Legal Practice Notes

Deferred share bonus: key elements Deferred share bonus arrangements are usually made up of the following core features: they are set up as employees’ share schemes within section 1166 of the Companies Act 2006 ( CA 2006)—see Practice Note: The Companies Act definition of employees' share scheme and its implications participants are generally also enrolled in the company’s annual bonus plan......

This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note offers guidance for public procurement exercises launched before the Procurement Act 2023 ( PA 2023) took effect on 24 February 2025. Procurements within scope that start on or after that date are subject to PA 2023. Under PA 2023’s transitional and savings provisions, the former public procurement regimes persist as needed so contracting authorities can conclude and administer procedures begun before PA 2023 commenced (ie ongoing procurements). This Practice Note should be interpreted on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical material on PA 2023 sits in a separate subtopic: Procurement Act 2023—overview. It is intended to be read alongside those materials for context and background. Remedies for breach of PCR 2015 The Public Contracts Regulations 2015 ( PCR 2015), SI...

Who is the supervisor and what is the supervisor’s role in a company voluntary arrangement ( CVA)? The supervisor is a pivotal figure within a CVA. For broader guidance on CVAs, see Practice Note: Company voluntary arrangements. Once creditors approve a CVA proposal, the supervisor’s duty is to ensure the arrangement is carried out in strict accordance with its terms. The role must be performed by a licensed insolvency practitioner ( Insolvency Act 1986, s 1(2); Insolvency ( England and Wales) Rules 2016, SI 2016/1024, r 2.3(1)(i)). An earlier provision ( IA 1986, s 389A) would have allowed other individuals to be authorised solely to act as nominees or supervisors in voluntary arrangements, but it was never utilised. Section 389A was repealed by the Deregulation Act 2015 and replaced by a regime permitting the partial authorisation of insolvency...

This Practice Note examines how a claimant may serve court documents outside England and Wales, other than the claim form (which has its own bespoke rules). It addresses service by a claimant on a defendant, and by one defendant on another defendant, where the intended recipient is outside the jurisdiction. It also covers service on non-parties in such circumstances. Practical consideration Confirm whether the person to be served has complied with CPR 6.23 by supplying an address for service for documents relating to the proceedings. The rule applies once proceedings have been commenced and requires each party to give a UK service address for the solicitor acting for them or, if no solicitor is acting, the address at which they either reside or conduct business. If a defendant has no address in the jurisdiction and is unrepresented, the defendant must still provide a UK address for...

Replacement vehicles and hire generally Where a motorist’s car has been harmed in a collision to such an extent that it demands repair or outright replacement, they will quite possibly need a stand‑in vehicle for day‑to‑day use. Some motorists may, perhaps through their own insurance policy, have access to a courtesy car for the spell when their vehicle is unavailable to them. However, many drivers will not enjoy that facility and will instead consider hiring an alternative vehicle to bridge the gap. This is especially so where no courtesy car is offered. Conventional vehicle hire will, as a rule, require the hirer to settle the full rental charges when the hire period ends, commonly after paying a sizeable deposit up front in practice. If the substitute car is required for a prolonged period, the cumulative hire charges can become...

The Solicitors Regulation Authority The SRA’s Standards and Regulations set out two Codes of Conduct: one for individuals and another for firms. For guidance on these, see Practice Note: SRA Codes of Conduct for individuals and firms (available subject to subscription)... Preliminary checks The SRA Codes and the Money Laundering Regulations require initial checks on prospective clients. For trustee and trust compliance, refer to the following Practice Notes from Compliance for trusts—overview: Money Laundering Regulations 2017—impact on trustees Trusts—disclosure of beneficial ownership information via the Trust Registration Service ( TRS) and record-keeping Trust Registration Service ( TRS) Beneficial ownership registers—private clients and trusts The first client meeting The Law Society’s Practice Note Engaging clients indicates the key matters to address include: the client’s objectives your role your advice the costs of the retainer The client’s objectives for setting up a...

Applications for court orders are a fundamental part of civil litigation. It is feasible to reach trial without issuing any application, yet in practice parties will usually need to invite the court to make an order at some juncture, even if this occurs on an informal basis. The framework for applications is chiefly set by CPR 23 and CPR PD 23A, but those provisions must not be treated alone; to lodge a CPR‑compliant application, one must consult several other Parts of the CPR. The position is made more intricate because distinct courts and the divisions of the High Court operate their own application rules contained in the various court guides. This Practice Note maps the route for bringing an application and provides links to fuller guidance on each step. Accordingly, these materials should be read together, with guidance dispersed across the CPR and court...

Court fees and disbursements On issuing a fresh application to the court, every applicant must pay the relevant court fees and disbursements. Further, charges are due to the supervisory authority, the Office of the Public Guardian ( OPG). If a professional is named as deputy, they may levy fees for work undertaken for the protected person ( P). Both professional and lay deputies can claim back reasonable out-of-pocket expenses. Where the case relates to P’s property and financial affairs, the default position is that the costs of the proceedings, or the part dealing with property and affairs, are borne by P or debited to P’s estate. If the case addresses P’s personal welfare, the usual approach is that no order as to costs is made for the proceedings, or for the welfare element of them. If both property and affairs and personal welfare are in...

This Practice Note examines the scope to recover costs where a court order is silent on costs. While parties are not entitled to any costs linked to that particular order, it is important to recognise that in certain situations a costs order may be treated as having been made. In those circumstances, costs can be recovered. The general rule—no costs recovery The starting point is that if an order includes no provision about costs, the parties cannot recover their costs associated with that order ( CPR 44.10(1)). In such instances, a party also cannot seek an order under section 194(3) of the Legal Services Act 2007 ( LSA 2007) for payments relating to pro bono representation. The analysis in Kapoor v Johal (2024) confirms the meaning and effect of CPR 44.10(1)(a)(i), consistent with the pre‑ CPR 44.10 decision in Griffiths v...

This Practice Note explains when a costs budget must be filed at court and exchanged with other parties under CPR 3.13. It also sets out when the parties may agree to extend the deadline for filing and exchange in accordance with CPR 3.8(4). Note that costs budgeting does not apply to cases within the fixed costs regime. For details on fixed costs, see: Fixed costs—overview. This Practice Note offers guidance on the interpretation and practical application of the relevant CPR provisions. Depending on the court in which the proceedings are issued, specific considerations may apply; see: Court specific guidance. Requirement to file and exchange a cost budget Filing requirement in cases subject to the costs budgeting regime Each party, unless acting as a litigant in person, is required to file and exchange a costs budget in line with the timetable in CPR 3.13(1) or as...

This Practice Note examines the courts’ overall approach to costs budgeting, the court’s function in supervising costs, and the distinct treatment of incurred costs as against budgeted costs. It further addresses the court’s position on hourly rates and contingencies, together with the situation where the parties have, or have not, reached accord on their respective costs budgets. Costs budgeting—general approach Costs budgeting is not a granular assessment; instead, it is the exercise by which the court sets a sum that is reasonable and proportionate, on the standard basis, for each party’s budgeted (future) costs. In essence, its purpose is to inform parties of the potential liability they may face to the other side if they are unsuccessful and/or if a costs order is made in the opponent’s favour. At this stage, the court commonly adopts a broad‑brush stance. Nevertheless, in exceptional matters it can be...

Key legislation A contract-based defective product claim is often simpler than one founded in negligence. This is because the claimant need only demonstrate that the item is not of satisfactory quality or not fit for its intended purpose. There is no requirement for the claimant to establish fault on the part of the seller or any other person. That said, in general a claimant must be a party to the agreement to pursue a breach of an express or implied term of that agreement. The Consumer Rights Act 2015 ( CRA 2015) took effect on 1 October 2015. CRA 2015 defines consumer entitlements and remedies for the sale of goods and the supply of digital goods and services on or after 1 October 2015. For personal injury practitioners, the key provisions concern contracts for the sale of goods and contracts for the...

This Practice Note explores the Consumer Rights Act 2015 ( CRA 2015) in the context of how fair and transparent business-to-consumer ( B2C) contract terms and notices must be. It addresses carve-outs from the unfair terms regime, the assessment of fairness, the ‘grey list’ of potentially unfair clauses, the transparency requirement, outright prohibitions, and how these rules are enforced. For an overall guide to the CRA 2015, including the definitions of ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary. For how the CRA 2015 applies to goods, services and digital content, see: Consumer Rights Act 2015—goods Consumer Rights Act 2015—services Consumer Rights Act 2015—digital content Guidance on specific B2C boilerplate provisions—adjudication, alternative dispute resolution ( ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, variation and waiver—is in Practice Note: Boilerplate clauses in...

This Practice Note sets out the core principles for securing injunctions concerning confidential information and privacy. Although other remedies exist for claimants in breach of confidence matters, stopping publication of the material by injunction is frequently the only remedy of real practical worth to the claimant. It also addresses anonymised injunctions, alongside both interim and final injunctions. In recent years, injunctions touching on confidentiality and privacy have provoked debate. So‑called ‘super‑injunctions’ have drawn media criticism for constraining free expression; yet much of this derives from misunderstanding of what a ‘super‑injunction’ actually signifies and from the false sense that such orders are far more common than they are. This Practice Note explains the overarching principles for obtaining relief in this field. For further material on privacy injunctions, see the following Practice Notes: Privacy law—misuse of private...

Similarities between Freedom of Information Act and Environmental Information Regulations At their core, the Freedom of Information Act 2000 ( FIA 2000) and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391, share a common purpose: enabling access to information kept by public authorities. For further detail, see Practice Notes: Environmental Information Regulations 2004—what is environmental information? and Introduction to freedom of information. More specific similarities include: time limits—under each framework, where the information is held and no exemption applies, public authorities must respond within 20 working days duty to advise and assist—both FIA 2000 and EIR 2004 set expectations for handling requests, requiring authorities to offer a reasonable level of advice and assistance to requestors and potential requestors appeals—identical appeal routes are available For more information, see Practice Notes: Environmental Information Regulations...

This Practice Note This Practice Note examines the circumstances in which contempt proceedings can be pursued under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 37, where a person has made a false statement in an affidavit, affirmation or other document verified by a statement of truth, or within a disclosure statement. It outlines the procedure to be followed when issuing such proceedings, including when permission is needed to pursue the application, and the test for granting permission. Applications and proceedings concerning contempt of court within family cases are regulated by FPR 2010, SI 2010/2955, Pt 37, together with its accompanying practice direction, the FPR 2010, PD 37A. FPR 2010, SI 2010/2955, Pt 37 applies to family proceedings in which the order to be enforced by committal was made under the provisions of the FPR 2010. It does not extend to other civil...

Negotiation Guide Part of the Practical lease negotiation collection, this Negotiation Guide sits alongside the Practice Note: New starter guide—entering into new commercial leases. A lease granted for a term of years may include a mechanism allowing the parties, or just one of them, to bring the lease to an end before the term expires. This is commonly called a break option (also known as a break clause, or an option to determine). A break clause can be operated: at any time after a specified date (a ‘rolling break’) on one or more specified dates upon the occurrence of identified events Where the break is conferred on the tenant, it is a tenant’s break option (or tenant’s break right), and where it benefits the landlord, it is a landlord’s break option (or landlord’s break right). The parties may alternatively agree mutual break rights, giving both landlord and tenant the...

Throughout any construction scheme, the client needs to remain at the heart of proceedings and decision-making. They lead the programme from inception to completion, usually handling budget allocation, timetable setting, and wielding significant sway over contractors and other parties involved, as well as coordinating inputs. These elements are essential to managing risk effectively both during delivery and thereafter, safeguarding outcomes, including post-completion phases. This pivotal part in risk control is formally acknowledged by the Construction ( Design and Management) Regulations 2015 (the ‘ Regulations’) and echoed in the Construction Industry Advisory Committee’s CONIAC Industry Guidance for Clients (the ‘ CONIAC Guidance’). The Regulations have force in Great Britain. In Northern Ireland, the Construction ( Design and Management) Regulations ( Northern Ireland) 2016 ( S. R. 2016 No. 146), made under the Health and Safety at Work ( Northern Ireland) Order 1978,...

Practice Note This Practice Note reviews the overarching principles relevant to road traffic accident claims, touching on matters such as speed, overtaking and queue-jumping, pulling out from a minor road, misleading signals, braking and skidding, the responsibilities of a following driver, vehicle lighting, and collisions involving multiple vehicles. Such claims are usually pursued in negligence. When determining whether a motorist has fallen below the required standard of care, the court looks to the Highway Code; breach of the Code can be used as tending to show liability. Further, although a criminal conviction for a road traffic offence does not of itself prove negligence, it shifts the evidential burden, requiring the defendant to rebut liability in the civil proceedings. Most traffic cases are fact-sensitive. Hard and fast rules are scarce, and the courts have criticised excessive citation of authority in a number of...

Practice Note on civil fraud (commercial fraud) This Practice Note outlines the principal causes of action you may wish to allege in a civil fraud claim, together with the relevant limitation periods. These include: Fraudulent misrepresentation and deceit Unjust enrichment Breach of fiduciary duty and breach of trust Conspiracy (lawful means and unlawful means) Dishonest assistance Knowing receipt Inducing (procuring) breach of contract Conversion The Note also addresses equitable relief via constructive and resulting trusts (including following and tracing), sham transactions, hacked email scenarios—business email compromise ( BEC) and ransomware—authorised push payment ( APP) fraud, and a brief look at cryptocurrency-related fraud issues. ‘ Illegality’ is not itself a standalone claim but may arise in civil disputes, notably as a defence—see Practice Note: Illegality in civil claims. For the standard of proof and the test for...