Legal Practice Notes

This Practice Note examines what quantum meruit means, the situations most likely to give rise to a quantum meruit claim within a construction project, and how the court may appraise such a claim and decide what counts as a ‘reasonable sum’. See also, more generally, Practice Note: Unjust enrichment and contract claims—failure of basis and quantum meruit. It addresses when such claims commonly occur on projects and the court’s approach to fixing a reasonable figure. All within the construction context. What is quantum meruit? The phrase ‘quantum meruit’ translates as ‘as much as he has earned’. A quantum meruit claim is therefore a demand for a reasonable payment—ie the amount the party is fairly entitled to, having regard to the work or services it has provided. When does a quantum meruit claim arise? A claim founded on quantum meruit will usually stem from a...

This Practice Note This Practice Note considers the principal factors a party to a construction contract should address when preparing the quantum elements of a claim. It covers routine contractual claims (for example, loss and expense), as well as scenarios where the dispute stems from breach of contract or negligence, i.e. a claim for damages. It also examines frequent categories of recoverable loss, including: damages relating to defects claims future losses wasted management time loss of a chance third party settlement sums Beyond establishing whether a loss is recoverable and its value, additional quantum issues may include whether to advance a ‘global claim’, mitigation and betterment considerations, contributory negligence, and any contractual limits or exclusions. On the issue of loss within a dispute, the claimant bears the burden of proving both the fact of the loss and the amount claimed. For a...

Quantification of costs claimable by Litigants in Person ( Li Ps) This Practice Note outlines the provisions and authorities governing assessment of costs recoverable by litigants in person. It covers the two-thirds rule for compensating proved losses, what a Li P must establish to obtain more than the fixed Li P hourly rate (ie proof of financial loss), and how claimed time will be evaluated, including decisions in which the court has addressed quantifying financial loss in Li P matters. It also considers the alternative time measure, namely time spent, and the hourly rates that apply on this basis. Under CPR 46.5(4), costs are calculated either by reference to: proved financial loss, or the amount for the time reasonably spent doing the work at a fixed rate, currently £24 per hour ( CPR PD 46, para 3.4) Note that, before 1 October 2025, the rate was £19 per hour. The £24 per...

1. What is the applicable legislation? Qatar’s foreign direct investment ( FDI) framework shifted in 2019/2020, aligning with the nation’s wider economic goals. For years it was highly restrictive. Under Foreign Investment Law 13/2000, non- Qataris were required to channel all investments via a Qatari entity, partnering with local nationals who had to own at least 51% of the vehicle. Although foreigners could petition the Minister of Commerce and Industry to raise their stake to 100%, approvals were seldom issued. The new Foreign Investment Law 1/2019 ( FDI Law 2019) and its Executive Regulations, Resolution 44/2020 ( Executive Regulations 2020), eased these ownership limits. From the FDI Law’s introduction, foreign investors may hold up to 100% of a Qatari private company operating in specified sectors, such as agriculture, selected industrial activities, health care, education, tourism, certain activities in the energy sector, mining, business...

This Practice Note examines what a purpose clause in a facility agreement is. It also outlines what Quistclose trusts are, the circumstances in which they arise, and why they are relevant to purpose clauses in facility agreements. Where appropriate, it signposts relevant provisions in: Precedent: Facility agreement (term loan): single company borrower—bilateral—with or without security or a guarantee the Loan Market Association ( LMA) investment grade multicurrency term facility agreement with/without observation shift (the LMA investment grade facility agreement) the LMA senior multicurrency term and revolving facilities agreement for leveraged acquisition finance transactions with/without observation shift ( LMA leveraged facility agreement) The other LMA standard form facility agreements, eg the LMA Senior Single Currency Term Facility Agreement for Real Estate Finance Multiproperty Investment Transactions, also include sample purpose clauses. LMA documents are available to LMA members on the LMA...

In Public Trustee v Cooper, the High Court of England accepted that it had power to approve a trustee’s momentous decision, thereby safeguarding that choice against later allegations of breach of trust and insulating it from subsequent challenge in the future. Background Before Public Trustee v Cooper, the court, exercising its long-standing supervisory role over trusts, already possessed jurisdiction to grant declaratory relief on the proper construction and meaning of trust instruments and to decide in advance whether a contemplated step lay within a trustee’s powers and authority. It could also, where appropriate, take over the trustees’ authority where they surrendered it because they were conflicted, or were stalemated in an insoluble dispute about the exercise of a power or discretion. The court's jurisdiction In Public Trustee v Cooper, a four-fold framework was articulated to identify the different types of proceedings, namely: category...

What is a public authority? A public authority is a form of the state carrying out a public role. The line between a private entity and a public authority has grown more significant since the Human Rights Act 1998 ( HRA 1998), because HRA 1998 bars public authorities from behaving in a way or manner that conflicts in any respect with any Convention right under the European Convention on Human Rights ( ECHR). The approach to deciding whether an entity is a public authority can be broader in practice under HRA 1998 than it is within judicial review. Institutions that are plainly and inherently public by character are very likely to count as public authorities. Illustrations include, for example: central government police and emergency services local authorities local education authorities housing authorities the Ministry of Defence NHS bodies There are also various other organisations performing certain public tasks that may meet the...

This Practice Note sets out a summary of the key considerations when a testator intends to benefit minors in their Will. It also signposts further resources relevant to making gifts to minors. Types of provision for minors As a starting point, a gift for a beneficiary who is under 18 must be held for them until they reach that age. Accordingly, where a testator wishes to provide for a minor, possible approaches include: a legacy that vests for the child via the minor’s parents or guardians on the testator’s death if the child is still under 18 leaving the relevant estate to the surviving spouse for life, on the basis that, if they do not survive the testator, the assets pass to surviving issue either immediately or at a specified age. See Precedents: Will—to spouse on flexible life interest trust, remainder to children absolutely and Will—to spouse...

Testators who intend to support a disabled relative or another individual must weigh several considerations, such as the person’s age, the nature and extent of their disability, their health outlook, their ongoing needs, and the funding likely to be required. It is also usual to assess how far the state may meet those needs. As a result, every matter must be reviewed on its own specific facts and circumstances. Perhaps the most challenging question is how much money should be provided when the exact level of future care, and the length of time it will be needed, cannot be known. To advise a testator properly, the practitioner must gather detailed information and consider a range of options, including potential combinations. Points to consider The factors relevant to advising a testator who wishes to make provision for a disabled person will vary from case to case, but...

This Practice Note reviews proprietary claims and remedies, explaining the processes of following and tracing assets at common law and in equity to reclaim property held by another—most often encountered in complex fraud matters or where the immediate defendant is insolvent. It also addresses exceptions to tracing and the potential for a right of subrogation to recover a proprietary interest, including: good faith purchaser for value chains of transactions backwards tracing Quistclose trusts What are proprietary remedies? General principles A proprietary remedy (or proprietary claim) attaches to identified property, rather than creating a personal remedy such as a claim for damages. This does not exclude money or a debt owed from being the relevant property; both can be the subject of a proprietary claim, as illustrated by the decision in Lipkin Gorman v Karpnale (see below)......

Asset or share purchase agreements typically contain warranties and indemnities from the seller in favour of the buyer. A warranty is the seller’s confirmation that a stated fact is correct. For example, the seller may confirm that each property benefits from good, marketable title. In a share or asset purchase, property warranties usually appear alongside warranties on areas such as employment and tax or, alternatively, in a separate property schedule appended to the agreement; see Practice Notes: Warranties and indemnities—asset purchase and Warranties and indemnities—share purchase. An indemnity is a contractual undertaking by the seller to compensate the buyer for a specified liability that might arise in future. This Practice Note summarises the rationale for property warranties and indemnities in asset and share purchase deals, their features, practical considerations when acting for either party, and provides examples of property...

Selling, buying and leasing property for P A deputy may undertake a broad range of property transactions on P’s behalf, according to P’s situation. This might involve selling a home that no longer meets P’s needs, purchasing a replacement property, or arranging rented accommodation for P, which is often used as an interim step while a longer-term housing solution is identified for P and their family. Standard 6 of the 2023 Deputy Standards Policy, issued by the Office of the Public Guardian ( OPG), concerns property management and makes clear that a deputy must deal with P’s property in accordance with the deputyship order and always in P’s best interests. Further detailed direction on managing property appears in the 2023 Deputy Standards: Guidance for Professional Deputies, also produced by the OPG. Standard 6 sets out best practice in relation to P’s property...

This Practice Note examines misrepresentation, misstatement and non-disclosure in property transactions. It outlines: a seller’s potential liability for answers provided to pre-contract enquiries; the buyer’s possible remedies for non-disclosure, misrepresentation and misstatement; and contractual provisions that may protect the seller if a claim is made. What is misrepresentation? In this context, a misrepresentation is a false statement of fact by one party to another that is not a term of the contract but persuades the other to enter into it. For liability to arise, the statement must be material and actually relied upon by the other party. If a seller gives an untrue answer in replies to enquiries (or elsewhere), the buyer relies on it when deciding whether to enter into the contract and then suffers loss by entering the contract, the seller will be liable for...

This Practice Note sets out the timeframes for undertaking several frequently encountered tasks by property disputes practitioners, alongside links to added guidance. It is not a complete catalogue of all deadlines relevant to the areas noted, and supplies only concise points. Full particulars of the applicable law and procedure in each instance should be obtained from the supplementary materials. For wider guidance on limitation periods, see Practice Notes: Limitation—the principal limitation periods and Limitation Act 1980—general application. Step required Time limit Reference Further information Limitation periods for common court proceedings Court proceedings to recover rent (including sums reserved as rent). Six years from the date the arrears fell due. Section 19 of the Limitation Act 1980 ( LA 1980). See Practice Note: Recovering rent arrears. Court proceedings for breach of lease other than non-payment of rent. 12 years if the lease was executed by deed;...

This Practice Note covers: rejection of a creditor’s proof of debt by an office-holder the rule against double proof guarantees The rules governing proof of debt are set out in the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, rr 14.2–14.25, and apply whether the claim arises in administration, winding-up, or bankruptcy. For key authorities and related content, see Practice Note: Proof of debt—key cases. Rejection of proof Office-holders must seek to identify all debts and liabilities of the insolvent, and deal with every proof of debt submitted by admitting it, rejecting it, or calling for additional evidence in support. An office-holder may admit or reject a proof of debt for dividend, in whole or in part. In adjudicating whether to admit or refuse a proof, the office-holder acts in a quasi-judicial capacity that does not differ from the...

The main finance parties in a typical project finance transaction These largely mirror those found in syndicated lending, namely: the lenders hedging counterparties the arranger(s) the intercreditor agent (sometimes called the common agent) the facility agents the security trustee/security agent In project finance, further functions commonly feature within the financing structure and/or on behalf of the finance parties. These may include: the account bank(s) the role banks specialist/technical advisers to the finance parties Some of these extra responsibilities can be undertaken by one or more of the banks or financial institutions already involved in the transaction. The main project parties in a typical project finance transaction are explained in Practice Note: Project finance—key project parties......

Most projects rely on some measure of debt finance. The borrowing portion of a project’s funding is commonly known as ‘project finance’. Although no two project finance deals are identical, there are core stages that are essential to obtaining funding. This Practice Note outlines those key stages. Bid/feasibility studies The earliest steps in a project’s lifecycle vary according to whether the scheme is publicly procured (ie initiated by a government or other public body) or privately originated. In both scenarios, sponsors typically approach prospective project finance lenders only once the bidder has been shortlisted (where applicable) and after the relevant feasibility studies have been undertaken (see Practice Note: Project finance—due diligence and ‘bankability’— Technical due diligence/feasibility study in project finance transactions). Publicly procured projects In the UK, public procurement regulations require certain ‘contracting authorities’, including central government and its agencies, to run an open, formal...

The principal project participants in a standard project finance arrangement are: the sponsor(s) the project vehicle (called in this Practice Note the 'project company'), which is usually the borrower of the project loans a holding company contractors and sub-contractors suppliers off-takers the host government The principal finance parties in a typical project finance transaction are explained in Practice Note: Project finance—key finance parties. Sponsor The sponsor is the party that originates and oversees the project. It is usually a private company or a group of companies. The government of the country where the project is located (the host government) may at times be a sponsor, especially in public service schemes, eg infrastructure (roads, rail, ports etc), social facilities (schools, hospitals, prisons etc) or natural resources (oil, gas, mining etc). Even if the host government does not initiate the project, it often plays a vital part in making it viable—see Host...

This Practice Note This Practice Note explains when a qualified legal representative ( QLR) can be appointed in family proceedings, how registration and eligibility for appointment operate, and the court process for appointing a QLR. It also outlines a QLR’s duties and responsibilities, when attendance at court is required, how cross‑examination should be conducted, what may happen if no QLR can be found, and how payment is arranged. It also covers practical points on listing, attendance, and the manner of questioning by a QLR. From 21 July 2022, section 65 of the Domestic Abuse Act 2021 ( DAA 2021) inserted Part IVB into the Matrimonial and Family Proceedings Act 1984 ( MFPA 1984), introducing a prohibition on cross‑examination in person in defined family proceedings. These measures sit under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Part 3A, together with FPR 2010,...

This Practice Note examines the standard of care in professional negligence, rooted in Bolam v Friern Hospital as the touchstone of ‘reasonable skill and care’, and how that test is applied in practice; it also addresses the Montgomery v Lanarkshire Health ‘material risk’ inquiry, the duty to warn, and the role of industry opinion. It surveys practical illustrations across sectors and notes the position of trade unions. Given the wealth of case law in this area, the standard expected of solicitors and barristers is considered separately in Practice Note: Standard of care—solicitors and barristers. The discussion explains how Bolam operates in real‑world settings and where Montgomery informs the scope of warning obligations and the significance of prevailing professional views. Practical application of these principles is shown through sector‑specific examples. Construction Financial services Accountancy Trade unions...