Legal Practice Notes

This Practice Note pertains solely to England. While the Academies Act 2010 ( Ac A 2010) also extends to Wales, the provisions establishing and funding new academies operate only in England. Wales has no academies. What is an academy school? In law, free schools fall within the academy category. Both are created or run under the Ac A 2010. When opened, academies commonly superseded earlier maintained schools. Most free schools have been founded as entirely new institutions, though a small number have transferred from independent school status. For this Practice Note, ‘academy’ includes ‘free school’ unless expressly stated otherwise. The definition of academy schools appears in Ac A 2010, s 1A. Academy schools are, in technical terms, independent schools; however, their independence is from the local authority ( LA) in which they are located, not from the state. Their funding is derived from the...

CASE HUB NOTE—appeal lodged before the General Court in Case T- 136/19 See further timeline, commentary and related/relevant cases. Case facts Outline European Commission Article 102 TFEU inquiry into Bulgarian Energy Holding ( BEH), Bulgargaz and Bulgartransgaz (gas infrastructure) (case AT.39849). Latest development On 17 December 2018, the Commission delivered its infringement decision. The Commission imposed a fine of €77,068,000 on BEH, Bulgargaz and Bulgartransgaz, for which they are jointly and severally liable......

ARCHIVED : This Practice Note is not maintained any more, as it concerns the application of EU free movement rules in the UK before IP completion day, when domestic measures giving effect to EU free movement were revoked, with specific savings and adjustments and modifications. For more information, including the applicable savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note remains available in archived form for historical reference, since EU law as formerly implemented in the UK continues to have relevance in certain limited scenarios. For earlier iterations of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately prior to revocation, see Legislation.gov.uk. For ongoing developments in EU free movement law within EU Member States, see: Immigration, employment & share...

In brief A public authority does not have to disclose information in response to a request made under the Freedom of Information Act 2000 ( FIA 2000) if: the estimated cost would exceed the appropriate limit the request is vexatious the request is repeated an exemption applies FIA 2000 provides 24 exemptions that allow an authority to withhold the information sought. These exemptions fall into two main types: absolute exemptions qualified exemptions, which are subject to a public interest test When handling a freedom of information request, even where an exemption is engaged, an authority must still meet its duty to offer advice and assistance so far as it is reasonable. Therefore, even if material is considered exempt, the authority should do more than issue a refusal notice and should also consider what assistance to provide to the...

This Practice Note sets out the reasons to track and evaluate absence within your firm, the legal points to consider when putting monitoring in place, and how to select and roll out the most suitable absence management system for your firm. For further information and guidance about absence management, see: Practice Note: How to develop and implement an absence management strategy—law firms Practice Note: Dealing with long-term or chronic sickness Practice Note: Sick pay Precedent: Example absence management strategy—law firms Precedent: Sample operational objectives for implementing an absence management strategy—law firms Precedent: Absence strategy effectiveness audit The purpose of monitoring and assessing absence A structured approach to tracking and reviewing absence lets you collect qualitative and quantitative evidence to pinpoint the most cost-effective actions for managing and limiting the impact of absence on your firm. puts absence in sharper focus and keeps absence management on the business agenda helps you determine the most...

Trial in absence Trying a defendant when they are not present is treated as a measure of last resort in both the magistrates’ court and the Crown Court. In R v Jones, the Court of Appeal held that the defendant’s Crown Court trial was not unfair and that, by his own conduct, he had relinquished his right to attend and to be represented at trial. In that matter, the defendant was missing from the outset. The court confirmed it retains a discretion to proceed in an accused’s absence, but warned that this discretion must be exercised with the utmost caution, with careful regard to the interests of justice and the overriding aim of securing a fair trial. Where a defendant is absent because of involuntary illness or incapacity, the court will seldom exercise that discretion to start the trial, unless the defendant has...

The Control of Pollution ( Oil Storage) ( England) Regulations 2001, SI 2001/2954, and the Water Resources ( Control of Pollution) ( Oil Storage) ( Wales) Regulations 2016, SI 2016/359—together the Oil Storage Regulations—are intended to prevent contamination of land and water. Threshold for storage capacity The Oil Storage Regulations apply to organisations and individuals with custody or control of an oil storage container at business premises and public sector buildings where the capacity is 201 litres or more. The English Regulations also capture domestic premises or barges in England that hold any oil storage containers of 3,501 litres or above. Oil storage containers The Oil Storage Regulations generally cover the storage of oil, subject to exemptions that differ between England and Wales. See table below — Exempt oil storage containers. Oil Storage Regulations Guidance issued by the Environment Agency ( EA) and the...

ARCHIVED: This archived Practice Note, which applies in relation to schemes that were contracted-out salary-related ( COSR) immediately before 6 April 2016, explains the extent of the statutory power enabling employers of former COSR schemes, up to 5 April 2021, to revise scheme rules so as to counter any rise in national insurance contributions arising from the ending of defined benefit ( DB) contracting-out on 6 April 2016. It also explores how that power operates for multi-employer arrangements, ‘protected persons’ and public sector schemes, together with the way it interfaces with existing consultation and disclosure duties and processes. This Practice Note is no longer maintained. For further information on the abolition of DB contracting-out, see Practice Note: Abolition of DB contracting-out—an introduction [ Archived]......

Prepared in collaboration with Landmark Chambers. The reason for special costs protection measures in environmental law The rationale for special costs protection in environmental law lies in internationally agreed principles. Such measures in environmental matters stem from international environmental law, for example Principle 10 of the 1992 Rio Declaration on Environment and Development. The Convention on Access to Information, Public Participation in Decision- Making and Access to Justice in Environmental Matters, concluded at Aarhus, Denmark, on 25 June 1998 (the Aarhus Convention), sets out in Article 1 that its purpose is to help safeguard the right of every person, both now and in the future, to live in an environment sufficient for his or her health and well-being. To that end, each Party must guarantee the rights of access to information, public participation in decision-making, and access to justice in...

The AAA Commercial Arbitration Rules and Mediation Procedures, including the Procedures for Large, Complex Commercial Disputes (collectively, the Commercial Rules or AAA Commercial Rules), were updated with effect from 1 September 2022. A Fee Schedule applies to arbitrations conducted under the AAA Commercial Rules (effective 1 May 2018). This Practice Note reflects the revised AAA Commercial Rules. For an introduction to the AAA and the Commercial Rules, see Practice Note: AAA Commercial Rules. Note: each Commercial Rule bears a letter prefix (eg ‘ R’ or ‘ L’). The relevant letters/numbers are indicated below... Administrative/institutional fees Parties bringing claims or counterclaims must elect one of two fee schedules: the ‘ Standard Fee Schedule’ or the ‘ Flexible Fee Schedule’. Under the Standard option, there are two payment points; the Flexible option involves three. If the arbitration proceeds to conclusion, the overall fees payable under either choice are the...

The AAA Commercial Arbitration Rules and Mediation Procedures, including the Procedures for Large, Complex Commercial Disputes (collectively, the Commercial Rules or the AAA Commercial Rules), were updated with effect from 1 September 2022. A Fee Schedule applies to arbitrations under the Commercial Rules (effective 1 May 2018). This Practice Note reflects the revised Commercial Rules. For an introduction to the AAA and the Commercial Rules, see Practice Note: AAA Commercial Rules. Note: each Commercial Rule is prefixed by a letter, eg ‘ R’ or ‘ L’. Relevant rule letters/numbers are identified below. Roles of the parties and the institution in arbitrator selection Where the parties’ agreement names the arbitrator(s) or sets out a procedure for appointment, that designation or procedure will be observed ( R.14(a)). If any party does not make the required appointment, the AAA will proceed to...

This Practice Note has been assessed against the new Arbitration Act 2025 and remains aligned with it. Grounds for challenging jurisdiction by non–participation— AA 1996, s 72 Under section 72 of the Arbitration Act 1996 ( AA 1996), a party that does not engage in the arbitral process may dispute the existence of a valid arbitration agreement, the proper composition of the tribunal, or the scope of the issues referred to arbitration under the agreement, ie questions of substantive jurisdiction ( AA 1996, s 30(1)). Such objections are brought before the English court seeking a declaration, an injunction, or other suitable relief. Section 72 AA 1996 is mandatory, so the parties cannot exclude it by agreement ( AA 1996, Sch 1). The availability of this right to non-participants has consequences for those seeking pre-award judicial determinations on jurisdiction......

Employment laws in the Republic of Ireland, Great Britain and Northern Ireland have much in common, as all operate within common law systems and many contemporary employment statutes flow from European Directives. Even so, divergences do exist and are likely to widen. This Practice Note outlines several distinctions between Great Britain and the Republic of Ireland. Care is advised when handling matters in Northern Ireland, where the framework is becoming increasingly distinct from Great Britain. For details on the differences between Great Britain and Northern Ireland, see Practice Note: Northern Ireland employment law. Main areas of difference employment status categories leave entitlements qualifying period and remedies under unfair dismissals legislation redundancy entitlements protected conversations and settlement agreements employment tribunal procedures transfers of undertakings ( TUPE) ...

This Practice Note reviews how influencer activity is regulated and what protections exist against online harms. It looks at: the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code); the UK Code of Broadcast Advertising ( BCAP Code); Part 4 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024), which revoked and replaced the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 from 6 April 2025. It also addresses potential duties on UK platforms affecting influencers under the Online Safety Act 2023 ( OSA 2023), and when Regulation ( EU) 2022/2065, the EU Digital Services Act ( EU DSA), could apply to a UK-based influencer’s activity. Finally, it considers practical ways influencers can safeguard their personal ‘brand’ as it develops through their influencer activity. This Practice Note is intended to support...

Stop Press: On 10 March 2026, the US Department of Justice ( DOJ) unveiled its first department-wide corporate enforcement and voluntary self-disclosure policy for criminal matters, intended to enhance consistency and fairness in pursuing white-collar offences. For further details, see: US Do J releases first department-wide corporate enforcement policy for criminal matters, LNB News 11/03/2026 57. This Practice Note is currently being updated to reflect the corporate enforcement policy. The US Foreign Corrupt Practices Act of 1977 ( FCPA) is a US federal statute that outlaws offering, paying, or promising money or anything of value to a foreign official with the objective of obtaining or retaining business. The UK Bribery Act 2010 ( BA 2010) (together with earlier UK legislation on bribery and corruption) is viewed as the FCPA’s closest counterpart. Although the regimes share certain features, there are significant...

This guide has been created to tackle the practicalities of leading. If you are stepping into a leadership post for the first time, you’ll find practical pointers to get you moving. If you already lead, expect some fresh perspectives to renew your thinking. The ideas collected here take a pragmatic stance on leadership and the development of leaders, concentrating on the real problems and opportunities people encounter in practice. Leadership in the hot seat Seasoned leaders often describe their remit as demanding and intricate, and view with scepticism those titles that promise five, seven or ten secrets of greatness. Many argue such lists oversimplify the job. If such formulas truly worked, we would see an abundance of outstanding leaders, yet we do not. This guide encourages you to reflect on the particular setting in which you operate and the style of leadership you may need to...

A turnover rent, sometimes called ‘percentage rent’, is a rental sum that rises or falls with the level of trade achieved at the let premises. Such arrangements are most commonly used by landlords of shopping centres, outlet destinations and comparable multi-occupied retail settings, chiefly because these locations create environments landlords can more readily manage and influence. Types of turnover rent There are several variants of turnover rent, and the choice will depend on a range of factors. The ‘100%’ turnover rent The tenant’s rent is calculated solely as a percentage of its turnover. Service charge and insurance rent are usually payable on top of the turnover rent. This model is often used as an incentive to encourage a tenant to take vacant space, for example on a ‘pop-up’ or ‘meanwhile’ basis. The ‘top-up’ turnover rent The rent is set as the greater of a fixed percentage of turnover or a...

Solicitors must consider the mental capacity of their clients in everything they do The assessment of capacity arises when: there is doubt whether an individual can decide, covering matters from marriage to consenting to or declining medical treatment to making a Will capacity might influence a proposed transaction and those directly or indirectly affected it is necessary to think about third-party participation in decision-making Every person has the right to choose, even if others see that choice as mistaken or unconventional. Generally, there is no need to intrude upon that process. Yet, while upholding personal autonomy, English law has long accepted that some people lack the mental capacity to bear responsibility for their choices. Traditionally, capacity law was drawn from various judicial authorities and legislation, including the Enduring Powers of Attorney Act 1985 and the Mental Health Act 1983......

For broader background and practical information on the Isle of Man, refer to Practice Note: Private Client— Isle of Man— Q& A guide. Legal framework Manx trust law stems from English law. It is grounded in long-established common law principles and is further supported and refined by statute which, for the most part, closely mirrors equivalent English measures. The key Manx trust enactments are: Trustee Act 1961 (largely derived from the Trustee Act 1925 of England and Wales) Variation of Trusts Act 1961 Perpetuities and Accumulations Act 1968 Recognition of Trusts Act 1988 (which gives effect in Manx law to the Convention of 1 July 1985 on the Law Applicable to Trusts and on their Recognition ( Hague Convention)) Trusts Act 1995 Purpose Trusts Act 1996 Trustee Act 2001 (largely derived from the Trustee Act 2000 of England and...

This Practice Note examines the aims and the procedure relevant to confiscation under the Proceeds of Crime Act 2002 ( POCA 2002). Purpose of confiscation under POCA 2002 A confiscation order strips a defendant of the benefit obtained from their criminal conduct. The order does not, of itself, seize any asset; instead, it obliges the offender to pay a sum of money equal to the value of the benefit received. Accordingly, it is characterised as an order in personam, rather than in rem (see Practice Note: Determining the recoverable amount (benefit and available amount) under POCA 2002— Making the order). Confiscation orders therefore do not interfere with property rights, nor with the specific property identified when assessing the order (see eg: Faichney v Vantis HR Ltd, discussed in News Analysis: Clash between asset recovery and third-party proprietary rights ( Faichney and another v Vantis HR Ltd and...