbitration has been had in accordance with the terms of the agreement’, so long as the party seeking the stay has not ‘default in proceeding with such arbitration’ or otherwise relinquished its right to arbitrate (9 U. S. C. § 3; Katz v Cellco P’ship, 794 F.3d 341, 345 (2d Cir....

Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014) overhauled the suite of tools for tackling anti-social behaviour ( ASB). Its purpose was to bring remedies together and make their use more straightforward and effective. In July 2014 the government published new statutory guidance, Reform of anti-social behaviour powers: statutory guidance for frontline professionals. Updated in August 2019; Revised in January 2021 to reflect the Sentencing Code, introduced by the Sentencing Act 2020 ( SA 2020), which repealed and replaced Part 2 of the ABCPA 2014; Amended in June 2022 to include Expedited Public Spaces Protection Orders; Refreshed in March 2023 to coincide with the launch of the ASB Action Plan and promote greater consistency in the use of powers and tools. The opening section of the statutory guidance puts victims first, placing them at the centre of the response to...

This Practice Note Sets out answers to common questions on how the right to paid annual leave interacts with maternity leave and with other categories of family leave, namely: adoption leave parental leave shared parental leave paternity leave neonatal care leave parental bereavement leave bereaved partner’s paternity leave This Practice Note provides: concise responses to the FAQs, and links to more in-depth guidance within our core materials on paid holiday entitlement, including the following Practice Notes: Statutory paid holiday—the right Statutory paid holiday—calculating holiday pay Statutory paid holiday—carry-over Statutory paid holiday—payment on termination Statutory paid holiday—enforcement and claims Paid holiday—contractual issues The FAQs consider the position of: all workers for holiday years beginning on or before 31 March 2024 workers, other than irregular hours or part-year workers (as defined by WTR...

General Throughout the duration of an agreement (and sometimes afterwards), one or more of the parties may wish to notify third parties about particular matters relating to the existence of the agreement, its subject matter, or developments arising from the operation of the agreement. The kind of information envisaged is that typically found in public announcements or press releases issued by one or more of the parties (eg to brief investors, prospective investors, the media, potential customers, or regulatory authorities). Such announcements are usually distinct from information generated through the performance of the agreement itself (eg in a consultancy arrangement, the consultant might produce routine reports on the tasks undertaken and supply that information to its client and, in some cases, to third parties). Nevertheless, the parties will not wish to permit each other to disclose information to third parties without restraint and will...

This Practice Note sets out an overview of the powers exercised by the courts of England and Wales ( England and English are used for convenience) in connection with arbitral proceedings under English law and the Arbitration Act 1996 ( AA 1996), as amended by the Arbitration Act 2025 ( AA 2025), which received Royal Assent on 24 February 2025 and will be in force on the day of the statutory instrument. Further guidance can be found in Practice Note: A guide to the Arbitration Act 1996 ( AA 1996) and the ‘ Related documents’... The general principle—minimal interference by the courts in the arbitral process The AA 1996 is founded on three core principles, one of which safeguards party autonomy in arbitration while keeping court involvement to a minimum. That said, the English courts do possess certain powers to bolster the arbitral process. Many of these...

UNDER REVIEW: This Practice Note is currently under review following the publication of the SRA Anti- Money Laundering Training - Thematic Review, issued on 30 October 2024. The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended, set out staff training and awareness obligations that are compulsory for firms within scope of MLR 2017 (relevant persons). Even where MLR 2017 does not apply to your firm, the Proceeds of Crime Act 2002 ( POCA 2002) and the Terrorism Act 2000 ( TA 2000) still apply to partners and staff as private individuals; eg if they become involved in matters they know or suspect are linked to money laundering, they have a legal duty to report it. The SRA also requires you to ensure managers and staff are competent to perform their role, and that...

Ability to vary a planning permission once granted Once planning permission is in place, any development it authorises must at all times be carried out strictly in accordance with the conditions attached, including compliance with any plans cited in those conditions, and with any linked legal agreements. See Practice Note: Planning conditions—key points for more information. Nevertheless, revisions to an approved development are commonly required after permission has been given. This can arise for many reasons—for example, unforeseen matters may surface following the grant, prompting a move away from what has been consented, or simply because the design process is protracted and tends to evolve even once consent exists, ultimately resulting in changes to the scheme over time in practice......

Can you amend a planning permission once granted? Once planning permission is in place, the development it authorises has to be carried out in line with the attached conditions, see Practice Note: Planning conditions—key points. Nevertheless, changes to a consented development are often required for a range of reasons after permission is granted. The Town and Country Planning Act 1990 ( TCPA 1990) therefore provides powers enabling local planning authorities ( LPAs) to permit amendments to planning permissions through the following routes: applications for non-material amendments under TCPA 1990, s 96A applications for variations of conditions attached to a planning permission under TCPA 1990, s 73 in England only, once section 110 of the Levelling-up and Regeneration Act 2023 comes into force, applications for material variations in planning permission under TCPA 1990, s 73B Where proposed changes cannot be dealt with via TCPA 1990, s...

THIS PRACTICE NOTE APPLIES TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES Sponsoring employers and trustees of defined benefit occupational pension schemes may need to alter a scheme’s provisions for a range of reasons. For instance, an employer might wish to: modify the scheme’s benefit structure take account of legislative changes close the scheme to new members close the scheme to future accrual of benefits introduce a new defined contribution section Whatever the reason, before making or agreeing to any amendment to an occupational pension scheme, sponsoring employers and trustees should ensure they comply with their legal obligations under statute and common law. Employer considerations Sponsoring employers should carefully consider their duties under statute and employment law before implementing amendments to a scheme......

CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 4 May 2017; it is no longer maintained. See further the timeline, commentary and related cases for further context. Case facts Outline European Commission investigation under Article 102 TFEU into suspected anti-competitive behaviour in the e‑books market by Amazon, with a particular focus specifically on most‑favoured‑nation ( MFN) clauses ( Case AT.40153). Latest developments On 4 May 2017, the Commission accepted binding commitments from Amazon and brought its investigation to a close. Under these commitments, Amazon will: not enforce (i) any relevant provisions obliging publishers to grant Amazon terms and conditions matching those given to Amazon’s rivals, or (ii) any such provision compelling publishers to notify Amazon of those terms and conditions......

Tenants often undertake fit-out works at, or even before, the commencement of a lease. They might also complete refurbishment or additional fit-outs during the term. Fit-outs are usually internal and non-structural, while refurbishments can be more extensive. On occasion, tenants may wish to carry out major structural alterations, such as: combining units by removing internal walls installing staircases/escalators between floors adding roof canopies constructing extensions Whatever the nature of the tenant’s works, both landlord and tenant must consider the insurance implications. The landlord’s insurance position During works Typically, a landlord’s policy will only insure the works once finished, and even then often only where they become part of the insured property (for example, structural elements) rather than interior fittings. Accordingly, the landlord should require the tenant to insure the works during construction. This obligation should appear in the licence for...