The Home Office has published a draft version of the Employer’s guide to right to work checks which will take effect from 1 October 2026. This is the date when the extension of the current right to work regime by way of section 48 of the Border Security, Asylum and Immigration Act 2025 (BSAIA 2025) will take effect.

This Practice Note looks at the need for confidentiality to be retained in a draft judgment circulated to the case participants until it is handed down and it becomes a public document. It also considers the circumstances in which a party may seek to have parts of a public judgment redacted before it is handed down and highlights how the court responds to such requests. Maintaining confidentiality in a draft judgment When a draft judgment is supplied to the parties and their legal representatives it must be kept confidential until it is formally handed down; it must not be disclosed to any other person or used in the public domain and no action (other than ‘internally’—meaning steps being taken in readiness for the handing down) can be taken in response to the draft judgment (CPR PD 40E, para 2.4). A breach of confidentiality can be contempt of court (CPR PD 40E, para 2.8). In Her Majesty’s Attorney General v Crosland, the Supreme Court upheld a decision confirming that Mr Crosland had committed a

The Medicines and Healthcare products Regulatory Agency has announced that the draft Human Medicines (Amendment) (Modular Manufacture and Point of Care) Regulations 2024 has been laid in Parliament. It will provide the first regulatory framework aiming to transform the manufacture of innovative medicines at the point of patient care. The new regulation will make it easier for medicines with a very short shelf life and highly personalised medicines to be made in or near a hospital and get to patients more safely and quickly. It aims to enable the development of innovative products like cell or gene therapies that need to be produced close to the patient, as well as to allow for manufacture of innovative medicines in portable units that can be set up close to patients too sick to travel. This will help deliver care more efficiently, even in community settings or at home, supporting the expansion of 'hospital at home' services.

HMRC is consulting on two draft Statutory Instruments which, under powers introduced in Finance Act 2024, will enable collection of additional data from businesses

Dear [insert organisation name] We write to inform you that [we OR our client] inadvertently sent you privileged material by way of [our letter and attachments dated [insert date]] and to request the immediate return of that material. The documents in question are [identify the documents with precision]. In respect of [identify document(s) or classes of document(s)], these are protected by legal advice privilege. Each is a communication between a lawyer and the client which had the purpose of seeking or providing legal advice and which was and remains confidential, or is a record of such a communication which was and remains confidential. [The ‘client’ for these purposes is [identify ‘client’ group within a corporate body].] [In respect of [identify document(s) or classes

Dear [insert organisation name], We write in response to your letter of [DATE]. [Our client is prepared to allow your client to inspect [identify documents]. For the avoidance of doubt, our client does not thereby waive privilege over any other document. We will provide inspection [in accordance with the [Court’s directions OR CPR] OR by [sending you copies] within [number of] days].] [Our client continues to assert legal professional privilege over [identify documents]. Your client is accordingly not entitled to inspect them.] [We consider that we have provided the information [required

Dear [insert organisation name] We write with respect to your [disclosure list], in which you have claimed to be entitled to withhold inspection of a number of relevant documents on the ground of legal professional privilege. On the basis of the limited information you have provided, our client is not satisfied that these documents are protected by legal professional privilege. Accordingly, please confirm that you will provide inspection of these documents [in accordance with the Court’s directions OR in accordance with the CPR OR within [number of] days OR . Alternatively, insofar as your client continues to assert privilege, please provide the following information within [number of] days: 1 Please confirm that each document over which your client asserts privilege has been specifically assessed for that purpose. Please identify the person or persons who carried out the assessment. In particular, please confirm whether that assessment was carried out (or, if not, supervised) by a solicitor or other legal professional. 2 In respect of each document over which your client asserts privilege, please: 2.1 identify

Private & confidential [Insert name and address of client] [insert date] Dear [insert name of contact at the client] Thank you for your instructions in this matter. [This letter accompanies our retainer OR Our retainer will follow under separate cover]. [I am writing to confirm our discussion [on [date]] about disclosure.] Your [[claim OR case]] [[has been OR is likely to be]] allocated to the small claims track. On allocation, the court [has given OR will give] standard case management directions in respect of the procedural steps required to bring this matter to a final hearing. One of the standard directions is that you are required to provide copies of all documents on which you intend to rely at the final hearing. This procedural step is called disclosure. You will also be obliged to bring the originals of those copy documents to the final hearing. Your opponent will receive the same standard directions. [The court may give a different order in respect of disclosure, for example it may require you to locate certain

Note: this letter is drafted in general terms without a specific situation in mind. You will need to tailor the letter to the employee’s particular situation. If the employer has its own performance and capability procedure (or disciplinary procedure covering poor performance) you will need to cross-refer to it throughout the letter, in relation to each stage of the procedure and in relation to any timescale set down by the procedure. You may find that the employer’s own procedure provides for more warnings to be given or other steps to be taken. It is assumed in this letter that the review periods for performance will be shorter than the length of any warnings given. [name and address of client] Dear [name] Performance and capability procedure I am writing to set out my advice on how to deal with the performance and capability procedure your employer is undertaking in relation to you. The main legal claims which can arise in this situation are claims for unfair dismissal (if you are dismissed) and

Note: this letter is drafted in general terms without a specific situation in mind. You will need to tailor the letter if advising about a specific employee on particular facts. If the employer has its own performance and capability procedure (or disciplinary procedure covering poor performance) you will need to cross-refer to it throughout the letter, in relation to each stage of the procedure and in relation to any time limits set out in the procedure. You may find that the employer’s own procedure provides for more warnings to be given or other steps to be taken. It is assumed in this letter that the review periods for performance will be shorter than the length of any warnings given. [name and address of client] Dear [name] Performance and capability procedure I am writing to set out my advice on how to conduct a performance and capability procedure for an underperforming employee. The main legal risk if such a procedure is not handled carefully is a claim for unfair dismissal, if the procedure

Note: this letter is drafted in general terms without a specific situation in mind. You will need to tailor the letter if advising about a specific employee on particular facts. If the employer has its own grievance procedure, you will need to cross-refer to it throughout the letter, in relation to each stage of the procedure and in relation to any timescale set down by the procedure. If the grievance involves discrimination or bullying/harassment, then the employer’s procedures for these will also be relevant and more detailed advice should be included on how to handle the allegation, including possible disciplinary action against any perpetrator. [Name and address of client] [Date] Dear [name ] Handling a grievance I am writing to set out my advice regarding how to handle a grievance raised by an employee. The main reason that grievances must be handled carefully is to avoid, as far as possible, claims for constructive dismissal and unlawful discrimination. A key issue will be your documenting the various stages along the way, as a ‘paper trail’ can greatly

This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure: • Draft letter to client about disclosure—small claims track • Draft letter to client about disclosure Confidential and privileged [insert date] [insert addressees: [insert addressees: senior managers/relevant employees and former employees/IT managers]] [[insert case heading] OR [description of the case if pre-action]] [[We] OR [the company]] may face a legal dispute concerning [insert matter/transaction subject of dispute]. If the dispute is not resolved, it is likely that we will be obliged to disclose relevant documents, including electronic records, that are or have been in [[our] OR [the company’s]] control, whether they are helpful to our case or not. However, certain relevant documents are protected from being inspected (that is to say, actually seen) by [our opponent OR name of opponent]. These include documents that are ‘privileged’, such as certain confidential communications between [[us] OR [the company]] and our lawyers. Please see the ‘Definitions’ section below for more information about the meaning of ‘documents’, ‘control’ and