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NEWS
Dispute Resolution analysis: This Court of Appeal judgment predominantly concerned the application of CPR 17.4 to amendments of claims in circumstances where the limitation period for the amended claim had potentially expired. The court confirmed that the correct approach when a defendant can show that it is at least reasonably arguable that an amendment may be statute-barred, in this case by way of the 15-year long-stop for negligence actions not involving personal injuries pursuant to section 14B of the Limitation Act 1980 (LA 1980), is for the court not to grant leave to amend. A new claim must be issued instead. Written by David Pliener, barrister at Gatehouse Chambers.
NEWS
Commercial analysis: An appeal was brought to the Supreme Court to determine the correct characterisation of a contract. The dispute related to whether two parties had varied an existing contract or rescinded and replaced it with a new one. The Court reviewed the applicable principles and decided that the agreements in question did constitute new agreements rescinding and replacing the former contracts. The appeal was therefore dismissed. Written by Alexander Whatley, barrister at 3PB Chambers.
Q&As
Amendments made to the International Tax Compliance Regulations 2015 (2015 regs), SI 2015/878 by The International Tax Compliance (Amendment) Regulations 2025, SI 2025/740 have introduced a new mandatory Automatic Exchange of Information (AEOI) registration requirement for certain trusts which are 'specified non-reporting financial institutions'. 2015 regs, SI 2015/878, reg 24(1) defines a specified non-reporting financial institution as 'a non-reporting financial institution which is a trust within the meaning of Section VIII(B)(1)(e) of the CRS or paragraph II(D) of Annex II to the FATCA agreement'. Below sets out a brief analysis of the individual elements of this definition. Financial
PRACTICE NOTES
Introduction The ABI Model Form of Guarantee Bond was first published in 1995 and was updated (in 2002) to incorporate reference to the Contracts (Rights of Third Parties) Act 1999. A copy is available here: ABI Model Form of Guarantee Bond The ABI explanatory guide states the ABI Model Form was published: 'following a lengthy period of consultation with government and local authority advisors, commercial users, construction and engineering industry bodies, major construction companies and insurers, to respond to the criticisms of archaic bond wordings made by the House of Lords in the case of Trafalgar House…' The explanatory guide also provides more detail of the aims of the Model Form, together with commentary on the text. In short, the aim was to provide a short form conditional bond wording, in clear, modern language that is intended to strike a fair balance between safeguarding the respective interests of the employer and the contractor. The hope and intention was that the ABI Model Form might become an industry standard model form of conditional performance
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. A number of changes to appeals in civil appeals came into force on 3 October 2016. These include: • the introduction of a new CPR 52 (the main part of the Civil Procedure Rules on appeals) • amendments to CPR PD 52C (on appeals to the Court of Appeal) to make that Practice Direction more user friendly and reduce paperwork before the Court of Appeal, and • a new destination of appeals order along with an amended CPR PD 52A removing the exceptions by which appeals from certain final decisions in the County Court would lie to the Court of Appeal For details of these wider changes to appeals in table format, see Practice Note: Changes to Part 52 in October 2016 and transitional provisions [Archived]. This Practice Note focuses on the changes to CPR 52 only and is intended to assist practitioners in navigating the post-3 October 2016 CPR 52 by showing where pre-3
NEWS
A full list of amendments to the Pension Schemes Bill (the Bill) has been published and currently being considered at the Public Bill Committee stage where the line by line reading of the Bill began on 2 September 2025. The amendments made to the Bill reflect a broad set of changes aimed at refining the Bill’s scope, clarifying responsibilities, and improving its operational mechanics. In total, over 240 amendments and 30 new clauses (NC1 to NC30) were tabled including provisions relating to the Court of Appeal’s decision in the Virgin Media case which are intended to form part of a new Chapter 1 in Part 4 to the Bill. Rosalind Connor of Temple Bright and Sonya Fraser of Arc Pensions Law comment on the proposed amendments further below.
NEWS
Corporate Crime analysis: The Sanctions (EU Exit) (Miscellaneous Amendments) (No 2) Regulations 2024 , SI 2024/1157 (the Amending Regulations) were enacted under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) on 12 November 2024. The Amending Regulations vary and (in certain regimes) extend existing legislative provisions dealing with reporting requirements, licensing grounds, statutory exceptions to prohibitions and other ancillary matters across the UK’s financial and trade sanction regimes enacted under SAMLA 2018 (including the global human rights, anti-terrorism, counterterrorism, cyber and chemical weapons regimes). In addition to these overarching amendments, several changes are made to the Russia (Sanctions) (EU Exit) Regulations 2019 (the ‘Russia Regulations’), as explored further below. Written by Diana Czugler & Jake Eddison-Cook at Peters & Peters Solicitors LLP.
NEWS
Practice Directions for the UK Supreme Court (UKSC) and the Judicial Committee of the Privy Council (JCPC) were amended on 22 December 2025. The principal change reflects routine online publication of Statements of Facts and Issues and Written Cases. These documents no longer need to include counsel’s signature; a printed name is sufficient, and signature wording has been removed from the relevant Practice Direction paragraphs and the Electronic Bundle guidance.
PRECEDENTS
Clause 1—Definitions Amend the definition of Completion Date: Completion Date • [date] being the completion date fixed by the Original Contract; Add the following definitions: Original Contract • an agreement dated [date] made between (1) the Original Seller and (2) the Seller, by which the Seller has contracted to purchase the Property from the Original Seller; Original Seller • [name]; Clause 3—The transfer For a sub-sale involving a single transfer, amend clause 3.3 to refer to the Original Seller: The [Original] Seller is not required to transfer the Property otherwise than as a whole and to the Buyer at the Price. For a sub-sale of part of the land in the Original Contract, consider inserting a new clause 3.4: The Seller must [take a transfer OR procure the transfer to a third party] of the remainder of the land comprised in the Original Contract and agrees that that transfer must be completed simultaneously with the transfer of the Property to the Buyer. Clause 5—Title Replace the text of clause 5.2 with the following: The legal estate in the
NEWS
The European Parliament’s Committee on the Environment, Climate and Food Safety has proposed key amendments to the draft Critical Medicines Act (CMA) to address the unintended consequences of overlapping environmental and chemical regulations on medicine supply. The committee acknowledges the importance of the EU’s environmental goals but warns that stricter rules—such as those on emissions, wastewater treatment, or substance restrictions—could increase production costs or drive pharmaceutical manufacturing outside the EU. This could exacerbate medicine shortages and undermine the region’s competitiveness.
NEWS
Dispute Resolution analysis: The Court of Appeal has considered complex questions arising on an appeal of a decision dismissing a challenge to amendments to group litigation cartel proceedings, where a viable limitation defence had been raised. The conclusion, however, depended upon an undertaking given by the claimants not to rely upon the doctrine of relation back. Written by Phillip Patterson, barrister, Gatehouse Chambers.
NEWS
The Civil Procedure (Amendment No. 2) Rules, SI 2023/572, made on 22 May 2023, have been published and come into force on 1 October 2023. The changes to the Civil Procedure Rules (CPR) are largely in respect of extending the application of fixed recoverable costs (FRC) to most civil cases that are allocated to the fast track and to the newly created intermediate track.