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NEWS
Dispute Resolution analysis: the Commercial Court is introducing, with immediate effect, limits to the length of skeleton arguments in ‘heavy’ and ‘ordinary’ interim applications. These are being introduced under paragraphs F6.5 and F5.5 of the Admiralty and Commercial Courts Guide respectively following the direction of Mr Justice Flaux, the judge in charge of the Commercial Court.
PRECEDENTS
These precedent green clauses are for insertion into a lease of commercial property to encourage alterations/improvements that improve the climate/environmental impact of buildings and promote better use of shared space. These sustainability clauses were produced by The Chancery Lane Project (TCLP) as ‘Rosie’s clause’ and are linked to on TCLP’s
PRACTICE NOTES
Commercial Brexit News Analysis LexisNexis® Commercial has published News Analysis on a range of issues concerning the implications of Brexit, as set out in the table below. Date News Analysis Brief description of News Analysis 16 October 2023 Weekly roundup of HMRC import, export and customs guidance—16 October 2023, LNB News 16/10/2023 19 Details of updates to HMRC import, export and customs guidance for the period from 10–16 October 2023. 3 October 2023 Weekly roundup of HMRC import, export and customs guidance—3 October 2023, LNB News 03/10/2023 32 Details of updates to HMRC import, export and customs guidance for the period from 26 September 2023–3 October 2023. 25 September 2023 Weekly roundup of HMRC import, export and customs guidance—25 September 2023, LNB News 25/09/2023 32 Details of updates to HMRC import, export and customs guidance for the period from 20 September 2023–25 September 2023. 19 September 2023 Weekly roundup of HMRC import, export and customs guidance—19 September 2023, LNB News 19/09/2023 41 Details of updates to HMRC import, export and customs guidance
GLOSSARY
A commercial organisation making promotions in the course of its business on behalf of one or more Charities thereby regulated under the Charities Act 1992. The statutory definition is in Section 58 of that Act.
NEWS
Construction Analysis: The Small Business Protections Bill, formally known as the Commercial Payments Bill, introduces the most significant reform to commercial payment practices in over 25 years. Its proposals, particularly the ban on construction retentions, will materially affect cash-flow, risk allocation and contractual structures across the industry, with potentially far‑reaching consequences for SMEs operating within construction supply chains. This article looks at how the Bill proposes to implement the ban on retentions, and the issues and implications that it raises for parties to construction contracts. Produced in partnership with Isabella Troy-Williamson, associate at Walker Morris.
NEWS
Commercial analysis: Tim Wright, a partner at Fladgate LLP, examines the Commercial Payments Bill announced in the King’s Speech on 13 May 2026. Described as the most significant late payment legislation in over 25 years, the Bill introduces: a hard maximum 60-day payment term with limited exemptions; mandatory statutory interest at 8% above the Bank of England base rate; expanded powers for the Small Business Commissioner (SBC) to investigate, adjudicate and fine businesses; a statutory deadline for disputing invoices; and a proposed ban on retention payments in construction contracts (subject to further consultation). The measures apply only to UK-to-UK business transactions. The Bill was introduced on 19 May and is expected to become law next year. Commercial solicitors should begin reviewing existing contracts now.
GLOSSARY
The Commercial Property Standard Enquiries (CPSEs) are a suite of industry-standard pre-contract enquiries for commercial property transactions prepared by the London Property Support Lawyers Group and endorsed by the British Property Federation, comprising enquiries before contract for common transactions and requisitions on title (known as Solicitor’s Completion Requirements or SCR).
PRACTICE NOTES
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 16 and there are several other enquiries that may be relevant to environmental and health and safety (EHS) matters. For further information, see Practice Note: Commercial Property Standard Enquiries—CPSE. The key environmental CPSEs in CPSE 1 (general pre-contract enquiries for all commercial property transactions) are highlighted below with commentary and suggested additional EHS enquiries. 4. Adverse rights affecting the Property 4.1 Adverse rights affecting the Property could relate to flood defence works, sewers, infrastructure, pipelines, grazing, access rights for fracking, underground drilling, permits, tipping or remediation. See also CPSEs 4.2–4.7. 5. Title policies 5.1 Defects in title If a sewage treatment plant benefits the property, check that the plant has the necessary planning permission and building consent. Solicitors acting for the seller or buyer may need to obtain
GLOSSARY
The Commercial Property Standard Enquiries (CPSEs) are a suite of industry-standard pre-contract enquiries for commercial property transactions prepared by the London Property Support Lawyers Group and endorsed by the British Property Federation, comprising enquiries before contract for common transactions and requisitions on title (known as Solicitor’s Completion Requirements or SCR).
PRACTICE NOTES
This Practice Note looks at the Commercial Property Standard Enquiries (CPSEs) and the Solicitor’s Completion Requirements (SCRs). It includes: • links to the CPSEs and SCRs • an overview of how and when CPSEs are used in a transaction • links to template replies to CPSE 1–CPSE 7 and to a draft letter to the seller enclosing the replies, and • guidance in relation to the key issues raised by CPSE 1, with links to related content For guidance in relation to the standard residential pre-contract enquiries, see Practice Note: Residential property—standard forms of enquiries for use in residential conveyancing transactions. Background to the CPSEs and SCRs The CPSEs and the SCRs are a suite of documents prepared by members of the Property Support Lawyers Group and endorsed by the British Property Federation. Background to the CPSEs and SCRs The CPSEs comprise enquiries before contract for common transactions, together with the SCRs. The CPSEs are the most widely used commercial property enquiries. CPSE 1 (or its shorter, simpler version CPSE 7) is for use in all commercial
PRACTICE NOTES
This Practice Note provides a link to our template replies to the various sets of Commercial Property Standard Enquiries (commonly referred to as the CPSEs or, individually, CPSE1, CPSE2, CPSE3, CPSE4, CPSE5, CPSE6 and CPSE 7). The CPSEs are industry-standard pre-contract enquiries for commercial property transactions and the seller is responsible for answering them. These template replies provide a framework of possible responses and are designed to make the seller’s task of answering them easier and more efficient. Template replies to CPSEs 1 to 7 The Commercial Property Standard Enquiries (CPSEs) are a suite of documents prepared by members of the London Property Support Lawyers Group (LPSLG) and
PRACTICE NOTES
Commercial Brexit Q&As To what extent are references in contracts to UK legislation and EU legislation affected by the European Union (Withdrawal) Act 2018? Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit? What considerations apply when determining the correct rate of customs duty payable on imported goods from 1 January 2021? What are the UKCA marking and UKNI marking, and when are they needed? What is an authorised economic operator (trusted trader) and when should a business consider applying for this status? What are commodity codes and procedure codes from 1 January 2021 and where do I find them? In the absence of an amending SI modifying the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, after IP completion day what will be the effect of Regulation 1(3)(b) permitting agents in member states to agree to be subject to the Commercial Agents Regulations instead of the legislation implementing EU Commercial Agents Directive in their own member state? How does a deal/no deal outcome