Substantive Law

This practice note explains the elements needed to establish adverse possession: factual possession and intention to possess. It also links to two practice notes on the procedure for claiming title to land by adverse possession: Adverse possession and the Land Registration Act 2002. This explains the regime for adverse possession in relation to registered land under the Land Registration Act 2002 (LRA 2002), which came into force on 13 October 2003. Adverse possession before the Land Registration Act 2002. This explains the regime for adverse possession as it used to apply to both registered and unregistered land, and which will continue to apply to unregistered land.   The law on adverse possession as it stood before the LRA 2002, continues to apply to registered land where the possession relied upon is for a period of at least 12 years ending before 13 October 2003.

This note addresses the role of alternative dispute resolution (ADR) in the context of the public sector and judicial review proceedings, and the relationship between ADR and the government's Dispute Resolution Commitment (DRC).

A practice note on the material changes to the Insolvency Rules 1986 (SI 1986/1925), mainly set out in Part 4, relating to winding up or compulsory liquidation of companies, that will be implemented by the Insolvency (Amendment) Rules 2010 (SI 2010/686) with effect from 6 April 2010.

The term 'commercial fraud’ covers a wide range of activities that may give rise to various causes of action. This note introduces and considers some practical examples of commercial fraud and examines some of the advantages and disadvantages of pleading fraud.

This Practice note provides an overview of the money laundering regime that applies to lawyers pursuant to the Money Laundering Regulations 2007 (2007 Regulations). The 2007 Regulations came into force on 15 December 2007 and replace the Money Laundering Regulations 2003 (2003 Regulations). They bring the 2005 Directive on money laundering into effect in the UK. The 2007 Regulations introduce new requirements and vary requirements that were in the 2003 Regulations. In particular, the 2007 Regulations require that: The lawyer is able to identify the beneficial owner of client trusts, companies and partnerships. The lawyer applies customer due diligence measures and monitors client activities according to a risk-based approach, applying less stringent procedures for low risk situations and more stringent procedures in higher risk situations. Training for staff is both regular and covers terrorist financing issues. Lawyers are also to have regard to the Law Society's anti-money laundering practice note published on 6 October 2011, and the Solicitors Regulation Authority's warning cards on money laundering (April 2009), property fraud (April 2009) and bogus law firms and identity theft (March 2012).   Property lawyers should also take account of the joint Land Registry and Law Society practice note on property and registration fraud (September 2010), and the Law Society's note on mortgage fraud (October 2011).

A note outlining the law on liability limitation agreements for auditors under the Companies Act 2006 (CA 2006). For a link to the CA 2006, see Companies Act 2006: publication of final text. For general background to the CA 2006, see Practice note, Companies Act 2006: materials. Chapter 6 of Part 16 (auditors' liability) came into force on 6 April 2008.

A note which considers: On whom should a break notice be served. The best approach to serving a notice if there is uncertainty about the correct recipient. In what circumstances notices should be served on managing agents.

This note considers how criminal liability for offences under the Bribery Act 2010 may attach to companies.

This note explains what principles the Serious Fraud Office (SFO) must apply when making decisions about how to deal with cases of suspected criminal activity. In particular, the note examines the various guidelines the SFO must apply, particularly with regard to the Bribery Act 2010.

This note explains the purpose of a statement of ethics (or anti-corruption statement) and how it might best be used in the context of the Bribery Act 2010, particularly in relation to implementing adequate procedures to prevent bribery and demonstrating a top level commitment to doing so. This note accompanies Standard document, Bribery Act 2010: sample statement of ethics.

A practice note about the reform of the law on bribery in the UK.  This note has now been replaced by a new resource: Practice note, Bribery Act 2010, detailing the Bribery Bill which was introduced into parliament in November 2009 and received Royal Assent as the Bribery Act 2010 in April 2010.

A practice note on the procedures introduced on 1 June 2004 by the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 in relation to the renewal of business tenancies. This note explains the procedures to be used where either the landlord or the tenant wishes to initiate renewal of a lease. For information on the procedures for termination of business tenancies without renewal, see Practice note, Business tenancies - procedures for termination without renewal.  

A note on the criteria that must be satisfied for a tenant of a business lease to have security of tenure from the Landlord and Tenant Act 1954 (LTA 1954).

An overview of the civil litigation measures available to rights-holders when tackling counterfeiting such as prohibitory injunctions, freezing orders, disclosure orders and search orders.  

In this practice note, Tom Hibbert, a partner at RPC, outlines the causes of action available to individual investors and corporate bodies against financial institutions for misselling under the common law, regulatory and statutory regimes. This includes complaints to the Financial Ombudsman Service (FOS),  claims for breach of statutory duty, claims relating to advice in contract or tort and for misrepresentation. The note also considers possible contractual estoppel and limitation defences.  

An examination of the impact of insolvency on commercial fraud claims, this practice note considers the pari passu principle, transactions defrauding creditors, adjustments of prior transactions, fraudulent trading, wrongful trading and some potentially useful provisions for obtaining information from individuals and companies.

This practice note explains the effects of Part 3 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) on the law relating to recovery of commercial rent arrears. Part 3 of the TCEA 2007 replaces the remedy of distress with a new procedure for recovery of commercial rent arrears. The TCEA 2007 received Royal Assent on 19 July 2007. Part 3 is not yet in force. Section 25 of the Crime and Courts Act 2013 (CCA 2013) amends Schedule 12 to the TCEA 2007 with a view to Part 3 of the TCEA 2007 being brought into force but section 25 of the CCA 2013 is also not yet in force. For more information on commencement of the TCEA 2007, see Legislation tracker note: Tribunals, Courts and Enforcement Act 2007  and Legal update, Crime and Courts Bill 2012-13 receives Royal Assent. Although Schedule 12 sets out the framework for the procedure, much of the detail on how the procedure operates will be contained in regulations that are yet to be made. The Ministry of Justice intends to have draft regulations prepared by summer 2013.

A table that shows when each section of the Companies Act 1985 (1985 Act) was repealed by the Companies Act 2006 (2006 Act). To check when a section of the 2006 Act came into force, see Practice note, Companies Act 2006: When did it come into force?. For a table identifying those provisions of the 1985 Act that were repealed or re-enacted and their section number(s) in the 2006 Act, see Companies Act 2006: Table of destinations. For background information and materials on the 2006 Act, see Practice note, Companies Act 2006: materials.

GC100 paper published 7 February 2007 setting out the Group's view on best practice guidelines for compliance with the new law. This document is only available in MS Word format. Click here to view it.

This note explains what is meant by constitutional legislation in the UK. It discusses: The traditional view of the constitution as a body of law and conventions. The High Court's recognition of a separate class of statute in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin). Constitutional legislation post-Thoburn. How constitutional legislation can be distinguished from prerogative legislation and embedded legislation.

A commentary on the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) which implemented the Unfair Commercial Practices Directive (2005/29/EC) in the UK by introducing a general prohibition on traders treating consumers unfairly and requiring businesses not to mislead consumers through acts or omissions or subject them to aggressive commercial practices.

This practice note summarises the general rules in CPR 81 that apply to all types of: Committal applications. Orders for committal. Writs of sequestration. It also contains some guidance from the case law.

To be enforceable a contract with an organisation must be made by a person with authority. This note looks at the mixture of common law and statutory provisions that determine whether a person has authority.

An outline of the use of conditions precedent in contracts.

An outline of the ways in which a party to an agreement may discharge the contract.

An outline of express and implied terms in contracts.

A review of the legal concepts involved in the formation of binding contracts.

This practice note reviews the principles governing the interpretation (sometimes also called construction) of the express terms of written contracts.

An outline of common law mistake and its effect on a contract.

An outline of the ways in which contractual rights can be conferred and obligations imposed on third parties, including detailed discussion of third party rights under the Contracts (Rights of Third Parties) Act 1999.

A review of the fundamentals of contract law explaining the structure and terms of commercial contracts.

An overview of the ways in which contractual rights and obligations may be transferred to third parties.

This note provides a summary of the Corporate Manslaughter and Corporate Homicide Act 2007. The Act received Royal Assent on 26 July 2007 and is in force from 6 April 2008 (with the exception of the provisions relating to deaths in custody). The Act applies to the whole of the UK. Broadly, under the Act, an organisation (which includes most employers) is guilty of an offence if the way in which its activities are managed or organised (by its senior management) causes a person's death and this amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

Suggested answers to some common questions asked by creditors of insolvent companies and companies in financial difficulties.

This is a practice note on the recognition of restructuring and insolvency proceedings across different jurisdictions. It discusses why such recognition may be crucial to the success of formal corporate restructuring and insolvency processes (such as schemes of arrangement, CVAs and administrations). It also details the principal considerations when seeking recognition and provides an overview of the main legal regimes governing the recognition of UK insolvency proceedings abroad, and the recognition of foreign proceedings in the UK.

A note discussing the deadline for making an interim rent application.

A practical guide to the substantive law relating to decision-making by public bodies.

A note outlining the changes to the law on derivative claims and proceedings by members made by the Companies Act 2006 (2006 Act). For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. Part 11 (derivative claims and proceedings by members) came into force on 1 October 2007.

A note outlining the changes to the law on directors' duties under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. For a more detailed note on this topic, see Practice note, Directors' general duties under the Companies Act 2006. Chapter 2 of Part 10 (general duties of directors) came into force on 1 October 2007, other than the provisions relating to directors' conflict of interest duties (sections 175 to 177). Sections 177 to 175 came into force on 1 October 2008.

A guide to the duty to co-operate with and give information to an office-holder of an insolvent company under section 235 of the Insolvency Act 1986.

A note on the increasing trend in common law for decision-makers to give reasons, although there is not a general right for reasons to be given in administrative law decisions. The note discusses the cases in which the courts have imposed a duty to give reasons on a decision-maker, which are based on the public law proposition that decision-makers must act fairly, rationally and for proper law purposes.

A summary of the key practical and legal effects and restrictions faced by an undischarged bankrupt following the making of a bankruptcy order against him.

This practice note considers the disclosure issues arising where a firm or individual is being investigated by the FCA. It is part of a practical guide to the FCA enforcement process, written by PLC Financial Services. For an index to the FCA enforcement process practical guide, see Practice note, A practical guide to the FCA enforcement process: index.

This practice note provides an overview of the investigation process once a case has been referred to the FCA's enforcement function. It sets out some practical tips for firms and individuals who become subject to this process. This practice note is part of a practical guide to the FCA enforcement process, written by PLC Financial Services. For an index to the FCA enforcement process practical guide, see Practice note, A practical guide to the FCA enforcement process: index.

This practice note considers the key notification requirements to which FCA authorised persons are subject and the supervisory and thematic visits which the FCA carries out. It outlines the action which an authorised person can take, in consultation with the FCA, to seek to avoid a referral to the FCA's Enforcement and Financial Crime division in relation to any identified concerns. Although this practice note refers throughout to firms, it is also relevant to individuals authorised under the Financial Services and Markets Act 2000 (FSMA). This practice note is part of a practical guide to the FCA enforcement process, written by PLC Financial Services. For an index to the FCA enforcement process practical guide, see Practice note, A practical guide to the FCA enforcement process: index.

This practice note outlines the FCA's powers and the process it follows to investigate senior management. It suggests ways in which firms and individuals can deal with FCA investigations of senior management. This practice note is part of a practical guide to the FCA enforcement process, written by PLC Financial Services. For an index to the FCA enforcement process practical guide, see Practice note, A practical guide to the FCA enforcement process: index.

A note on the right to collective enfranchisement and the right to an individual lease extension under the Leasehold Reform, Housing and Urban Development Act 1993, as amended by the Housing Act 1996 and the Commonhold and Leasehold Reform Act 2002.

A note on environmental judicial review, including common grounds of challenge, remedies and a summary of practice and procedure.

An outline of the EU legislative process and its interpretation in the UK.

This note considers the ways in which a party may seek to exclude or limit its liability for negligence and negligent misstatement. It discusses the common law position, contractual exclusion clauses, the issue of estoppel and the impact of statutory restrictions such as the Unfair Contract Terms Act 1977 (UCTA).

A practice note on the formalities for the execution of deeds and documents by incorporated and unincorporated charities.

In this practice note, Jane Tuckley, partner, and Nigel Barratt, Director of Research, from Travers Smith LLP's Financial Services and Markets department, provide a summary of the most significant aspects of the FCA's disciplinary process, including in the context of an FCA enforcement action. This practice note is part of a series of Travers Smith LLP practice notes on the FCA's disciplinary and enforcement powers. For more information, see Practice note, FCA disciplinary and enforcement powers: a guide to content written by Travers Smith LLP.

In this practice note, Jane Tuckley, partner, and Nigel Barratt, Director of Research, from Travers Smith LLP's Financial Services and Markets department, outline the FCA's powers to conduct formal investigations under the Financial Services and Markets Act 2000. Relevant guidance in the FCA's Enforcement Guide is also identified. The FCA has the power to conduct both general investigations and a broad range of specific investigations. The scope and ambit of its powers differs in each case, with the widest powers being conferred for conducting specific investigations. In addition, the FCA has the power to conduct investigations in support of overseas regulators and into collective investment schemes. This practice note is part of a series of Travers Smith LLP practice notes on the FCA's disciplinary and enforcement powers. For more information, see Practice note, FCA disciplinary and enforcement powers: a guide to content written by Travers Smith LLP.

In this practice note, Jane Tuckley, partner, and Nigel Barratt, Director of Research, from Travers Smith LLP's Financial Services and Markets department, provide an overview of the FCA's criminal prosecution powers. This practice note is part of a series of Travers Smith LLP practice notes on the FCA's disciplinary and enforcement powers. For more information, see Practice note, FCA disciplinary and enforcement powers: a guide to content written by Travers Smith LLP.

In this practice note Jane Tuckley, a partner in Travers Smith LLP's Financial Services and Markets department, and Nigel Barratt, Director of Research in the same department, outline the complaints handling procedures of the Financial Ombudsman Service (FOS). For an overview of the FOS' statutory framework, constitutional issues and funding, see Practice note, Financial Ombudsman Service: statutory framework, constitution and funding. For a description of the three jurisdictions comprising the FOS scheme, see Practice note, Financial Ombudsman Service: jurisdiction. This practice note is part of a series of practice notes written by Travers Smith LLP outlining the FSA's disciplinary and enforcement powers. For more information, see Practice note, FSA enforcement regime: overview. This practice note, and the other FOS practice notes referred to above, are in the process of being updated by the authors to reflect the new UK regulatory structure that came into effect on 1 April 2013.

In this practice note Jane Tuckley, a partner in Travers Smith LLP's Financial Services and Markets department, and Nigel Barratt, Director of Research in the same department, outline the statutory framework under which the Financial Ombudsman Service (FOS) is established and operates. They also consider constitutional matters for the FOS, and the funding of the FOS. For a description of the three jurisdictions comprising the FOS scheme, see Practice note, Financial Ombudsman Service: jurisdiction. For an overview of the FOS' complaint handling procedures, see Practice note, Financial Ombudsman Service: complaint handling procedures. This note is part of a series of practice notes written by Travers Smith LLP outlining the FSA's disciplinary and enforcement powers. For more information, see Practice note, FSA enforcement regime: overview.

This practice note explains the various doctrines and principles concerned with insurance, including: What constitutes an insurable interest. Subrogation. Joint insurance. Double insurance. Noting. For information about insurance as it relates to commercial property, see Practice note, Property insurance.

A practice note on the termination (revocation or cancellation) of guarantees and the discharge of guarantees. It considers the following questions: When and how can a guarantee be terminated? What happens to a guarantee if the guarantor dies or becomes mentally incapable? What is the effect of terminating a guarantee? How are guarantees discharged? How do these principles apply to indemnities? It also briefly considers circumstances in which a guarantee may be set aside (undue influence, misrepresentation, breach of contract, duty to disclose and loss of security).

A note on orders to repair a way or bridge under section 56 of the Highways Act 1980.

A note on the European Convention on Human Rights and its interaction with the Human Rights Act 1998 including links to relevant PLC content.

This note tracks implementation of each of Lord Justice Jackson's recommendations for reform of civil litigation costs (including those not formally presented as recommendations) in specific types of litigation. The note links to a separate note dealing with all other recommendations.

A guide to directors' duties and potential liabilities in relation to companies in financial difficulties, including the directors' disqualification regime. This note contains a link to a detailed note on the fiduciary duties of directors of companies that are insolvent or near insolvent under United States law.

This note considers the rules governing the recovery of damages in claims for economic loss arising out of investment disputes involving investors and brokers. This will depend on whether such claims are framed in negligence, contract or fraud. It is important to be aware of the differences in approach as it is likely to affect the amount of damages that are recoverable.

This note address the issues that arise when it is possible for a party to bring proceedings in the courts of England and Wales, or the US. The note: Considers the key procedural differences between English and US litigation. Identifies major differences in the substantive laws of the two jurisdictions. Discusses the practical issues facing litigants in transatlantic litigation.

Where two or more persons are liable to another, they may be jointly liable, severally liable or jointly and severally liable. This note explains the concepts of joint, several, and joint and several liability.

A practice note on the procedures to exclude security of tenure from a business lease under the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (SI 2003/3096).

A note on self-help remedies and the limits on exercising the right to forfeit, the right of distress and seeking payment of future rents from an undertenant.

The Landlord and Tenant Act 1988 places duties on landlords (and others) in relation to the grant of consent to dealings with leased property. This practice note examines those duties and the issue of reasonableness.

This practice note looks at the issues that need to be considered when drafting and negotiating a clause in a commercial lease that sets out the circumstances in which a landlord can forfeit the lease.

Guidance on the types of claim for which a liquidator of an insolvent company requires sanction to pursue certain claims under the Insolvency Act 1986 in relation to antecedent transactions, how a liquidator may obtain sanction from the company's creditors or the court , and the effect of sanction.

A note setting out the different functions undertaken by local authorities in England.

A note setting out the different categories and structures of local authorities in England.

A note discussing the principle that a valid notice given by a landlord under section 25 of the Landlord and Tenant Act 1954 (LTA 1954) cannot be unilaterally withdrawn. The same principle will apply to a request made by a tenant under section 26 of the LTA 1954.

A practice note on procedures in relation to interim rent applications under the Landlord and Tenant Act 1954. The note considers how interim rent should be calculated and when an application to court should be made.

A practice note discussing the landlord's right to oppose the renewal of a business tenancy on the ground that the premises are in disrepair (section 30(1)(a), Landlord and Tenant Act 1954). The note looks at: The meaning of disrepair in the context of the LTA 1954. The court's discretion under Ground (a). Considerations for the landlord and the tenant when dealing with an opposed lease renewal.

A practice note discussing the landlord's right to oppose the renewal of a business tenancy on the ground there are substantial breaches of the lease (section 30(1)(c), Landlord and Tenant Act 1954). The note looks at: The meaning of substantial breaches. The meaning of breaches connected to the tenant's use of the premises. The exercise of the court's discretion. Considerations for the landlord and the tenant.

A practice note discussing the landlord's right to oppose the renewal of a business tenancy on the ground that the tenant has an underlease of part and the landlord requires possession (section 30(1)(e), Landlord and Tenant Act 1954). This is the least common ground of opposition and there is very little case law to give guidance on how it should be used. The note looks at the requirements set out in the statute.

A practice note discussing the landlord's right to oppose the renewal of a business tenancy on the ground the landlord intends to occupy the premises for the purpose of its own business (section 30(1)(g), Landlord and Tenant Act 1954). The note looks at the test the landlord must satisfy to oppose a lease renewal on Ground (g), including what is meant by occupation and intention. It also discusses the exclusion of landlords who have owned the interest for less than five years.

A practice note on the criteria that must be satisfied for a tenant of a business lease to have security of tenure under the Landlord and Tenant Act 1954 (LTA 1954).

This note considers the legal, regulatory and reputational risks arising from communications and all forms of document management, including: Monitoring and review. Storage and disposal of documents. Document retention periods.

A practice note on mortgagees, their rights and duties and commonly asked questions when dealing with mortgagees in possession principally in relation to land and real estate.

A note outlining the development of the common law on the no loss defence, or the defence that an assignor may not recover more than the assignee, in the context of construction and engineering cases. These cases are sometimes said to refer to a possible "black hole".

This Note discusses the doctrine of piercing the corporate veil, primarily in the context of the parent-subsidiary relationship. It explains the two primary arguments used to prove piercing claims, the alter ego theory and the agency theory, and examines what parent companies can do to limit their exposure to the liabilities of their subsidiaries.

This note provides an overview of the pre-action protocol for housing disrepair cases predominantly dealt with in the county court. It also considers the sanctions available to the court for non-compliance with the relevant pre-action protocol.

This note provides an analysis of common frauds and a high-level guide to conducting an internal investigation, covering key issues such as: How to handle an internal investigation. Dealing with internal communication issues. Briefing external parties (for example, regulators).

A Practice Note discussing the key legal issues to consider when litigating product liability suits in the US. Specifically, this Note addresses the various substantive claims alleged by product liability plaintiffs, affirmative defenses asserted by defendants and the remedies available to successful plaintiffs.

A Practice Note analyzing several key issues that come up when non-US product sellers become involved in US product liability suits. Specifically, this Note focuses on how to determine whether a non-US entity is subject to personal jurisdiction in the US, how to properly serve process on a non-US entity, whether (and the extent to which) US law may be used to regulate foreign conduct, whether non-US entities may be subject to American-style discovery and the circumstances under which a US judgment may be enforced abroad.

A Practice Note analyzing the key issues to consider when filing certain types of pre-trial motions in product liability suits. Specifically, this Note focuses on filing motions to dismiss, motions for class certification, motions for summary judgment, motions in limine and Daubert/Frye motions.

A Practice Note analyzing the general procedural framework for litigating product liability cases that have been consolidated (or are pending consolidation) for pretrial purposes under the Multidistrict Litigation Act of 1968.

A note on the principles and development of the doctrine of proportionality and the standard of review applied by the courts when determining public law claims.

This case tracker provides information on and links to all legal updates published by PLC on public procurement decisions by UK Courts, the Court of Justice of the European Union or the European Ombudsman.  The legal updates are organised in tables according to the aspect of public procurement law they relate to.  Tables covering cases on specific areas of public procurement law are included under the following general headings: Procedural issues. Evaluation. Contracts not fully covered by the public procurement regime. Direct award and material changes to contracts. Remedies. Court proceedings. Public law challenges. Transposition.

Ths note explains that a Quistclose trust is a form of resulting trust that may arise when funds are transferred for specific and exclusive purposes, as explained in Twinsectra Ltd v Yardley and others [2002] UKHL 12. It gives examples from case law of loans and other situations, and summarises factors to consider when advising.

A note on why you need a court order for relief from forfeiture for non-payment of rent and the dangers of the landlord and tenant agreeing to relief without a court order.

An outline of equitable remedies including rectification, specific performance, injunctions, account of profits, subrogation, rescission and declarations. The doctrines of equity are also discussed.

A note on whether a partnership can retain its security of tenure under the Landlord and Tenant Act 1954 when the running of its business is taken over by a limited company.

This practice note on restrictive covenants covers: The essential characteristics of a restrictive covenant. How to check whether a covenant is valid and enforceable. Various ways of dealing with existing covenants, including indemnity insurance and Lands Tribunal applications.  

This note summarises the key provisions of the Convention on the law applicable to contractual obligations (80/934/EEC) (Rome Convention), which applies to contracts made before 17 December 2009 and contains rules for determining the applicable law.

This practice note summarises, from an English law perspective, the key provisions of Regulation 593/2008 on the law applicable to contractual obligations (Rome I). It highlights the main changes from the rules contained in the Rome Convention on the law applicable to contractual obligations of 1980 (Rome Convention).

This practice note explains the principle established in the House of Lords' case of Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 and its subsequent application to defects in both contractual and statutory notices.

This practice note explains the difference between set-off and netting. It also reviews their use in finance transactions.

A note outlining the changes to the law on shadow directors under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. Most of Part 10 (a company's directors) came into force on 1 October 2007, other than: (1) provisions relating to directors' conflict of interest duties, declarations of interest in existing transactions or arrangements, and underage and natural directors, which came into force on 1 October 2008; and (2) provisions relating to the register of directors, including directors' residential addresses, which came into force on 1 October 2009.

A Note examining the key features of special litigation committees (SLCs) and their role in shareholder derivative litigation. Specifically, this Note addresses the basic features of SLCs, judicial review of an SLC's recommendations and how to obtain discovery from an SLC.

The Solicitors Regulation Authority has issued a new Handbook, including a new Code of Conduct, which is prompted by the possibility of Alternative Business Structures (ABSs) opening for business from 6 October 2011. The Handbook is being introduced on a phased basis, beginning in August 2011. The key implementation date was 6 October 2011. This practice note explains the background to the new Handbook and its structure. For information on how the new Handbook and Code of Conduct will affect common aspects of property transactions, see Practice note, SRA Handbook 2011 and Code of Conduct: issues for property lawyers.

A brief guide to the standard of proof (or burden of proof) that applies in civil cases in England and Wales. It includes authorities in which the courts have considered whether a higher standard of proof is required for particularly serious allegations, and the standard to be applied in quasi-criminal cases.

An outline of the English court system, the doctrine of precedent, and the rules of statutory interpretation.

Practice note on the effect of a tenant's insolvency on its landlord's ability to distrain or sue for rent or to forfeit the lease.

A note on the Party Wall etc. Act 1996 (PWA 1996). The note explains what works the Act covers, it's notice requirements, the dispute process and what happens when the Act is not complied with. It also sets out a number of practical issues that arise and briefly explains the Act's relationship with the Access to Neighbouring Land Act 1992.

A note considering the issue of causation in negligence claims and how the law limits liability for the consequences of negligent conduct. In particular, it considers the principle of remoteness and the effect of the decisions in SAAMCo and The Achilleas.

An overview of the matters to consider when a company enters into a transaction or arrangement with a person who is a director of the company or a director of its holding company. This note looks at the regulation of such transactions and contains links to more detailed practice notes and specimen resolutions on certain transactions that a company may enter into with its directors

The trust is widely admired and recognised in many jurisdictions around the world. Although primarily used by individuals, they also have a wide variety of applications in a commercial context. This practice note provides an introduction to trusts and trustees and considers some commercial applications of trusts.

This note looks at the Administrative Court procedures that are in place for a claimant who needs an application for permission for judicial review to be considered urgently or wants to apply for interim relief, for example, to prevent a public authority from acting on the decision that is being challenged. It also includes information on making an emergency out of hours application.

This practice note addresses the circumstances in which vicarious liability arises, at common law and under statute. It also looks at the implications of vicarious liability, and the alternative bases for attributing liability where vicarious liability is not applicable.

This practice note examines what constitutes a public authority for the purposes of the Human Rights Act 1998. The distinction between public authorities and public functions and private bodies and private functions is unclear, particularly in relation to hybrid bodies, where only some functions may be public (section 6(5), HRA). The position is made more difficult with public/private partnership arrangements and public bodies contracting out functions to the private sector. This distinction is important because a public authority must not act in a way that is incompatible with the Convention rights (section 6, HRA).

A note on who is the competent landlord for the purposes of the Landlord and Tenant Act 1954 in the period between completion and registration of a transfer.

A writ of sequestration is a method of enforcement that may be used to enforce a judgment, order or undertaking in certain circumstances. It may be ordered as a penalty for contempt of court. This practice note summarises the specific procedural rules relating to writs of sequestration in CPR 81.