Legal Practice Notes

Note: with effect from 14 August 2023, the County Court Money Claims Centre ( CCMCC) and the County Court Business Centre ( CCBC) were renamed the Civil National Business Centre ( CNBC); see LNB News 14/08/2023 12— CCMCC issues name and performance update. This Practice Note explains the process for seeking to vary or discharge a charging order under CPR 73.10B. Can you apply to discharge or vary a final charging order? Section 3(5) of the Charging Order Act 1979 ( COA 1979) states that the court which made the charging order may, at any time, on the application of the debtor or any person with an interest in property to which the order relates, make an order discharging or altering the charging order. The procedural route for such an application is set out in CPR 73.10B. In Parr v Tiuta...

Under paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 ( CDA 1998), a defendant may, after being served with the documents containing the evidence underpinning the charge(s) but before arraignment, request the Crown Court—either orally or in writing—to dismiss the charge(s). The application may relate to any or all of the charges in the case. The process is set out in the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, r 3.20. How to make an application to dismiss The defendant must apply in writing no later than 20 business days after service of the prosecution evidence and before they are arraigned. An application can be made to extend the time limit. The application must be served on the Crown Court officer and on every other party to the...

ARCHIVED: This Practice Note has been archived and is not maintained. The UK is no longer bound by the Rome Convention in international law after leaving the EU. Even so, its substantive rules still apply in limited instances, ie where a contract was concluded between 1 April 1991 and 16 December 2009 and meets the act’s criteria. As a result, those rules are preserved in C( AL) A 1990, subject to amendments in The Law Applicable to Contractual Obligations and Non– Contractual Obligations ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/834. For the current position, see Practice Note: Contracts ( Applicable Law) Act 1990—parties fail to choose the applicable law. It covers: the basic rule where no choice is made—the governing law is that of the country most closely connected, determined by the contract’s characteristic performance the presumptions used to identify the closest...

The five-year partner and parent routes in the Immigration Rules, Appendix FM have strict eligibility requirements. Where a partner or parent applies for leave to remain but cannot satisfy every requirement, consideration is given to whether Appendix FM, paragraph EX.1 is engaged. This sits as one of the three limbs of the ten-year route to settlement for these applicants, the other two being the ‘ Exceptional circumstances’ provisions in Appendix FM at paragraphs GEN.3.1 and GEN.3.2. This Practice Note assesses when paragraph EX.1 should be treated as applicable. The clearest illustration of EX.1 being the most relevant provision is where the applicant partner has a genuine and subsisting parental relationship with a British child. In such circumstances, EX.1 may provide the appropriate basis for leave within the ten-year route......

This Practice Note provides guidance on the provisions set out in CPR PD 52C ( Appeals to the Court of Appeal). Those provisions concern appeals to the Civil Division of the Court of Appeal. They do not extend to: appeals in detailed assessment proceedings against a decision of an authorised court officer; appeals to the County Court, the High Court or the Supreme Court; situations where permission is sought to appeal a refusal to grant an interim injunction under section 41 of the Policing and Crime Act 2009. This Practice Note should be read alongside the general guidance in Practice Note: Starting an appeal—general provisions. Statutory right to appeal to the Court of Appeal The statutory right to appeal from any judgment or order of the High Court to the Court of Appeal is contained in section 16 of the Senior Courts Act 1981 ( SCA...

A party may seek an anti-arbitration injunction when a counterparty begins arbitration contrary to the agreed dispute resolution pathway, for example: by commencing the arbitration in an incorrect seat where the parties had committed to the exclusive jurisdiction of particular national courts This Practice Note examines the approach taken by the courts of England and Wales (references to England and English are for convenience) to awarding anti-suit relief in this context. For guidance on anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration ( England and Wales). The court's jurisdiction to grant an anti-arbitration injunction The court’s jurisdiction to grant an anti-arbitration injunction stems from its inherent powers under section 37 of the Senior Courts Act 1981 ( SCA 1981) ( Elektrim v Vivendi; Minister of Finance v IPIC) and from the jurisdiction under sections 44 and 72 of the...

This Practice Note reviews the protection of identity, namely the anonymisation of a person, in civil litigation proceedings under CPR 39.2(4). It explains: when the court may depart from the general principle of open justice in the context of applications for anonymisation; the courts’ approach to such applications; and the form and structure typically adopted in anonymisation orders of the courts. This Practice Note should be read alongside Practice Note: —illustrative decisions, which provides examples of the courts’ treatment of applications for anonymity. Anonymisation of a person Under CPR 39.2(4), the court may order that a person’s identity must not be disclosed if, and only if, it considers that non-disclosure is necessary to secure the proper administration of justice and to protect that person’s interests. Before 6 April 2022, CPR 39.2(4) permitted the making of anonymisation orders only in respect of a party or a...

NOTE—to check whether notification thresholds in Angola and worldwide are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Angolan merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Angola? Law No. 5/2018 of 10 May 2018 (the Competition Act) created a modern framework for competition law in Angola and established the Competition Regulatory Authority (the Authority) to enforce it. The Competition Law Regulations were approved by Presidential Decree No. 240/18 on 12 October 2018, with additional rules in December 2018 formally constituting the Authority. More recently, regulation on notification forms was adopted in January 2020, followed by the filing fees regulation in February 2021. The Authority became operational in 2019 and has since routinely received merger notifications. Between 2019 and 2024, the CRA reviewed 73 merger...

This Practice Note: CDD ID documentation— FAQs is intended for law firms. It addresses frequently asked questions on client due diligence ( CDD) and identification documents under the anti-money laundering ( AML) and counter-terrorist financing ( CTF) regime, including: Whether a current, valid UK photocard driving licence, on its own, is adequate to satisfy CDD requirements Whether CDD materials must be updated when items expire, e.g. a passport copy, for AML purposes What steps to take when a client’s passport and driving licence display different names to confirm the client’s identity Who is permitted to certify identification documents (passports, driving licences, utility bills, etc) and the exact certification wording to use Can a current, valid UK photocard driving licence alone satisfy CDD requirements?......

Reasons for amending security documents and key risks Reasons for amending a security document There are occasions when parties may decide to revise existing security documentation. Typical triggers include: wanting to alter the obligations that are secured the chargee seeking to assign or novate its security following a transfer of the underlying debt adding further assets as security or changing the nature of a current charge (eg converting a floating charge into a legal mortgage) correcting an error or formally recording an agreed amendment Parties may conclude that updating an existing security document is cheaper and more straightforward than putting a fresh one in place. Key risks of amending security documents New security? Depending on the amendment, a liquidator or administrator could assert that new security has been created, with the consequence that it might be set aside (see Practice Note: Introductory guide to antecedent transaction...

This Practice Note outlines the steps to alter or update a company’s articles of association in line with the Companies Act 2006 ( CA 2006). Why amend the articles? There are numerous reasons a company may wish, or be required, to revise or adjust its articles of association......

NOTE—to see whether notification thresholds in Algeria and worldwide are met, please also see further: Where to Notify 1. Have there been any recent developments regarding the Algerian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Algeria? Corporate matters within this regime fall under the present Algerian Commerce Code ( Ordinance No. 75-59 of 25 September 1975), whereas its competition dimension is currently regulated by the Competition Law ( Ordinance No. 03-03 of 19 July 2003) (the 2003 Ordinance). Two subsequent decrees in 2008 and 2010— Ordinance No. 08-12 of 25 June 2008 (the 2008 Ordinance) and Ordinance No. 10-05 of 15 August 2010—which, together, modified and expanded the 2003 Ordinance, significantly widening its reach to imports of goods for resale, agricultural produce, and public...

What is an agricultural occupancy condition/agricultural tie? A stand-alone dwelling in the countryside is only permitted in narrowly defined situations. These include instances where it can be shown there is an essential requirement for a rural worker, including someone taking majority control of a farm business, to reside permanently at or close to their place of work in the countryside. Planning consent for such a property will often carry an agricultural occupancy condition ( AOC), limiting occupation to a person employed (or last employed) locally in agriculture or forestry. These restrictions are also known as agricultural ties. The scope of AOCs has been the subject of extensive case law—see: Establishing breach of an AOC below for a summary of key case law on the subject. Why remove an AOC? An AOC significantly restricts the potential market for a dwelling and so suppresses its value. In...

Where defendants acknowledge guilt, they can either enter a guilty plea or require the prosecution to prove the case. Pleading guilty may attract a reduction in sentence; see Practice Note: Credit for guilty plea. That said, the Sentencing Council’s overarching guidelines on reductions for a guilty plea expressly curtail credit where a Newton hearing has occurred and the defendant’s account has been rejected. Those guidelines provide that the reduction otherwise available at the stage the plea was first indicated will generally be cut by half, and, if witnesses are called during the hearing, a further downward adjustment may be appropriate. Practitioners should therefore think carefully about any proposed basis of plea and be alert to the effect an unsuccessful Newton hearing may have on anticipated credit. They should also ensure clients are advised on both issues before a plea is entered, and that a...

This Practice Note summarises the law relating to the steps involved in preparing, identifying recipients and sending a notice of an annual general meeting ( AGM). It explains the required format and substance of notices, together with the statutory minimum timeframes for giving notice. Intended for practitioners and company secretaries alike, it applies to companies with equity shares on the Main Market of London Stock Exchange plc (listed companies) and to those with equity shares on AIM ( AIM companies), for whom the guidance is relevant. A public company is obliged to convene an AGM annually, within six months beginning the day after its accounting reference date. The Companies Act 2006 ( CA 2006) prescribes the detailed rules for calling and conducting an AGM, from convening through to holding the meeting. Where a public company is also a traded or quoted company, CA 2006...

STOP PRESS: On 29 July 2024, a significant overhaul of the UK listing framework took effect, which included scrapping the premium and standard segments and establishing a single listing category for equity shares in commercial companies. This commercial companies category is heavily disclosure-led and sits alongside other listing categories, such as the 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. For further information, see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note reflects the listing regime prior to 29 July 2024. It relates to the admission of depositary receipts, commonly referred to as global depositary receipts ( GDRs), to listing on the Official List of the Financial Conduct Authority ( FCA) and to trading on the main market for...

This Practice Note offers guidance on construing and applying the relevant provisions of the CPR. Depending on the court in which your case is advancing, you should also remain alert to any additional provisions that may apply—see further below. This Practice Note also outlines the courts’ typical approach to requests to adjourn an interim hearing. For examples showing how the principles set out below have been used by the courts in practice, see Practice Note: —illustrative decisions. Power to adjourn an interim hearing The court may adjourn a hearing under CPR 3.1(2)(b). Note that the definition of ‘hearing’ for interim applications appears in CPR 23.1. For further information on adjourning trial, see Practice Note: Adjourning trial. What factors will a court take into account on an application to adjourn an interim hearing? No specific direction is given in CPR 3.1(2)(b) as to the manner in which the power to...

This Practice Note sets out guidance on how to add, remove or replace parties before the expiry of the relevant limitation period under CPR 19. CPR 19.6 makes specific provision for adding or substituting parties once that period has ended—see Practice Note: Limitation—amending a party name and substituting or adding (joinder) of parties. Reasons for adding or substituting parties under CPR 19 Under CPR 19.1, a claim may include any number of claimants or defendants joined as parties. As a general principle, claimants may choose which defendants to pursue and cannot be compelled to add defendants they do not wish to sue ( Smith v Michelmores Trust Corporation Ltd, applying Dollfuss Mieg et Compagnie SA v Bank of England). That approach is, however, subject to particular situations where the law provides otherwise, including by procedural rules—for example, under CPR 64 ( Smith v...

Arbitration pursuant to the Arbitration Act 1996 ( AA 1996, as amended by the 2025 Act) operates on an ad hoc basis and is not run by any institution. Once the tribunal is appointed, it takes control of the reference and, subject to the parties’ agreement, sets, shapes and drives the procedure. For an overview of how proceedings are typically structured, see Practice Note: A quick guide to the arbitration process, which explains the general framework an arbitration will usually follow. Even so, the procedural course is influenced by the legal backgrounds of counsel and the tribunal: an English-seated case before an English arbitrator with parties represented by English counsel will often resemble English litigation. By contrast, where American and English counsel appear before a South- American arbitrator, the methodology may differ and be swayed by the...

Produced with input from Rebecca Cousin of Slaughter and May on market practice. This Practice Note succinctly outlines the relevant rules and guidance concerning parties who are, or are deemed likely to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular, the note reviews the various relationships that may amount to acting in concert, the importance of concert parties for Rule 9 of the Code, and the disclosures required in connection with stakebuilding. Stakebuilding is not prohibited by the Code, but can carry significant implications. The effects of membership of a concert party will typically be engaged under Rules 4 ( Restrictions on dealings), 5 ( Timing restrictions on acquisitions), 6 ( Acquisitions resulting in an obligation to offer a minimum level of consideration), 8 ( Disclosure of dealings and...