Legal Practice Notes

This Practice Note sets out guidance on evidence used for interim applications, whether by affidavit or, more commonly, by witness statement. It clarifies when an affidavit should be used rather than a witness statement, for instance where sworn evidence is required by the court owing to the nature of the application. It also addresses the technical requirements and how courts will deal with conflicts between affidavit and witness statement evidence... The contents of evidence supporting applications Reports and other documents to be relied on in support of, or in resistance to, an application must be put in evidence within a witness statement or affidavit, usually by exhibiting them. In Brake v Guy, the judge criticised the practice of attaching a report to a skeleton argument or other written submission, and rejected the suggestion that the party should then be given a further...

Introduction to section 215 notices Section 215 of the Town and Country Planning Act 1990 ( TCPA 1990) empowers a local planning authority ( LPA) to require land to be tidied where its condition harms the amenity of the area. It does so by allowing LPAs, at their discretion, to issue a ‘section 215 notice’. The governing provisions appear in TCPA 1990, ss 215–219. Key features of section 215 notices A simple power that LPAs can deploy rapidly Use is discretionary; each LPA decides if and when it is suitable A notice may set out whatever steps the LPA deems necessary to remedy harm to amenity ‘ Amenity’ is not defined in statute; case law treats it as a broad concept—see: Scope of power to issue section 215 notice below Failure to comply is an offence—see: Offences for non-compliance with section 215 notices below There is a right of appeal to the...

This Practice Note gives practical guidance on responding to a dawn raid by the Information Commissioner’s Office ( ICO). It outlines what the ICO is, common grounds for a raid, its powers, and the consequences of not co‑operating. It reflects the UK General Data Protection Regulation ( GDPR). All GDPR references and links are to the UK GDPR ( Retained Regulation ( EU) 2016/679), unless stated otherwise. What is the ICO? The ICO is an independent authority established by the UK government to uphold information rights in the public interest, promote openness in public bodies, and protect individuals’ data privacy. It is an executive non‑departmental public body sponsored by the Department for Digital, Culture, Media & Sport. The ICO oversees and may enforce: Data Protection Act 2018 ( DPA 2018) GDPR Freedom of Information Act 2000 ...

The substantial shareholdings exemption ( SSE) removes corporation tax on chargeable gains arising on certain disposals of shares by companies. It does not extend to individuals or other non-corporate bodies. The purpose is to simplify corporate restructuring and strengthen the UK’s competitiveness against the ‘participation exemption’ regimes found in some other European countries. Under the general rule that an exempt asset’s disposal cannot create an allowable loss, any loss realised on a shareholding that qualifies for SSE is not allowable for capital gains. The exemption applies automatically; there is no requirement to claim it, and no option to disapply it where a loss claim would be beneficial. This Practice Note sets out the scope of the SSE, the conditions that must be satisfied, and the specific rules for institutional investors, company groups, share exchanges and...

This Practice Note provides an overview of the settlement of employment tribunal proceedings This Practice Note surveys settlement of employment tribunal disputes. It considers strategy and timing, and outlines the statutory and procedural frameworks for resolving claims. It addresses withdrawal and dismissal (in whole or in part), respondent applications to dismiss and related challenges, Acas early conciliation, the effect of contracting-out provisions, and the use of consent orders, COT3 agreements and statutory settlement agreements. Where appropriate, references to 'claimant' also encompass a respondent advancing a counterclaim, and references to 'respondent' include a claimant replying to such a counterclaim. Parties to an employment dispute often wish to avoid the expense, uncertainty and time of issuing (or defending) a tribunal claim or, if a claim exists, proceeding to a full hearing. Settlement discussions may begin when the dispute arises, before any claim or response is lodged, or at any stage of the...

This Practice Note sets out the respective rights and responsibilities of a principal and their agent, whether arising under law by implication or expressly contained within the agency agreement. It reviews the nature and status of an agent’s appointment and the fiduciary obligations an agent owes to the principal. It also outlines remedies for breach of duty, including actions for damages and for an account... General In business contexts, the rights and duties of principal and agent are usually captured in a written agency agreement. Where the agreement is silent, the law may imply additional obligations. Notably, the Commercial Agents ( Council Directive) Regulations 1993, SI 1993/3053, set out specific rules for commercial agents which, in most circumstances, cannot be excluded by contract. For issues concerning commercial agents, see Practice Notes: Commercial agency, Relationship of commercial agent and principal, and Termination of...

NPSs NPSs are statutory documents published in accordance with the Planning Act 2008 ( PA 2008). They set out the government’s policy for particular categories of nationally significant infrastructure projects ( NSIPs), notably explaining the national need for the type of infrastructure to which they relate. They are distinct from policy in the National Planning Policy Framework ( NPPF), which does not include NSIP‑specific policies. NPSs provide the framework within which the Secretary of State ( So S) makes its decisions on NSIP applications for development consent. Where an NPS has effect for development that is the subject of an application for an order granting development consent, the So S must determine the application in line with that NPS, unless one of the following applies: Doing so would be unlawful, for example because it would result in...

ARCHIVED : This Practice Note has been archived and is not maintained. With effect from 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008//1277, are revoked and superseded by the Digital Market, Competition and Consumers Act 2024 ( DMCCA 2024). Nevertheless, CPUTR 2008, SI 2008/1277, continues to apply to any conduct that took place before 6 April 2025. For details on misleading actions under DMCCA 2024, refer to Practice Note: Misleading actions under the Digital Markets, Competition and Consumers Act 2024. Misleading actions Under the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277, a commercial practice may amount to a misleading action in two distinct ways......

Draft Judgement Following any appeal hearing where the court withholds judgement and signals that it will be delivered on a later date, all parties must appreciate that any draft judgement is under embargo and its content is confidential to the case’s counsel and solicitors. On receipt, a draft judgement must be handled in confidence, on the basis that it is provided so counsel in the matter can alert the court to any significant factual mistake, omission, or typographical error before the ruling is announced. A draft judgement is plainly labelled on its face as confidential. It is a provisional judgement, liable to the changes outlined above, and may not reflect the final version of the judgement. A further key reason for circulating a draft judgement is to enable counsel in the proceedings to consider and prepare any applications that may flow from the...

Company directors, and in certain circumstances shadow directors, are subject to a wide range of obligations owed to the company. Over centuries, the courts have shaped many of these obligations from broader common law doctrines and equitable standards, while others also have subsequently been codified in legislation. This Practice Note examines the director’s statutory obligations set out in sections 171 to 177 of the Companies Act 2006 ( CA 2006), commonly referred to as the general duties......

Any attempt to limit or exclude liability for defective products in a contract term, notice, or other provision is prohibited. Under CPA 1987, matters fall into four main categories: the injured person cannot discharge the burden of proof the defendant establishes one of the statutory defences in CPA 1987, s 4 the claimant is barred by one or more of the CPA 1987 time limits the defences of contributory negligence or volenti non fit injuria (the willing acceptance of risk) apply Although liability imposed by CPA 1987 is strict, it is not absolute. There remains room to avoid liability where producers can make out one or more statutory defences. Statutory defences Compliance with UK or assimilated EU law This statutory defence will succeed if the defendant demonstrates the defect arose from compliance with a requirement imposed by UK or EU law. From IP...

This Practice Note includes a link to our template replies to the various sets of Commercial Property Standard Enquiries (commonly called the CPSEs or, individually, CPSE1, CPSE2, CPSE3, CPSE4, CPSE5, CPSE6 and CPSE7). The CPSEs are industry-standard pre-contract enquiries for commercial property transactions, and the seller is responsible for addressing them in full. These template replies set out a framework of potential responses and are intended to make the seller’s task of replying easier and more efficient. Template replies to CPSEs 1 to 7 The Commercial Property Standard Enquiries ( CPSEs) are a suite of documents prepared by members of the London Property Support Lawyers Group ( LPSLG) and endorsed by the British Property Federation too......

Scope for challenges to compulsory purchase orders Section 25 of the Acquisition of Land Act 1981 ( ALA 1981) bars any judicial review of a decision to confirm a compulsory purchase order ( CPO). It stipulates that a CPO may not be challenged in any form of legal proceedings, whether before or after it has been confirmed, made or given, save in accordance with ALA 1981, s 23. The prohibition likewise extends to a certificate issued under ALA 1981, Pt III or Sch 3: these are certificates to be granted by the Secretary of State confirming, first, that land obtained by statutory undertakers for the purposes of their undertaking can be brought within a CPO without causing serious detriment to that undertaking, and, secondly, that adequate exchange land will be provided where land forming part of a common, open space, or a fuel or field...

This Practice Note examines how sub-contractors’ liabilities are commonly insured and considers: difficulties that may arise with sub-contractor insurances, and what those involved in a construction project should do. Sub-contractor liabilities Sub-contractor's own works A sub-contractor is answerable for damage to its own sub-contract works. That duty stems from its obligation to carry out and complete the sub-contract works (see Practice Note: Sub-contracting in construction projects). This is a property damage exposure and is therefore insurable under a property damage policy, for example a Contractor’s All Risks policy (see Practice Note: Contractors’ All Risks ( CAR) Insurance). Remainder of the works The sub-contractor is also responsible if its negligence, breach of contract or breach of statutory duty causes loss to the remainder of the works. That liability is a legal liability and does not derive from any proprietary interest the sub-contractor has in the balance of the works. Strictly...

STOP PRESS: A far‑reaching overhaul of the UK listing framework took effect on 29 July 2024, removing the premium and standard listing segments and introducing a single category for equity shares in commercial companies on that date. The commercial companies category is strongly disclosure‑led and sits alongside other categories such as shell companies, secondary listing and closed ended investment fund categories. A new UK Listing Rules sourcebook came into force to implement these changes and the previous Listing Rules sourcebook was revoked. The new sourcebook replaced the old sourcebook when these reforms commenced. For further information see Practice Note: Reform of the UK listing regime—fundamentals. This fundamentals note reflects the listing regime as it stood before 29 July 2024. A company’s share capital comprises the number of shares it has allotted and issued to shareholders at any given time. Subject to certain...

Agricultural Holdings Act 1986 General position A landlord and tenant are free to make whatever arrangement they prefer concerning assignment, underletting or parting with possession. In practice, however, the tenancy will typically restrict such dealings. This will generally be because: the parties have expressly provided for the restriction, whether by an absolute covenant or one qualified by consent; or the tenancy agreement, whether oral or written, is silent on dealings, in which case section 6 of the Agricultural Holdings Act 1986 enables the landlord to apply to an arbitrator for a written agreement to be drawn up that incorporates the matters in AHA 1986, Schedule 1, including a covenant by the tenant not to assign, sub-let or part with possession of the holding, or any part of it, without the landlord’s consent in writing The effect of an absolute prohibition is tempered to some extent after the initial fixed term...

Grounds to challenge an individual voluntary arrangement You may apply to contest the approval of an individual voluntary arrangement ( IVA) on either or both of two bases: that the creditors’ resolution endorsing the IVA unfairly harms the interests of a creditor of the debtor that a material irregularity occurred at, or connected with, the creditors’ decision process The onus of proving any such ground lies with the challenger. Be aware that the new IVA Protocol covers all consumer IVAs proposed on or after 1 July 2025, reshaping the context in which these challenges will be assessed. This will influence how any application is viewed in practice......

Special administration regimes A special administration regime ( SAR) is an adapted insolvency process that confers particular objectives on the administrator. SARs typically apply in sectors delivering statutory or public services or supplies, for example water or energy, where keeping the essential service running is paramount or vital to economic stability. The administrator’s special aims commonly put the uninterrupted provision of the service or supply first, or oblige consultation with the appropriate regulator (eg the Financial Conduct Authority), or require the protection of specified assets (eg client assets under an investment bank special administration). This Practice Note highlights several principal SARs operating in England and Wales and outlines the core legislation governing each. The framework for a regime will usually comprise a primary Act (for instance, the Energy Act 2011 ( En A 2011)) supported by procedural rules (for instance, the Energy Supply Company Special...

Affidavit or witness statement evidence In a grant of representation application, the court will ordinarily accept the details provided in form PA1P or PA1A, or the online application (previously a separate statement of truth), as the sole proof of the deceased’s Will. On occasion, extra material is required, which can be supplied by affidavit or by witness statement. From 2 November 2020, the Non- Contentious Probate Rules 1987, SI 1987/2024 ( NCPR 1987) were revised by the Non- Contentious Probate ( Amendment) Rules 2020, SI 2020/1059, to permit the use of witness statements as an alternative to affidavits for particular non-contentious probate applications and processes. Due execution An attestation clause in a Will that demonstrates compliance with section 9 of the Wills Act 1837 creates a presumption that the Will was duly executed. Practitioners must judge whether each testamentary document meets the...

Local authorities are still required to secure planning permission before they develop land. The grant of planning permission by a local authority to itself has long been a source of criticism, particularly because granting approval to develop land can materially influence its value. Traditionally, development undertaken by local authorities was chiefly to advance their functions, for example in education or transport. It is, however, increasingly common for local authorities to participate in commercial development. Where the planning authority is both the landowner and/or proposes to undertake development within its area, a distinct planning regime comes into effect. Relevant statutory provisions Section 316 of the Town and Country Planning Act 1990 ( TCPA 1990) makes provision in relation to land of ‘interested planning authorities’ and to the development of that land by those authorities, setting the framework that applies when they themselves are involved in...