Legal Practice Notes

This Practice Note sets out SRA requirements and guidance on applying for admission as a solicitor following a training contract. It does not address qualification through the Solicitors Qualifying Examination ( SQE) or via an apprenticeship. Admission requirements Under the training contract route, a trainee seeking admission must: Complete the academic stage by undertaking one of: a qualifying law degree the Common Professional Examination an Exempting Law Degree, ie a qualifying law degree that incorporates a Legal Practice Course an Integrated Course, ie a course combining the foundations of legal knowledge and the Legal Practice Course Complete the vocational stage by: passing the Legal...

Administrative review Administrative review is the principal remedy available to contest immigration decisions on applications that are not human rights or asylum claims. It is an internal reconsideration of a Home Office decision, undertaken by a Home Office official different from the original decision-maker, rather than by an independent tribunal or court. The in-country administrative review regime was introduced in stages alongside the appeals regime brought in under the Immigration Act 2014 ( IA 2014), which removed rights of appeal in many routes of entry and stay; that process was completed by 6 April 2015. From that date, the scope of administrative review under the Immigration Rules was expanded to include a number of entry clearance decisions and certain cancellation of leave decisions made at the border. There are significant waiting times for administrative review outcomes; at the time of writing, published Home Office...

This brief note outlines the actions required to return a company to the register by using the administrative restoration route after it has been removed at the behest of the Registrar of Companies under the Companies Act 2006 ( CA 2006). For a full analysis of the legislation, case law and process on administrative restoration, see Practice Note: Company restoration—administrative restoration. For a practical step-by-step overview, see Flowchart: Company restoration—administrative restoration—flowchart. When to use the administrative restoration procedure You may use administrative restoration where the company was struck off on the Registrar’s initiative in accordance with CA 2006 (see Practice Note: The Registrar's powers to strike off a company for further detail). Compared with applying to the court, this route is generally more straightforward, faster and less costly, though the court process remains available even where the striking off was initiated by the...

Steps prior to appointment The authority to appoint an administrative receiver sits with the holder of a floating charge, provided the following criteria are met: The security under which the administrative receiver is appointed must be a floating charge that extends over the company mortgagor’s assets, or a substantial proportion of those assets; The floating charge must be dated earlier than 15 September 2003......

Applicable legislation A limited partnership is wound up using the approach applied to an ordinary partnership, which in essence tracks and broadly mirrors the unregistered company winding‑up procedure (see SI 1994/2421, art 8 and Sch 4, and Practice Note: Winding‑up a general partnership as an unregistered company). The liquidation of any corporate partner, and the bankruptcy of any individual partner, take place under the standard insolvency regime, but with adjustments made and given effect by the Insolvent Partnership Order 1994 ( IA 1986, s 136(4) as modified by SI 1994/2421, Sch 4). The Insolvency ( Miscellaneous Amendments) Regulations 2017, SI 2017/1119, revise the rules for limited partnerships to bring them into line with the insolvency procedures applicable to other entities following wider reforms. Of particular relevance to limited partnerships, SI 2017/1119 updates the Insolvent Partnerships Order 1994, SI 1994/2421 ( IPO 1994),...

The moratorium is integral to any administration aimed at saving a company or enabling the restructuring of a business. This Practice Note explains what the moratorium is, how it applies in practice, and the considerations the court will assess when faced with an application to lift it. The purpose of the moratorium The objective of the moratorium is to provide the company or its administrators with breathing space to develop and implement proposals, and to examine the position of the company, its business and its assets. As outlined in the section below, ‘ The effect of the moratorium’, it imposes a stay on proceedings, actions and other steps against the company or its property for the relevant period, save with the consent of the administrator (if appointed) or with the court’s permission (leave). Within administration there are two forms of moratorium: the moratorium and the interim...

When a person not domiciled in Jersey dies leaving assets in Jersey worth more than £30,000, the asset‑holder is under a legal duty to seek a Jersey Grant of Representation and to receive it before any release of those assets. If the deceased left a Will, this will be a Grant of Probate; if there was no Will, it will be a Grant of Letters of Administration. The Royal Court of Jersey issues the Grant, and it must be produced to the asset‑holder prior to any distribution. Under Article 19(1) of the Probate ( Jersey) Law 1998—subject to Articles 19A to 19E and any other enactment—the production of a grant is required to establish the right to recover or receive any part of a deceased person’s movable estate located in Jersey. The Jersey Grant confirms who may lawfully receive the Jersey assets and...

This Practice Note explores an adjudicator’s jurisdiction/authority, including how it comes about, whether an adjudicator can issue a binding ruling on their own jurisdiction, and the effect (if any) of mistakes of fact, errors of law or procedural irregularities on that jurisdiction. For guidance on contesting an adjudicator’s jurisdiction, see Practice Notes: Grounds for a jurisdictional challenge in an adjudication and Making a jurisdictional challenge in an adjudication. What is the adjudicator’s jurisdiction? The adjudicator’s jurisdiction (or authority) is, at its core, the power to decide matters concerning the parties’ rights. The adjudicator’s authority derives from: the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996) the contract between the parties, and/or the applicable adjudication rules, such as the Scheme for Construction Contracts ‘ Adjudicator’s jurisdiction’ is also used to describe the scope of what they may determine, namely the dispute set out in the...

This Practice Note sets out the circumstances in which an adjudicator may step down, whether by choice or because they must, and summarises the applicable resignation procedure. For guidance on which party bears the adjudicator’s fees after a resignation, see Practice Note: An adjudicator’s fees and expenses. On the ability of a referring party to terminate an adjudication, see Practice Note: Abandoning the adjudication. Voluntary resignation Whether an adjudicator can resign of their own accord is dictated by the rules that govern the adjudication; in practice, if an adjudicator is unwilling to continue, there is little the parties can do (or may wish to do) to compel them to carry on. Typical grounds include illness or unforeseen personal matters, but most rules that allow voluntary resignation do not expressly oblige the adjudicator to provide reasons. Under the Scheme for Construction Contracts, an...

Prepared in collaboration with 4 Pump Court, this Practice Note explores the option of invoking insolvency proceedings to secure compliance with and give effect to an adjudicator’s decision. For direction and guidance on whether an insolvent party may commence an adjudication, as well as enforce any award made by an adjudicator, refer to the Practice Notes: The right to adjudicate— Restrictions and limitations on right to adjudicate; and Adjudication—resisting enforcement using a stay of execution— Claimant in liquidation, administration or a CVA. Use of insolvency proceedings in adjudication enforcement Insolvency proceedings are seldom the most efficient or suitable route to compel performance of an adjudicator’s decision. The Technology and Construction Court’s ( TCC’s) enforcement mechanisms are designed specifically for swift adjudication enforcement, and the applicable test differs from that ordinarily applied in insolvency matters and proceedings. In Harlow & Milner v Linda Teasdale, the TCC...

Produced in association with 4 Pump Court ARCHIVED: This Practice Note has been archived and is not maintained This Practice Note details how Part II of the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996) provisions on payment and adjudication in construction contracts were altered by the Local Democracy, Economic Development and Construction Act 2009 ( LDEDCA 2009). It also flags amendments to the Scheme for Construction Contracts. The HGCRA 1996, in its original form, commenced on 1 May 1998, and the LDEDCA 2009 changes apply to agreements entered into on or after 1 October 2011 in England and Wales. For background and a synopsis of the revisions, see Practice Note: Changes to HGCRA 1996 as at 1 October 2011 [ Archived]. Unless stated otherwise, the links in the table below point to the current (ie amended) versions of the HGCRA 1996 and the...

This Practice Note offers examples of decisions where the court has considered applications to adjourn a trial. It is presented as tables: the first provides instances in which an adjournment was granted, and the second records matters where the court declined to adjourn. For an outline of the principles applied by the courts when dealing with an adjournment request, see Practice Note: Adjourning trial... Trial adjourned—general Case details and analysis: R (on the application of Fiona Ford) v Coventry Magistrates’ Court [2025] EWHC 843 ( Admin). This was an appeal from an unsuccessful bid to adjourn magistrates’ court proceedings seeking a premises closure order... Grounds of the adjournment application: Additional time to obtain legal aid funding... Summary of decision: The court confirmed that the governing test is fairness. It should not be presumed that fairness dictates a single answer; in a given case,...

Why would an additional award be needed? If a tribunal overlooks one or more claims advanced in the arbitration (for example, interest or costs), the parties can seek an additional award addressing those discrete claims under section 57(3)(b) of the Arbitration Act 1996 ( AA 1996). In this context, a ‘claim’ is distinct from an ‘issue’ as that term appears in AA 1996, s 68(2)(d). A claim is the narrower concept: a single claim may generate multiple issues, or it may itself comprise a solitary issue (see Torch Offshore LLC v Cable Shipping). Section 57(3)(b) of the AA 1996 is confined to rectifying omissions in respect of whole claims that were left undecided. Determining whether such an omission occurred will typically involve examining the award to ascertain if the claim was actually determined. In Cadogan Maritime v Turner Shipping, the court cautioned against...

This Practice Note focuses on how to identify, store and share the knowledge held by in-house legal teams, and how that insight, once surfaced, can be harnessed to create value. Key topics include: the importance of consolidating legal knowledge defining the in-house legal team’s value delivering benefit to the wider organisation spotting and disseminating knowledge challenges and practical solutions ways to communicate the information methods for recording and managing information The importance of consolidating legal knowledge Ambition often collides with reality when considering a business’s accessible knowledge. People want swift access to a compact, clear source, yet they face a sprawling, leaky sea of material that fails them. Too often, the team’s collective know-how sits in sprawling, unruly boxes, with little structure or logic. So what is the remedy? It is time to bring record management up from the basement. Paper should no longer be the dominant medium for storing...

Rule 144A has operated since April 1990. This Practice Note examines the key legal issues when assessing whether to add a so‑called ' Rule 144A tranche' to a company's Main Market initial public offer ( IPO). It also considers further points that arise when a company weighs up accessing the US market by offering and selling shares to 'qualified institutional buyers' as defined in Rule 144A in connection with its Main Market IPO. What is a Rule 144A tranche? There are several ways for a company to extend the initial admission of its securities to listing on the Official List of the Financial Conduct Authority ( FCA) and to trading on the main market for listed securities of the London Stock Exchange ( Main Market) (initial public offer or IPO) to investors in the US, eg by means of: a public offering in the US (a...

Where an arbitration agreement designates arbitration under the Abu Dhabi Commercial Conciliation & Arbitration Centre ( ADCCAC), the proceedings will take place pursuant to the 2013 Procedural Regulations of Arbitration (the 2013 Regulations), which, among other aspects and matters, delineate the procedural framework of the arbitration. Consistent with international arbitration rules generally, that framework is intentionally light-touch so as to afford the parties and the Panel ( ADCCAC’s term for the tribunal) flexibility, and it frequently operates, in practice, only in the absence of a contrary agreement between the parties. This Practice Note relies on the ‘official’ English version of the 2013 Regulations. There are inconsistencies between Arabic and English as regards the translation of mandatory versus permissive terminology. The authoritative text is, however, Arabic, and Arabic will prevail if any dispute arises concerning the 2013...

ADCCAC—starting an arbitration— Request for Arbitration Under the Abu Dhabi Commercial Conciliation & Arbitration Centre ( ADCCAC) 2013 Procedural Regulations of Arbitration (the 2013 Regulations), an arbitration is commenced by lodging a Request for Arbitration (the Request)—see: ADCCAC—starting an arbitration— Request for Arbitration. This Practice Note relies on the ‘official’ English text of the 2013 Regulations. Variations exist between Arabic and English regarding the rendering of mandatory versus permissive expressions, and nuances may differ. The authentic text is Arabic and, in the event of any dispute over the 2013 Regulations, the Arabic version will take precedence and govern. The arbitration costs—covering the Centre’s charges and those of the Panel ( ADCCAC’s label for the tribunal)—must be remitted to the Centre at the commencement of the case and at the outset of the arbitration—see: Arbitrating under the ADCCAC Regulations 2013— Roles and...

ARCHIVED This archived Practice Note summarises the reforms introduced by the Finance Act 2004 on A-day (6 April 2006) and the principal features of the post A-day pensions tax regime. It is not maintained. For details of the current pensions tax position, see Practice Note: Tax treatment of pensions—an introduction... Changes made on A-day Registration The present pensions tax regime commenced on A-day. Prior to A-day, pension schemes needed to be treated as ‘exempt approved’ by the Inland Revenue (now HMRC) to obtain favourable tax treatment. From A-day onwards, this was replaced with a requirement for both occupational and personal pension schemes to be registered with HMRC. For further details, see Practice Note: Registration of pension schemes. Schemes that held exempt approved status before A-day were registered automatically on A-day, unless the scheme administrator chose not to register. For information on the pre A-day regime, see...

' Unconventional' petroleum ' Unconventional' petroleum is produced by methods beyond orthodox techniques (chiefly vertical and horizontal drilling). It embraces shale oil and shale gas (oil or gas contained within comparatively fissile shale strata that necessitate hydraulic fractionation, or ‘fracking’, to secure their release), coal bed methane (methane adsorbed onto the surface of coal seams), tight gas (gas confined in formations with permeability so low that fracking is indispensable) and hydrates (gas sequestered within ice-like crystalline water frameworks). For further details, see: Unconventional Oil & Gas—overview. A conventional joint operating agreement (conventional JOA) must be amended in several respects and in a number of areas to accommodate the distinct features of an unconventional petroleum venture in practice. For more on conventional JOAs, see Practice Notes: The purpose and the principles of the joint operating agreement and Joint operating agreements: operator and...

A rebuttable presumption exists that the owner of land directly abutting either: a public or private highway a non-tidal river or stream also owns the subsoil of the adjoining highway, or the bed of the adjoining river or stream, extending to the centre line. In consequence, a transfer or lease of that land will be presumed to embrace that part of the highway, river or stream, without the need for any express mention of it. No explicit reference is required. For a highway, this presumption is termed the ‘ad medium filum viae’ rule. It rests on practical convenience—so as to avoid disputes about precise boundaries—and on the supposition that each proprietor contributed a slice of land when the highway was formed. It is a blend of convenience and presumed contribution. For a river or stream, the principle is called the ‘ad medium filum aquae’ rule, which...