Legal Practice Notes

Types of pricing conduct In broad terms, EU and UK competition rules concentrate on two classes of pricing behaviour: agreements and/or concerted practices concerning price; and pricing strategies pursued by ‘dominant’ undertakings. Agreements and concerted practices Arrangements and coordinated conduct between two or more undertakings about the level at which prices are fixed or otherwise aligned (directly or indirectly via contractual devices, off‑the‑record behaviour, and/or exchanges of information). These ‘price restrictions’ (covering vertical distribution/resale terms, price parity clauses, horizontal cooperation, and cartel or cartel‑like behaviour) chiefly raise Article 101(1) TFEU/ Chapter I of the UK Competition Act 1998 ( CA 98) issues (see the prohibition on restrictive agreements and the Chapter I prohibition). Price coordination (whether horizontal or vertical) is generally viewed as illegitimate—being among the most problematic restraints as it conflicts with the very essence of...

In preparation for the mediation, it is usual for the parties to compile a bundle of documents to be provided to the mediator (and to one another) before the meeting, in accordance with the timetable they have agreed. It is common to produce a concise case summary to guide the mediator and sharpen the focus of the mediation. Where the mediation agreement requires it, this can be accompanied by supporting documents. For information about the mediation agreement, see Practice Note: Organising a mediation. Case summary for mediation Each party should prepare its own case summary in advance of the mediation. This summary should: give the mediator an overview of the issues in dispute and the current status of any negotiations present your position in the most favourable terms for the other side to consider be drafted to assist the...

This Practice Note offers direction on interpreting and applying the relevant CPR provisions. Depending on the forum in which your case is running, further requirements may apply—see the section Court specific guidance below. Preparing for application hearings in the digital age Traditionally, application hearings meant attending a physical courtroom and relying on paper bundles. Since the coronavirus ( COVID-19) pandemic, there has been a marked move towards technology-led disposal of applications. Shorter application hearings are, in many courts, now conducted remotely by default. For detailed guidance, see Practice Note: Remote and hybrid hearings in civil proceedings. Court documents are also increasingly filed electronically, particularly in the High Court. For further guidance, see Practice Notes: When and where is CE- File applicable?—from 1 October 2025 How to use CE- File—from 1 October 2025 Electronic bundles in civil proceedings Electronic...

Note: From 1 January 2026, the Financial List in the Chancery Division is running a pilot under CPR PD 51ZH under which specified documents deployed at public hearings (such as witness statements and skeleton arguments) will, by default, be accessible to the public at large. Practitioners issuing applications in this list should acquaint themselves with the pilot and ensure suitable measures are adopted to safeguard their clients, as necessary, when drafting any impacted documents. For guidance, see Practice Note: Non-party access to court documents and information in civil proceedings. Applications in the Chancery Division If your matter proceeds in the Chancery Division, the provisions of the Chancery Guide will govern any application you bring in that forum. This Practice Note offers guidance on Chancery Division applications, in particular closely cross-referring to the pertinent provisions of the Chancery Guide and the related regional guidance...

What is a pre-pack administration sale? A pre-pack administration sale is an arrangement where the disposal of some or all of a company’s business and assets is agreed with a buyer before an administrator is appointed, and the administrator completes the deal immediately upon, or soon after, taking office, following their formal appointment. The transaction concludes before any creditors’ meeting and without the court’s sanction, and it is implemented by the administrator. While confirmed as lawful in practice, pre-packs attract mounting and increasingly vocal criticism over opacity and insufficient attention to creditors’ interests, especially when the acquirer is the incumbent management team. The Statement of Insolvency Practice 16 ( SIP 16), issued by the Joint Insolvency Committee, regulates pre-packs to answer these concerns and criticisms. It imposes obligations on the administrator in connection with the pre-pack sale, including broader external marketing...

Although application materials and interviews can indicate a candidate’s fit for a vacancy, further checks or vetting are still required to confirm their overall suitability. You must confirm the individual’s permission to work in the UK (see section: Establishing the right to work in the UK). These steps complement the assurance gained from your initial application and interview assessments. In addition, you may need to: request references from their current and previous employers—see section: References where appropriate, seek a Criminal Record Certificate or Enhanced Criminal Record Certificate from the Disclosure and Barring Service ( DBS)—see section: Criminal records—asking questions and DBS checks obtain a pre-employment medical report on the candidate—see section: Health questions establish that a regulated candidate holds the qualifications claimed and review their disciplinary history—see section: Qualifications and regulatory record checks carry out pre-employment due diligence or...

What is a predatory marriage? A predatory marriage is the practice of selecting and marrying a vulnerable person, often someone older, to take control of their property and assets after they die. The intention is to secure their property and assets upon death. It involves grooming the person and influencing them into a decision to marry that they might not even understand. What does a predatory marriage look like? The predator will typically employ three tactics to gain control over the person: Grooming — making the person feel valued and loved. They may describe themselves as the person’s carer and repeatedly highlight to the person how valuable they are to them, telling them this again and again, and may even move into the home. Isolation — aiming to cut them off from family and friends, and may often claim the family have...

The core rule in property deals is caveat emptor—let the buyer beware. Put simply, the onus lies with the purchaser to ensure the asset they are buying matches what they intend to obtain, and that the consideration reflects fair value for what is on offer. Accordingly, the buyer must carry out as much investigation as possible before becoming bound to proceed... Searches deliver independent, third-party information about the property, supplementing or verifying details already identified from reviewing the title deeds or responses to enquiries. See also Practice Notes: Transferring commercial property—a practical guide— Pre-exchange—the due diligence process and Property—enquiries before contract and Due diligence—reviewing a registered title—checklist. This Practice Note examines the pre-contract searches that must, or are recommended to, be undertaken as part of title due diligence and are most frequently encountered in day-to-day practice. The list is not...

This Practice Note explores the function of enquiries within the due diligence process and how to deal with preliminary enquiries in commercial property transactions. What are enquiries before contract? Enquiries before contract (also known as pre-contract enquiries, preliminary enquiries or standard enquiries) feature in a range of situations, for example: a buyer investigating the purchase of freehold or leasehold land; a tenant making checks before a new lease is granted; a mortgagee conducting checks before taking a charge over land; a landlord considering acceptance of a lease surrender. For ease, references here to ‘seller’ and ‘buyer’ are used, which should be read as including landlord and tenant, or mortgagor and mortgagee where appropriate. These enquiries take the form of the buyer’s questions to the seller, almost always channelled through their respective legal advisers acting as...

Due diligence and the negotiation of a merger will unavoidably include the exchange of information between the parties. It is therefore essential that any such sharing is consistent with competition law. This Practice Note sets out the key steps to follow before closing, addressing both information flows and pre-merger integration planning. Outline the potential competition law issues that may arise during due diligence and deal negotiations, and the safeguards to minimise risk; and Highlight competition concerns linked to integration planning by the merging parties and the need for suitable safeguards to avoid breaches. Note—the term ‘merger’ in this Practice Note covers mergers, acquisitions, joint ventures or other business combinations. Information exchanges What are the competition law issues involved? Until completion, parties to a prospective transaction remain competitors. The sharing of competitively sensitive information ( CSI) between competitors can lead to serious...

This Practice Note sets out when it may be suitable to seek pre-action disclosure under CPR 31.16. Drawing on leading authorities, it describes the courts’ two-stage analysis when considering an order under CPR 31.16(3): first, whether jurisdiction exists—namely that the four conditions in CPR 31.16(3)(a)–(d) are satisfied—and, if so, secondly, whether the court should exercise its discretion to grant the order. It also addresses disclosure before proceedings in the setting of split trials, the court’s jurisdiction to order pre-action disclosure after a claim form has been issued, pre-action disclosure where the dispute is to be determined by arbitration, and pre-action disclosure in procurement matters. This Practice Note should be read alongside Practice Note: Pre-action disclosure—making an application. The court’s power to order pre-action disclosure The courts’ authority to direct disclosure before proceedings commence—ie pre-action...

Note—for guidance on whether notification thresholds in China and worldwide are met, see: Where to Notify. 1. Have there been any recent developments regarding the regime and are there any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in China? On 18 November 2021, the State Anti- Monopoly Bureau (the SAMR) was formally announced, and the competition law enforcement body was elevated from a unit within the SAMR to a national bureau overseen by a ministry and commission under the State Council, holding deputy ministerial status. Before this, China’s anti-monopoly framework was directed by the State Council and implemented through three arms within the Ministry of Commerce, the National Development and Reform Commission, and the former State Administration for Industry and Commerce. Following the 2018 institutional reform, responsibility shifted to the SAMR and its...

On 9 July 2012, the Immigration Rules governing settlement applications from a range of family members of settled people—partners, parents, children of those with limited leave as a partner or parent, and dependant relatives—underwent a major overhaul. These categories had previously been contained in Part 8 of the Immigration Rules. The reworked Rules were set out in two appendices: Appendix FM: family members, and its counterpart Appendix FM- SE: family members—specified evidence. Transitional measures preserved certain provisions of the Immigration Rules, Part 8 for individuals already granted leave to enter or remain under Part 8. The rules for entry clearance for children of settled parents were retained and, as a result, for children seeking entry clearance there are parallel regimes operating side by side. For other family matters, there are still points of contact where particular paragraphs of Part 8 remain...

Subordination Subordination is the reordering of claim priority against a debtor, whereby one creditor or a group (the junior creditor(s)) agrees that its debt will not be satisfied until liabilities owed to another creditor or group (the senior creditor(s)) have been paid. In effect, it changes the sequence in which creditors are repaid. This Practice Note explains: why subordination is adopted in particular finance transactions the two principal forms of subordination: contractual subordination, and structural subordination, and how insolvency affects subordination This Practice Note concentrates on the core principles for subordinating debt. Intercreditor agreements will typically address a broad range of matters, one of which is the subordination of junior debt. For fuller detail on how subordination provisions are included in, and drafted...

This Practice Note sets out an overview of a litigation process for a dispute in England and Wales. This Practice Note provides an outline of the litigation journey for disputes in England and Wales. It also offers a recap of the typical phases most civil cases will involve, spanning pre-action steps, issuing proceedings, trial, enforcement and any appeal, alongside related costs and funding considerations. It further addresses the court’s approach to case and costs management, lay and expert evidence, the obtaining of injunctions and the options for bringing proceedings to a close, including resolution by settlement. The Practice Note is arranged in a way that can be repurposed as a client letter to set out the principal stages of most civil disputes. It includes no outbound links to other Lexis+® UK materials. For links to content aligned to these key stages, refer to...

Basic principles The basic principles of mitigation are: damages are not recoverable for losses a claimant could have averted by taking reasonable steps where a claimant goes beyond what is reasonably required and thereby avoids loss, those avoided losses cannot be recovered the reasonable costs of taking steps to mitigate may themselves be claimed as damages A defendant who intends to argue that a claimant failed to mitigate must give notice well before the hearing, via the statements of case or otherwise, and advance a concrete case showing what the claimant might reasonably have done. Test to be applied The onus of proving a failure to mitigate lies with the defendant. Nonetheless, a claimant’s practitioner should anticipate mitigation arguments and gather evidence to meet them. The claimant’s reasons for particular decisions should be probed in depth. Expert evidence may also be required. Whether the claimant has mitigated their losses is a...

Introduction to Road Traffic Act 1988 and Motor Insurers Bureau This Practice Note offers a concise overview of motor insurance, uninsured motorists and untraced drivers, clarifying Part VI of the Road Traffic Act 1988 ( RTA 1988) and the Motor Insurers' Bureau ( MIB) Uninsured and Untraced Drivers Agreements. Motor insurance in the UK is notably complex. Across much of mainland Europe, the owner insures the vehicle and the policy extends to any driver who has the owner’s permission. By contrast, UK cover is generally written for specified drivers, and frequently only for stated uses. Part VI of the RTA 1988 requires compulsory third-party motor insurance and sets out a statutory scheme describing when an insurer must pay damages to an injured person. It gives effect to what is now Directive 2009/103/ EC, the Sixth Motor Insurance Directive. The MIB is a private...

This Practice Note offers guidance on the SRA Codes of Conduct within the SRA Standards and Regulations. The SRA Standards and Regulations comprise two Codes of Conduct—a Code for Solicitors, RELs, RFLs and RSLs, and a Code for Firms. The Standards and Regulations (including the Codes of Conduct) set out the standards and requirements that individual solicitors and firms regulated by the Solicitors Regulation Authority ( SRA) are expected to achieve and observe: for the benefit of clients, and in the general public interest This Practice Note outlines the structure of the SRA Codes of Conduct, identifies who carries responsibility for adherence, and the potential outcomes of any breach. It contains a series of tables setting out and contrasting how the requirements in the Codes apply to individuals and to firms, highlighting similarities and differences across those duties. For further guidance on the SRA...

This Practice Note offers guidance on remote and hybrid hearings, conducted by video-conference or by telephone, in civil proceedings. It explains what amounts to a remote or hybrid hearing, identifies when a hearing may be held remotely, addresses telephone hearings, and outlines the electronic platforms available for remote hearings. It also gives direction on how non-parties may obtain remote access to hearings. Depending on the court hearing your matter, you may need to consider further provisions—see: Court specific guidance. What is a remote hearing? A remote hearing may proceed by video link or over the telephone. Some hearings run with a mixture of attendance, where certain participants join remotely while others appear in person at court; this is commonly described as a hybrid hearing. Hybrid arrangements can offer flexibility for legal teams, clients and witnesses, accommodating those able and willing to attend court and those who are not. In...

This Practice Note offers guidance on interpreting and applying the relevant provisions of the CPR. Depending on the court handling your case, you may need to consider additional requirements—see below. It clarifies when the Practice Direction Pre- Action Conduct and Protocols (the Practice Direction) takes effect and outlines its aims and principles. It also covers what a claimant should include in a letter of claim and what is expected in the defendant’s reply, and briefly touches on ADR, limitation and experts. When does the Practice Direction on Pre- Action Conduct and Protocols apply? The Practice Direction sets out the conduct generally expected of parties before proceedings are issued. Its provisions apply across the board, but it is specifically stated to govern where none of the more detailed pre-action protocols is relevant to your claim (see Practice Direction Pre- Action Conduct and Protocols, para 2). For...