The SRA’s continuing competence regime requires solicitors to reflect on their practice and identify (and then address) their learning and development needs to keep their skills and knowledge up to date. All solicitors must make an annual declaration to the SRA that they have done this as part of the practising certificate renewal exercise. The renewal form also asks solicitors to declare they have an up-to-date understanding of the legal, ethical and regulatory obligations relevant to their role. There is no longer an hours-based CPD requirement. This Practice Note considers the competence lifecycle and practical issues arising from the competence regime, together with steps solicitors can take to assess, maintain and monitor competence. It reflects: • regulatory requirements—see Practice Note: The continuing competence regime • the SRA’s continuing competence guidance and commentary from the SRA following thematic reviews, including its reviews of probate and estate administration and professional obligations The competence statement The SRA competence statement defines the competences the SRA requires of all solicitors and registered European lawyers (RELs). It comprises

This Practice Note is a ‘how to’ guide on assigning rights under commercial contracts which signposts relevant content. It includes a summary of what assignment is, how it is distinct from novation, whether assignment is appropriate, the requirements for a valid assignment, other legal considerations, and practical points when assigning rights under a contract. It is not technically possible to assign a contract as, generally, the burden or obligations under a contract cannot be assigned. It is possible, however, to assign the benefit or rights under a contract to a third party. For further detailed guidance on when you might want to assign rights under a contract and what you should consider, see Practice Notes: Assigning contracts—common scenarios and considerations, What constitutes a valid assignment of a contract? and Drafting and negotiating an assignment—checklist. What is an assignment? An assignment is an immediate transfer of an existing proprietary right, vested or contingent, from one party to another. The assignment of a contractual right does not create privity of contract between the assignee and the original

This guide has been written to provide a high level overview for inhouse counsel into some of the mandatory reporting requirements for companies on non-financial and environmental, social and governance (ESG) issues, with links to further content for more details. It also explains what a sustainability or ESG report is and sets out the different voluntary reporting frameworks available in summary format. Introduction Investors, shareholders, customers and other stakeholders are demanding greater access to environmental and human rights information. The heightened emphasis on transparency and accountability through corporate governance and disclosure has renewed the focus on the triple bottom line, namely how an organisation is managing its environmental, social and economic impacts. There are both mandatory and voluntary ESG reporting requirements and frameworks. Companies, with the help of their in-house legal teams, will have to determine: • if they are required by law to disclose on their ESG issues • the extent they have to disclose • which voluntary frameworks they choose to adopt to produce a credible sustainability report Integrating

This Practice Note is a ‘how to’ guide for auditing and reviewing your outsourced IT services provision. This may occur before entering into a new IT outsourcing arrangement or under an existing IT outsourcing agreement under benchmarking provisions. Background to the review of IT services Technology refresh plays an important role in allowing companies to drive efficiencies and compete within the market. Historically, organisations might undergo a full IT refresh every five to seven years (possibly shorter for some sectors) with smaller, interim development projects between full refresh projects. For more information on legacy IT refresh, see Practice Note: Legacy IT systems. The traditional attraction of IT outsourcing is its role in assisting organisations reduce the investment of financial and human resources spent on operating and developing IT operations and infrastructure and allowing these resources to be allocated to strategic business initiatives elsewhere. Moreover, the advent of new technologies, particularly those leveraging the cloud, are key to promoting digital transformation and facilitating a more agile engagement with IT services. See Practice Notes:

This Practice Note on how to avoid civil litigation proceedings outlines the factors to consider and steps to take when a contractual dispute is evolving, to minimise the risk of the dispute resulting in court proceedings (litigation) in England and Wales. For related guidance, see Practice Note: Resolving a dispute—initial considerations. Why avoid litigation?(the ‘litigation cost’) It is a truth not always acknowledged by litigation lawyers that, for many clients, if a contract dispute results in it being litigated (ie if ‘we go to court’) then, to a degree, you have already failed. This is because the ‘litigation cost’ can be monumental in terms of: • financial cost—both the client’s own legal costs with you (and any experts required to aid their case) and, potentially, those of the opposing party (see Practice Note: Costs orders—the general rule) • wasted management time—with senior personnel and other staff distracted from their productive work in the business while they respond to the demands of the litigation process (the disclosure exercise, the drafting of witness statements, giving evidence in

This Practice Note offers practical guidance on how practitioners can assist the work of the civil courts by taking actions that support the smooth running of litigation in the courts. It discusses making applications, preparing bundles, time estimates, dealing with fixed costs and post-hearing considerations. The relationship between legal practitioners and the judiciary is a professional one, built on mutual respect and a shared commitment to the proper administration of justice. Yet even experienced practitioners can, sometimes unwittingly, conduct themselves in ways that try the court’s patience. This Practice Note identifies some common areas where practitioners can fall short of what the court reasonably expects in civil proceedings, and offers guidance on how to avoid those pitfalls. Why does this matter? The judiciary of England and Wales is a highly professional, well-trained body of lawyers committed to the fair administration of justice. To some extent, the matters dealt with in this Practice Note are peripheral—adherence to these standards will not be the silver bullet that saves a failing case, and it is

TMT analysis: The beauty market is a crowded industry. Claims on marketing materials (such as websites) that a particular product is the best or offers health benefits can help brands stand out. However, such claims must be objective and therefore have to be verifiable and substantiated in order to comply with the Committee of Advertising Practice (CAP) code and avoid being deemed misleading by the Advertising Standards Authority (ASA). Cassandra Hill and Georgina Doukanaris consider the issues.

This Practice Note is a ‘how to’ guide on avoiding unfair commercial practices with consumers. It considers what businesses can do to avoid infringing the unfair commercial practices (UCP) provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), including how to avoid drip pricing and how to take reasonable and proportionate steps to prevent and remove fake reviews. Where appropriate, this document signposts to other detailed notes on consumer law and practice. For a general introduction to the consumer protection provisions of DMCCA 2024 and detailed tracking, see Practice Notes: The Digital Markets, Competition and Consumers Act 2024—key consumer protection provisions and Digital Markets, Competition and Consumers Act 2024—consumer protection tracker. What is an unfair commercial practice? Unfair commercial practices are prohibited under DMCCA 2024, s 225(1). A ‘commercial practice’ is any act or omission by a trader relating to the promotion or supply of a trader’s product, or another trader’s product, to a consumer, or a consumer’s product to a trader. It is immaterial whether the act or omission took place

Leadership is hard to define in concrete terms but we all know when we have experienced good, or bad, leadership. This Practice Note explores the key elements that contribute toward effective leadership, including: • defining what effective leadership looks like • building your brand and sphere of influence • taking a balanced scorecard approach to personal development • developing emotional intelligence • driving innovation • nurturing a diverse culture of inclusivity What is effective leadership? The first thing is to understand what the term leader means or implies. In the broadest terms, leadership is often defined as ‘looking outward’, as opposed to management, which is often referred to as ‘looking inward’. The reality is that both roles require an element of looking outward and inward, but leadership is more about scanning the horizon, anticipating events, and creating strategies to ensure your organisation is in the best position it can be to move forward and grow. Management is more about taking those strategies and turning them into tangible actions and working

For an individual considering leaving the UK, they should give proper consideration to both the tax and non-tax implications of the proposal. The laws and customs of the proposed country may differ, often radically, from those of the UK. It is important that they obtain the best possible information and advice before making a final decision. Practical matters include healthcare, retirement issues and issues relating to property ownership. Intending emigrants also need to consider the repercussions if issues interfere with their intention and actions taken to become UK non-resident which at a later date may need to be reversed by the individual becoming UK resident again. The rest of this Practice Note deals with the main points to consider when intending to become non-UK resident for tax purposes. Leaving the UK—statutory residence test Fundamental to the income tax, CGT and IHT implications for individuals leaving the UK is the meaning of residence. Prior to 6 April 2025, domicile was also a key factor in determining an individual’s liability to inheritance tax

This Practice Note looks at the practical steps to be taken by an applicant seeking to discharge or modify a restrictive covenant by application to the Upper Tribunal (Lands Chamber) (UT) under section 84 of the Law of Property Act 1925 (LPA 1925). It is intended to follow the claim from initial scoping, identifying the correct parties and grounds, preparing the application and evidence, complying with publicity directions, dealing with objections and progressing the application to determination. Check that LPA 1925, s 84 is the correct route Before taking any steps, check whether the restriction can properly be the subject of an application under LPA 1925, s 84. The UT can discharge or modify restrictions arising under a covenant or otherwise as to the user of land or building on land, but the jurisdiction does not extend to positive covenants or to easements, such as rights of way. Check in particular that: • the covenant (or other provision) is restrictive in substance and concerns

This guide provides general information about applying to the Upper Tribunal (Lands Chamber) to discharge or modify a restrictive covenant affecting land. It is not a substitute for legal advice on your specific circumstances. Your property disputes lawyer will be able to advise you on the strength of any application, the evidence required, the likely procedure and the risks involved. Initial considerations An application under section 84 of the Law of Property Act 1925 is a specialist application to the Upper Tribunal (Lands Chamber), often called the UT, asking it to discharge or modify a restriction affecting land. The application is commonly used where a restrictive covenant prevents or limits a proposed development or use of land. The party bringing the application is referred to in this guide as the applicant. A person who claims the benefit of the restriction and objects to the application is referred to as an objector. There may be more than one objector. Before commencing an application, it is necessary