Legal Practice Notes

This Practice Note offers practical guidance on the frequently debated question of which local authority should be designated for section 31 of the Children Act 1989 ( Ch A 1989). Specifically, it examines and clarifies: the distinct statutory criteria governing designation for both care orders and supervision orders in such cases for care orders, whether and to what extent A v A ( Children: Habitual Residence) ( Reunite International Child Abduction Centre) influences the understanding of ‘ordinary residence’ in particular the operation of the ‘stop clock’ in Ch A 1989, s 105(6), and the effect of amendments to Ch A 1989, s 22 introduced by the Children and Young Persons Act 2008 on the definition of a looked after child in this context General principles The Family Court may not issue a care order or a supervision order in the abstract. Any such order must identify the local...

Planning permission—does demolition constitute 'development'? Under section 57(1) of the Town and Country Planning Act 1990 ( TCPA 1990), any works amounting to development on land require planning permission. Development is widely cast to include building, engineering or mining operations, as well as any material change of use. By virtue of TCPA 1990, s 55(1A)(a), demolishing a building is specifically identified as a building operation and therefore comes within the statutory concept of development. Accordingly, planning permission is generally needed for most demolitions. See Practice Note: Operational development. For these purposes, ‘building’ in TCPA 1990, s 336 covers any structure or erection and any part of a building, but excludes plant or machinery contained within a building. However, TCPA 1990, s 55(2)(g) permits certain categories of demolition to be removed from the definition of development where the Secretary of State issues a...

This Practice Note sets out how to investigate title to unregistered land, with particular emphasis on compulsory first registration, which party ought to register, the evidence of title that is needed, what constitutes a good root of title, and the significance of maintaining an unbroken chain of ownership. Compulsory first registration A purchaser of an unregistered freehold or a lease with more than seven years unexpired (a ‘qualifying estate’) has a statutory duty to apply for first registration. The purchaser must apply within two months of the event that triggers first registration. If that time limit is missed, the purchaser takes only an equitable title. The legal estate reverts to the seller and is held on a bare trust for the purchaser. This creates a risk that the seller could transfer the land elsewhere, or create further encumbrances, leaving only a claim for breach of...

Practice Note This Practice Note outlines the core principles for applying for a declaration of parentage under the Family Law Act 1986. It addresses the court’s jurisdiction and the need for an applicant to show a sufficient personal interest. It also examines who the parties are, declarations relating to adopted children, and declarations of parentage for the purposes of the Child Support Act 1991 and the Child Support Act 1995. Declarations of legitimacy are likewise considered... In Re G (children) (residence: same-sex partner), Baroness Hale identified three routes by which a person may become a parent, namely: genetic parenthood — the supplying of gametes that create the child gestational parenthood — the conceiving and carrying of the child social and psychological parenthood — the relationship formed as the child seeks care and the parent meets the child’s needs The court cannot issue a...

Under the UK GDPR Certain firms must name an individual to serve as their data protection officer ( DPO). This Practice Note explains when a DPO is mandatory to meet UK GDPR requirements, and weighs the benefits and drawbacks of appointing a DPO on a voluntary basis. It also considers who should act as the firm’s DPO, the DPO’s responsibilities, and the risk of conflicts of interest. It should be read alongside the DPO appointment decision tree. For further detail on accountability and governance under the UK GDPR, see Practice Note: The UK General Data Protection Regulation ( UK GDPR)— Accountability and governance. This Practice Note is grounded in the UK GDPR and the following guidance: Information Commissioner’s Office ( ICO) guidance: UK GDPR guidance and resources, Accountability and governance, Data protection officers Guidelines on DPOs issued by the Article 29 Data...

The role of the Crown Estate Across many jurisdictions, the state, or a single state body or authority, handles offshore activity by issuing licences for offshore renewables activity. The UK, however, separates the statutory consenting route from the leasing process. A developer is required to obtain the relevant statutory consent for its scheme via the appropriate application process— for offshore wind projects of any size, this is a Development Consent Order ( DCO)— and must, in a distinct step, secure a Crown Estate lease. This mirrors the position onshore, where a developer must secure land rights for the scheme from the relevant landowner and, separately, obtain planning permission (or a similar consent). The Crown Estate’s role is that of a landowner that actively manages its estate, including its offshore and marine interests (described in detail below). It is a body corporate created by statute and has...

This Practice Note outlines key points to consider when serving a claim form beyond England and Wales. It reflects the Civil Procedure Rules and the accompanying guidance in the associated practice directions for England and Wales, together with relevant international conventions. A diagrammatic overview of the topics mentioned in this Practice Note is available in: Cross–border service—flowchart, presenting the issues in visual form. Does the court have jurisdiction? Court papers may only be served on a defendant outside England and Wales where the English courts possess jurisdiction over that defendant in the matter. Although service is a procedural step, when approaching cross‑border service it is important to recognise the substantial overlap with determining the court’s jurisdiction, because the court must have jurisdiction over the dispute for service to be valid. Where the specific requirements in CPR 6 regarding service have been satisfied, the court will be...

This Practice Note examines both the capacity to enforce an English court default judgment in another jurisdiction and the practical and procedural obstacles that may arise. For further guidance on the enforcement of a default judgment as between EU Member States, see Practice Note: E& W Brussels I recast—enforcement of default judgments [ Archived]. Requirement for service of the claim form/originating document For guidance on obtaining a default judgment under CPR 12, see: Default judgment—overview. Where a claimant has secured a default judgment and seeks to enforce it, a central consideration for the enforcing court will be whether the claim form/originating document was in fact brought to the defendant’s attention. This is commonly assessed by reference to whether there was proper and valid service of the claim form/originating document. In situations where difficulties were faced in attempting service, it may still be possible to achieve valid...

Resolving workplace issues is a shared duty for all. Identifying concerns proactively is essential, but you must also research them and present sound solutions in the right way so your ideas are heard and taken seriously by decision‑makers across the business and acted upon accordingly too. This Practice Note gives guidance on critical thinking and problem solving, including how to determine what services you can provide to your business, understand and value the enterprise’s commercial context, and then show that reasoning when communicating with the management team clearly and with confidence. It also considers the DMAIC model, applied to continuous improvement for problem solving, and will support you in using this approach in your workplace in practice. This Practice Note is intended to assist with the Solicitors Regulation Authority’s ( SRA’s) continuing competence regime, particularly requirement A5 in the Statement of solicitor competence, which concerns critical...

The Criminal Practice Directions 2023 ( CPD), at 1.1.3–1.1.5 states: The Criminal Procedure Rules and the Criminal Practice Directions have the force of law. They constitute a current code of practice, binding on the courts for which they are issued. All participants must follow the Rules and Practice Direction and any orders made by the court. This captures the standing of the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, and the CPD, and serves to remind those appearing in the criminal courts of the importance of observing the rules and practice directions. The Crim PR place duties on participants in a criminal case to: prepare and run cases in line with the overriding objective adhere to the Rules, Practice Directions, and any directions issued by the court, and notify the court and all parties immediately of any significant failure to comply with a...

This Practice Note outlines how far an employer may probe a candidate about past convictions and cautions, and when checks with the Disclosure and Barring Service ( DBS) can be undertaken. Employers might seek confirmation of a criminal record because: it bears on the individual’s integrity and fit for the role, or the detail is needed to satisfy regulatory requirements Details can be obtained by questioning the applicant or by requesting DBS searches. Key principles As a rule, employers are not entitled to unrestricted disclosure of all historic convictions and cautions. Under the Rehabilitation of Offenders Act 1974 ( ROA 1974), convictions and cautions may become spent and the person is treated as ‘rehabilitated’ once the rehabilitation period ends—see: Spent convictions and Effect of rehabilitation below. However: some sentences never become spent—see: Excluded sentences (never spent) below, and there are...

A voluntary liquidator may only be removed by an order of the court or as follows: for a members’ voluntary winding up ( MVL), by a general meeting of the company convened expressly for that purpose, or for a creditors’ voluntary winding up ( CVL), by a decision of the company’s creditors reached via a qualifying decision procedure initiated specifically for that purpose This Practice Note addresses the latter... Procedure for removal of a voluntary liquidator Proposal of decision procedure A decision procedure must be initiated under section 171(2)(b) of the Insolvency Act 1986 ( IA 1986) to remove the liquidator if creditors holding 25% in value—disregarding those connected with the company—request it. However, where the liquidator was appointed by the court under IA 1986, s 108, a qualifying decision procedure is to be initiated only if: the liquidator considers it...

Creation by transfer of property to trustees In practice, trusts are commonly established when a settlor conveys assets to independent trustees, who then hold the property on trust for named individuals. The formalities for a valid voluntary trust (that is, one without valuable consideration) must be observed. A voluntary trust is regarded as fully constituted when: the instrument declaring the trusts has been duly executed the settlor has, having regard to the nature of the asset, done all that is necessary to transfer the property to the trustees In practice, the property most frequently settled includes: beneficial interests under other trusts insurance policies debts chattels shares in a company land Solvency both before and after an undervalue transaction is significant in guarding against the trust being set aside. Although rare, a settlor may choose to make a...

The Law Society’s Conveyancing Quality Scheme ( CQS) is the recognised benchmark for residential conveyancing firms. Per the Law Society, attaining membership gives participating practices a demonstrable level of credibility with key stakeholders, including regulators, lenders, insurers and consumers. This Practice Note highlights particular Precedents you can adopt or adapt to satisfy discrete CQS obligations. Section 1. Structure and strategy For detailed requirements, see: CQS Core Practice Management Standards. Management structure Refer to Precedents: Financial management policy—law firms Governance arrangements—law firms, which is designed to align with a governance structure chart: Solo governance and supervision structure chart Sole practitioner governance and supervision structure chart Non-departmentalised partnership governance and supervision structure chart Departmentalised partnership governance and supervision structure chart Corporate structure governance and supervision structure chart ...

Practice Note This Practice Note offers guidance on interpreting and applying the relevant provisions of the CPR. Depending on the court in which your proceedings are taking place, you should also remain alert to any additional provisions—see: Court specific guidance. The Note explains the status of authorities to be relied on before the court and emphasises the importance of accurate citation of authorities. It is counsel’s duty to cite the correct law report for a case; citing an unofficial report is not adequate where an official or approved report is available. Accordingly, when conducting research or compiling bundles for counsel or the court, ensure that citations are to the most appropriate law reports at all stages, wherever possible. The applicable sources are set out in Practice Direction ( Citation of Authorities (2012). The cost of producing a non-compliant bundle of...

This Practice Note outlines what a Part 8 ( CPR 8) claim is and when appropriate. It also identifies CPR provisions that are disapplied for Part 8 proceedings. It explains commencing a Part 8 claim, offering practical guidance on completing and serving the claim form. It addresses case management and costs management points; extensions of time for service of the claim form and supporting evidence; and the scope to pursue CPR 20 claims. It further covers how to respond to a Part 8 claim, including challenging the suitability of the Part 8 route, lodging evidence, seeking summary judgment within a Part 8 claim, and moving Part 8 claims to Part 7 ( CPR 7). The Practice Note gives direction on construing and applying the relevant CPR provisions. Depending on the court handling your case, you may need to consider extra...

This Practice Note sets out a catalogue of costs precedents, including links to the precedents in PDF or Word format...

Introduction This Practice Note reviews the rules governing writs of sequestration for enforcing a judgment or order under CPR 83, where no contempt of court proceedings are pursued. If an application seeks confiscation of assets as a sanction for contempt of court, it falls within CPR 81 (see CPR 83.1(3)), and guidance is available in Practice Note: Civil contempt proceedings—confiscation of assets (‘writs of sequestration’). It focuses solely on enforcement by sequestration, not on punishing contempt. Relevant provisions in the CPR From 6 April 2021, the provisions relevant to writs of sequestration used to enforce a judgment or order are found in CPR 83. For the purposes of CPR 83, a ‘writ of execution’ expressly includes a writ of sequestration ( CPR 83.1(2)(l)). Historically, the now-revoked rule 83.2A required that any application for permission to issue a writ of sequestration be made in...

This Practice Note outlines the claimant’s obligation to lodge a certificate of service for the claim form ( Form N215). It explains the purpose of the certificate, the information it must set out, and the time for filing in accordance with CPR 6.17. It also indicates what to do if the filed certificate is incorrect or has not been filed at all, and considers the position where the court effects service of the claim form Requirement to serve a certificate of service The obligation to file a certificate of service is limited to the claim form; it does not extend to the particulars of claim, as confirmed by the Court of Appeal in Henriksen v Pires (2011). The requirement to serve a certificate arises where the claimant, rather than the court, serves the claim form on the defendant......

Defining counterparty risk It is the exposure assumed when one enters into derivative agreements with a specified party. Such arrangements can give rise to several forms of risk, notably reputational and legal, yet the dominant concern is credit risk. That is the possibility that the counterparty does not honour obligations as they fall due. Reputational issues can be addressed at the outset of discussions by deciding whether to trade with that party, while legal risk can likewise be managed through specialist legal advice and detailed negotiated terms. By contrast, credit exposure persists for the full duration of the transaction or deal and therefore demands ongoing, proactive surveillance and the capacity to revisit transactions with that counterparty if the risk is judged to have altered in a material way. Measuring counterparty risk The creditworthiness of a derivative counterparty can shift over the term of the...