On 15 October 2025, Housing and Planning minister, Matthew Pennycook, issued a Written Statement confirming that the government has laid the draft Infrastructure Planning (Business or Commercial Projects) (Amendment) Regulations 2025. The draft SI would add ‘data centres’ to the prescribed descriptions in the 2013 Regulations, enabling certain projects to be directed into the nationally significant infrastructure project (NSIP) regime under section 35 of the Planning Act 2008 where the Secretary of State considers them of national significance. Subject to parliamentary approval, Ministers intend commencement later this year or early next year.

The Ministry of Justice has laid draft Whiplash Injury (Amendment) Regulations 2025 before Parliament, proposing a 15% increase to the fixed compensation tariff for whiplash injuries lasting up to two years. The new tariffs, subject to parliamentary approval, will apply to injuries occurring from 31 May 2025 onwards. The increase accounts for Consumer Prices Index inflation since 2021 and includes an inflation buffer through to 2027. The original 2021 tariffs will continue to apply to accidents occurring before 31 May 2025.

Dear [insert organisation name] We write in response to your letter of [insert date] concerning documents you sent to us on [insert date], which you now claim to be privileged. We confirm that we have not yet read the documents in question, made copies of them, or sent them to our client. [In the circumstances, we are prepared to return our copies of the documents to you and we enclose them with this letter. However, we do not necessarily accept that the documents are privileged and our client reserves his/her/its position in that respect. OR However, based on the material set out in your letter, we do not accept that the documents are privileged, for the reasons set out below: [set out reasons, remembering that you have not read these documents] Accordingly, as things currently stand, we do not agree that you are entitled to the return of the documents. If you have further evidence to support your claim for privilege, we would be prepared to consider it, and we strongly

1 Investing in the future (legal and commercial investments) [insert a summary of what was agreed at the strategy day] 2 Governance/management [insert a summary of what was agreed at the strategy day] 3 Risk management [insert a summary of what was agreed

Arbitration analysis: The decision is a salutary reminder of the need for careful drafting of dispute resolution clauses, notices of arbitration and claim forms. The court held that all disputes were to be resolved by arbitration and that there was no obligation to submit a dispute to mediation as a condition precedent to submission of the dispute to arbitration. However, the judge noted that the claim had been necessary because of poor drafting of the dispute resolution clause and the notice to arbitrate, and the costs of the claim had likely been increased by the failure to draft them by reference to the requirements of section 14 of the Arbitration Act 1996 (AA 1996). Written by Jennifer Haywood, barrister, arbitrator and mediator at Serle Court.

This Checklist provides practical guidance on the key requirements for drafting terms of service that are compliant with the Online Safety Act 2023 (OSA 2023), which contains the UK’s framework for the regulation of certain internet services. How to use this Checklist This Checklist is designed to highlight the key points to be considered by a user-to-user service provider drafting terms of service to comply with the requirements of OSA 2023. It is a high-level summary in checklist format and should be used in conjunction with How to draft Online Safety Act 2023 compliant terms of service. The full definition of a ‘user-to-user’ service is set out in OSA 2023, s 3, being ‘an internet service by means of which content that is generated directly on the service by a user of the service, or uploaded to or shared on the service by a user of the service, may be encountered by another user, or other users, of the service’. This might include both a large social media platform, or a website for an amateur

Employers frequently grant equity awards and cash bonuses to incentivise key employees. The first part of this Practice Note focuses on key considerations with awards that are intended to encourage a key employee to accept a position with the employer (ie, a sign-on bonus or sign-on equity awards). The second part of this Practice Note addresses short- and long-term cash incentives to influence executives to remain with the employer and/or focus on specified performance goals. This Practice Note is divided into the following sections: • Sign-on bonuses and sign-on equity awards • Short-term cash incentives • Long-term cash incentives For information on equity incentives to encourage key employees to remain with the company, see Practice Notes: Understanding types and taxation of US equity compensation, Designing a US public company equity compensation plan, and Drafting a US private company equity compensation plan. Sign-on bonuses and sign-on equity awards Sign-on bonuses Sign-on bonuses most commonly occur when an employee would forfeit equity, deferred compensation, or other amounts by resigning from their current employer.

US privately held companies often like to incentivise their executives and other key employees through equity compensation grants, in order to better align their interests with those of the company's equity holders. In many respects, equity compensation plans for US privately held companies resemble those of public companies (see Practice Note: Designing a US public company equity compensation plan). However, a number of significant differences exist due primarily to the illiquidity of the stock, including a new opportunity to allow certain equity grantees to defer taxation for up to five years under US section 83(i) of the Internal Revenue Code (IRC) pursuant to 2017 tax reform legislation (section 83(i)). This Practice Note is organised in the following sections: • Legal issues • Plan drafting, and • Section 83(i) eligible plans Legal issues US tax issues In addition to the IRC, s 409A issues noted further below, two major US tax rule issues that may be relevant for equity awards of privately held companies concern tax-favoured

This flowchart indicates the principal steps to be taken when drafting a Will

Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some of these will need to be included in the particulars at the start of the

This Checklist sets out in table form points to consider when drafting a loan to be based on a compounded risk-free rate (RFR) such as the Sterling Overnight Interbank Average Rate (SONIA), compounded in arrears. It sets out what is meant by the various provisions, includes points to consider and contains drafting tips. For additional discussion, see Practice Note: Interest provisions in risk-free rate based loan agreements. The Checklist refers to provisions contained in the Multicurrency Term and Revolving Facilities Agreement incorporating backward-looking compound rates and forward looking term rates (lookback without observation shift) published by the LMA (the LMA Compounded RFR Facilities Agreement). The LMA’s recommended form documentation, together with user guides and commentary, is available to members of the LMA on its website. The Checklist assumes the transaction is based on LMA-style documentation, but the information is likely to be useful for bilateral transactions and those based on other forms of loan agreement. Practice Note: Interest provisions in risk-free rate based loan agreements contains more detailed information and explanation

This Checklist is to be used when drafting a confidentiality agreement (also known as a non-disclosure agreement or NDA) where you are the party disclosing confidential information under that agreement. Consider the following questions before drafting the agreement: • what information does the business want to disclose and is that information confidential? • why does the business want to disclose that information? • will the business also be receiving confidential information from the other party? • who is the business disclosing that information to? For further information, see Precedent: Confidentiality agreement—one-way—pro-discloser. Checklist The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Parties ☐ Confirm the parties to the agreement. Consider which people and/or entities will be party to the agreement. What information does the business want to disclose? ☐ Confirm how confidential information will be defined. Consider:—is a general definition or list form appropriate?—will any confidential information belonging to group companies be disclosed?—will any confidential information