Legal Practice Notes

Bringing a client matter to a tidy close is a core element of client care, risk control and housekeeping. There are both regulatory duties and good practice points to weigh as well. This Practice Note is a practical ‘how to’ for law firms on closing files, outlining steps to take and key considerations when concluding a matter. It explains practical actions involved and regulatory and other factors that arise when bringing a matter properly to a close. Regulatory requirements SRA requirements The SRA Standards and Regulations require you to demonstrate that you deliver services in a way that safeguards clients’ interests, consistent with the proper administration of justice. The Standards and Regulations are not prescriptive about how this must be achieved. If you supervise or manage others providing legal work, you remain answerable for their output and for ensuring those you oversee are competent and...

Introduction The duty of care expected of doctors and other clinicians is widely recognised. Yet claims alleging delayed diagnosis or treatment are often made harder by issues of causation. Almost every clinical negligence claimant arrives with existing health risks. The core question in this field is whether, and exactly which, further harm and loss were brought about by the supposed medical negligence... Types of claim Cases involving delay in treatment or diagnosis arise across the NHS. The most substantial claims tend to occur in acute and emergency settings—an unwell patient moves through many steps in a large hospital, and each stage offers scope for delay. Typical instances include: late ambulance attendance at the scene or slow transport to hospital patients being incorrectly triaged in A& E postponed referral for investigations investigations being misinterpreted delay or failure in obtaining senior or...

A client care letter ( CCL) A clear, straightforward client care letter that contains the right details can strengthen your business by: showcasing your values and high standards of service reducing the likelihood of complaints by setting out what clients can expect, particularly regarding costs retaining clients explaining the regulatory protections your clients benefit from making clear what you require from the client so you can progress their matter or protect their legal position There is little that the SRA specifically requires you to provide to clients in writing at the start of their matter, and there is no regulatory obligation to issue either a CCL or a terms of business ( TOB). However, the SRA clearly expects firms to use a CCL and has produced guidance, which is reflected in this Practice Note. This Practice Note also reflects the Law...

This Practice Note mirrors obligations set out in the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs, and the SRA Code of Conduct for Firms (together, the ‘ SRA Codes of Conduct’). See also Precedent: Client care manual. Regulatory duties concerning client care are broad and span many topics. Client care expectations also appear in the Law Society’s voluntary practice management standard, Lexcel. These are compulsory for firms that hold, or are working towards, accreditation. They are not compulsory for other firms, though they indicate good practice. SRA and other requirements SRA and other regulatory obligations relating to client care address these themes: dealing with client matters vulnerable clients accepting and refusing instructions and ceasing to act client protections information on costs commissions and financial benefits referrals and fee...

A company with a share capital can issue several classes of share, each carrying distinct rights. A company without a share capital may likewise have different classes of member with varying entitlements. The presence of multiple share classes or categories of member within a company may result in class rights arising. Where class rights exist, they may only be altered in the manner allowed by the Companies Act 2006 ( CA 2006). Different types of shares In a limited company that has share capital, every share must have a fixed nominal value (as mandated by CA 2006, s 542) and will generally be given a designation or name, for example ordinary shares of £1 each. The nominal (par) value is the fixed monetary figure by which a share is denominated and defines the shareholder’s liability to contribute to the company’s assets on a winding up. Any...

Order of play in the multi-track, intermediate track and fast track The judge will typically have read the papers and may prefer to dispense with an opening address. When acting for the claimant, a sensible course is for the advocate to ask whether the judge has had an opportunity to consider the papers (and, where relevant, any skeleton arguments) and whether they would like the advocate to open the case. The sequence can depend on the track and/or the venue, but a usual order of play for a trial, subject to the trial judge’s direction, is: claimant’s opening defendant’s or other parties’ opening claimant’s evidence defendant’s evidence claimant’s closing submissions defendant’s closing submissions claimant’s reply judgment costs and consequential orders In more complex trials, the court may require the parties to provide written closing...

Enforcing road traffic regulation orders is more complicated than for many other offences, as the first indication that a breach has occurred is often merely a report that a particular motor vehicle was, for example, speeding, travelling the wrong way along a one-way street, or parked in the wrong place or left for too long. A vehicle cannot commit an offence; it is the driver who does, and identifying the actual driver is frequently difficult, especially with parking offences, because they are commonly not in or near the vehicle. Road traffic—criminal offences Standard criminal law procedures can be used where a witness can reliably identify the motorist alleged to have committed the offence. In other situations and circumstances, when the driver’s identity is not known at all, secondary offences have been created, as in section 172 of the Road Traffic Act 1988 ( RTA 1988), which makes it an...

This Resource Note summarises the key features of Rule 2 of the City Code on Takeovers and Mergers (the Code), addressing strict confidentiality obligations ahead of any announcement and both the scheduling and substance of offer announcements. It signposts pertinent materials, commentary and guidance issued by the Panel on Takeovers and Mergers (the Panel), together with Lexis+® UK commentary and tools, to provide practical insight and guidance into interpreting and applying Rule 2. Materials referenced in this Resource Note comprise the following: Practice Statements released by the Panel Executive (the body responsible for the day‑to‑day supervision and regulation of takeovers) ( Executive), which offer informal guidance on how the Executive usually interprets and applies the Code Panel Statements ( P/ S) and Panel Instruments issued by the Panel Public Consultation Papers ( PCP) and Response Statements ( RS) from the Code...

NOTE—to check whether notification thresholds in Chile and worldwide are satisfied, please see: Where to Notify. 1. Have there been any recent developments regarding the Chilean merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Chile? On 1 June 2026, Chile’s current merger control framework will have been in force for seven years. Set out in Section IV of the Chilean Competition Act ( Decree Law No. 211, DL 211), it created a pre-emptive, compulsory notification to the National Economic Prosecutor’s Office ( Fiscalía Nacional Económica, FNE) for transactions deemed ‘concentration operations’ that satisfy the thresholds described below......

Case tracker Beyond the circumstances surrounding the incident, a child claimant’s age and level of maturity are pertinent in any road traffic accident claim. In deciding if a child was contributorily negligent, their conduct must be judged in light of their years. This case tracker reviews authorities addressing children’s contributory negligence in road traffic accident matters. The decisions offer practical direction on the courts’ interpretation and application of the Law Reform ( Contributory Negligence) Act 1945 where injured children are involved in road traffic accidents. While precedents can assist to a degree, it must be recognised that every claim turns on its particular facts and outcomes will vary accordingly. Case law remains a guide rather than a rule......

This Practice Note explains the threshold criteria contained in section 31(2) of the Children Act 1989 ( Ch A 1989) and identifies the public children law applications within its scope. It outlines the statutory definition of those criteria under the Ch A 1989 and the need for evidence of significant harm. It further considers standards of proof, situations where the perpetrator is unknown, and the court’s responsibilities and duties, including how findings are to be formally recorded......

Offence of cheating the public revenue The offence of cheating the public revenue is a common law crime triable solely on indictment. Consequently, where the public purse is the victim, the fraud will invariably be heard in the Crown Court, even though an equivalent matter between private individuals might be suitable for summary trial. Section 32(1)(a) of the Theft Act 1968 ( TA 1968) preserves this offence whilst abolishing cheating in general. In R v Dosanjh, the Court of Appeal concluded that it is reasonable to infer that Parliament intentionally left the common law offence unaffected by statutory reforms in this area, recognising that doing so was appropriate for the protection of the public. In that case, the Court of Appeal further held there was sound reason to prefer charging the common law offence in relation to ‘missing trader...

Chandlers Building Supplies Holdings Limited, alongside 12 other Turbo Group companies, pursued 13 inter-conditional Part 26A restructuring plans at a convening hearing in June 2025 and a sanction hearing in July 2025. The principal points are set out below (capitalised terms have the meanings given in the convening and sanction judgments). This Deal Debrief is part of our Restructuring plans toolkit. For detailed metrics on RPs filed in 2024 and insights from leading restructuring practitioners, see News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024... Name of plan companies Chandlers Building Supplies Holdings Limited Chandlers Building Supplies Limited CRS Building Supplies Limited Devondale Electrical Distributors Limited Dougfield Plumbers Supplies Limited Fairalls ( Builders Merchants) Limited Grant & Stone Limited Parker Building Supplies Limited Pennyhill Timber Ltd Rawle Gammon & Baker...

This Practice Note outlines the tests a court applies when deciding if visual identification evidence should be ruled inadmissible at trial. It highlights typical infringements of the Police and Criminal Evidence Act 1984 ( PACE 1984) Code of Practice D ( PACE Code D) and sets out the principles governing the admissibility of dock identifications and recognition evidence. Breach of PACE Codes of Practice The setting up and conduct of identification procedures are regulated by the Police and Criminal Evidence Act 1984 ( PACE 1984) Codes of Practice, Code D, commonly referred to as PACE Code D. A breach of PACE Code D arises where: the police do not arrange an identification procedure in circumstances requiring one (that is, where identity is disputed and such a procedure would be of practical value), or having initiated an identification procedure, the police fail to comply with the...

In brief Settled case law makes clear that only the Court of Justice of the European Union has authority to declare an EU act invalid. Under the Treaty on the Functioning of the European Union ( TFEU), the validity of an EU Directive can be contested in several ways: by filing a direct action for annulment before the Court of Justice under Article 263 TFEU; by challenging the Directive’s validity indirectly in proceedings before a national court. Such proceedings are aimed at the national measures used to transpose the Directive, and the national court may request the Court of Justice to examine the Directive’s validity via the preliminary reference route in Article 267 TFEU; by invoking a collateral challenge under Article 277 TFEU (plea of illegality) attached to a principal direct action brought under Article 263...

This Practice Note outlines CE- File electronic working/electronic filing (also referred to as e-working/e-filing) in the courts under CPR PD 5C. CPR PD 5C applies from 1 October 2025—for guidance on CE- File before that date, see Practice Note: Electronic working and CE- File—when and where is CE- File applicable? [ Archived]. It explains which courts use electronic working and the proceedings to which it applies. Read this Practice Note together with: How to use CE- File—from 1 October 2025—for guidance on using CE- File Electronic communication and filing of documents by email— CPR PD 5B—for guidance on electronic filing under CPR PD 5B Which courts use CE- File? The courts using CE- File are listed in CPR PD 5C, para 1.3 and include: the following Rolls Building jurisdictions at the Royal Courts of Justice in London (the Rolls Building...

The Regulations The Regulations took effect on 6 April 2015. They aim to embed health and safety as a core, everyday factor in the planning and oversight of construction schemes, and to clarify the responsibilities of all parties. Their policy aims are to preserve or enhance worker protection, streamline regulatory practice, curb unnecessary bureaucracy and align with better regulation principles (they gave effect to the EU Temporary or Mobile Construction Sites Directive (the ' TMCS')). The Regulations should be considered alongside detailed guidance from the Health and Safety Executive ( HSE Guidance on the ). It provides practical context and illustrative clarification. That guidance, whilst not legally binding, adds substance to the bare framework of the Regulations for everyday application in practice. They apply to all 'construction work' (as defined in regulation 2). To meet the TMCS, which placed obligations on domestic clients,...

This Practice Note examines two ways in which the Cayman Islands courts uphold parties’ agreements to arbitrate disputes: orders staying court proceedings in favour of arbitration, and anti-suit injunctions restraining breaches of arbitration agreements. Note: the Cayman Islands court judgments referred to in this Practice Note are not reported by Lexis Nexis® UK. An introduction to the Cayman Islands arbitration regime Where the seat of arbitration is the Cayman Islands, arbitration proceedings, irrespective of the parties’ locations, are governed by the Arbitration Act 2012 (the Arbitration Act). With effect from 3 December 2020, under the Cayman Islands Citation of Acts of Parliament Law 2020, any Cayman Islands enactment that was a ' Law', or that contains a reference to the title of a Law, is amended by removing the word ' Law' and replacing it with ' Act'. As a result, all Cayman Islands...

Cause of action estoppel is a sub-category of the doctrine of res judicata (see Practice Note: The doctrine of res judicata). Alongside the general key requirements for proving res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note addresses the particular criteria for establishing a cause of action estoppel. For guidance on issue estoppel, see Practice Note: Issue estoppel. What is cause of action estoppel? the same parties, or those in privity with them; and the dispute concerns the same subject matter, and a second claim advances a cause of action identical to that pursued in the first claim ( Arnold v National Westminster) ......

What is a cashless exercise of options? The term ‘cashless exercise’ of options, sometimes called a ‘cashless exercise facility’, describes a method for exercising share options on the basis of an undertaking by the option holder to settle the exercise price (and often any income tax and National Insurance contributions ( NICs) payable by the option holder on the exercise of the option) out of the sale proceeds of the shares obtained on exercise. This might involve selling all of the acquired shares, or disposing of only so many shares as are needed to meet the exercise price and, where relevant, any income tax and NICs due at that time. In essence, a cashless exercise facility lets the option holder exercise an option without having to provide the exercise costs themselves up-front, removing the need to fund those amounts in...