This Practice Note is intended for law firms. It provides guidance on how to conduct an effective attendance review meeting. The purpose of conducting attendance review meetings Periodic attendance review meetings are an integral part of managing long-term sickness where an employee has been absent from work for an extended period of time (usually more than four weeks). The purpose of an attendance review meetings is to: • discuss the reasons for an employee’s high absence rate, and • where the absence is attributable to a specific health condition, review its impact on the employee’s capability to perform the job role that they are employed to do Where an employee’s work performance and/or absence rate is adversely affected by a long-term health condition such that the viability of their continued employment is in question, it is appropriate to manage the process through periodic attendance review meetings rather than implement disciplinary procedures. All review meetings should be conducted with sensitivity. Many employees are likely to find extended absence

The following questions and issues should be at the forefront of an environmental lawyer’s mind when responding to an environmental incident and potential investigation. This Practice Note should be read in conjunction with Practice Note: Conducting an investigation into environmental crime. Initial considerations • does the organisation’s environmental policy or permit set out the procedure to be followed when an incident takes place? • is there a specified incident response team to be called together and has that team been notified? • is there an established chain of command for obtaining instructions on the incident response? • does the Board, or an appropriately constituted sub-committee of the Board, have oversight of the work of the environmental officer and any investigation report? Are these the ‘client’ for the purposes of legal advice? • it is important for the purposes of legal privilege that third party professionals, including environmental consultants and lawyers, receive their instructions from ‘the client’ group. Anyone who is not strictly, for these purposes, the client should seek authorisation from the client

This Practice Note looks at the practical steps for a landlord opposing the grant of a new business tenancy under the Landlord and Tenant Act 1954 (LTA 1954). It covers the applicability of the Act, selecting and evidencing grounds of opposition, notices, the deadline for proceedings, the Part 7 claim, directions, trial and statutory compensation. For an overview of the opposed lease renewal process, see: LTA 1954 opposed lease renewal procedure—flowchart. Check LTA 1954 applies Before taking any step, confirm that the current arrangement is a tenancy to which LTA 1954 applies. The tenant must occupy all or part of the premises for the purposes of a business, and the tenancy must not be excluded from the statutory regime. A licence, tenancy at will or excluded tenancy will require a different route to possession. See Practice Note: LTA 1954 business lease renewal—termination—Does LTA 1954 apply? Identify the holding and the competent landlord Obtain the lease, variations, and details of any assignments, subtenancies and occupiers. Identify the holding actually occupied for the tenant's

This Practice Note looks at the practical steps to be taken by a landlord in dealing with a business lease renewal pursuant to the Landlord and Tenant Act 1954 (LTA 1954) where it does not oppose the grant of a new tenancy to the tenant. It provides guidance on serving a section 25 notice or dealing with the tenant’s section 26 request, the deadline for issuing proceedings, agreeing extensions to the statutory deadline, the form and content of the claim, where to issue, responding to the claim and the next stages in the lease renewal proceedings. Check LTA 1954 applies Before taking any steps, check that the tenancy satisfies the requirements of LTA 1954, s 23, namely: • there is a periodic or fixed-term tenancy. LTA 1954 does not apply to eg a licence or tenancy at will • the tenant occupies at least part of the premises • that occupation by the tenant is wholly or partly for business purposes and that the tenancy does not fall within one of

This Practice Note looks at the practical steps to be taken by a tenant to renew its business tenancy pursuant to the Landlord and Tenant Act 1954 (LTA 1954) where that is not opposed by the landlord. It provides guidance on serving a section 26 request for a new tenancy or responding to a landlord’s section 25 notice, the deadline for issuing proceedings, agreeing extensions to the statutory deadline, the form and content of the claim, where to issue, responding to the claim and the next stages in the lease renewal proceedings. Check LTA 1954 applies Before taking any steps, check that the tenancy satisfies the requirements of LTA 1954, s 23, namely: • there is a periodic or fixed-term tenancy. LTA 1954 does not apply to eg a licence or tenancy at will • the tenant occupies at least part of the premises • that occupation by the tenant is wholly or partly for business purposes and that the tenancy does not fall within one of the classes of tenancy

Techniques for controlling time and costs in arbitration This Checklist is derived from the ICC publication: Techniques for controlling time and costs in arbitration. The report is aimed at the tribunal, arming them with methods of conducting efficient arbitration. It is also useful for practitioners preparing for arbitration. The following are suggestions to practitioners derived from the ICC's report. Timetable • make all reasonable efforts to comply with the timetable and only request extensions when justified • consider whether hearings could be avoided or conducted by telephone

This ‘How to’ guide sets out how to conduct an informal performance management meeting. It provides guidance on the structure of meetings, in particular, giving appropriate feedback, basic coaching skills and agreeing an action plan. An informal performance management meeting can usefully be divided into two phases: • explaining in discussion with the employee what the gap is between their actual performance and the performance that is expected of them, and then establishing what the reasons are for this under-performance • agreeing ideas on how to bridge that gap For further information on management of under-performance generally, see Practice Note: How to manage under-performing employees. Establishing the nature of the under-performance and the reasons behind it While there will be a requirement for the manager to give a certain amount of feedback (see Feedback, below), the most powerful tool to use during the meeting is effective questioning. The manager may be very aware of the issues, but it is important that the employee also recognises what the issues are and the reasons behind

The lender's lawyers will conduct due diligence on the borrower(s), any guarantors and any third party security providers (the obligors) at the start of the transaction. Immediately prior to completion (ie funding), the lender will want comfort that nothing has changed in respect of the financial or corporate position of the obligors since its initial due diligence. On the morning of completion, the lender's lawyers typically carry out certain searches on the obligors for this purpose. Winding up search The Central Registry of Winding-up Petitions (the Central Registry) is a computerised register of winding-up petitions and administration applications which is maintained for all petitions or applications presented to either the High Court (Business and Property Division, Insolvency and Companies List) (formerly known as the Companies Court), a Chancery District Registry or the County Court. A search at the Central Registry should reveal: • any petition or order for the winding-up of a company made in England and Wales, and • any administration application, order or appointment (including out-of-court appointments and

This short guide provides a quick reference resource for correcting or amending defective or incomplete accounts of a company. Financial and non-financial reporting obligations vary for different types of company. For further information see Practice Note: Financial reporting obligations of a company and its directors. For an overview of the statutory reporting regime, see Practice Notes: Accounts and reports—an outline of the statutory framework and Accounts and reports—individual and group accounts. A short summary of the process required to prepare, approve, publish and file accounts The following summary provides links to further information in relation to each stage in the preparation and filing of company accounts: • preparing the accounts and reports, see Practice Note: Accounting records and Preparing the accounts and reports in Practice Note: Financial reporting obligations of a company and its directors • approval and signing of accounts and reports, see Approval and signing of accounts and reports in Practice Note: Financial reporting obligations of a company and its directors • publishing the annual accounts and reports (and, for public companies, laying the

Restructuring & Insolvency analysis: The High Court held that the assignment by Serisys Ltd (Serisys) of valuable intellectual property to a group company in return for an effectively worthless licence was a transaction at an undervalue (TUV) under section 238 of the Insolvency Act 1986 (IA 1986) and a transaction defrauding creditors under IA 1986, s 423. The decision illustrates that intellectual property may be valued using a depreciated replacement or reproduction cost approach and that alleged joint ownership does not establish an absence of value. Importantly for directors of group companies, the IA 1986, s 238(5) defence requires benefit to the particular company, rather than the wider group, to be considered. The case also demonstrates the remedial flexibility available under IA 1986, ss 238, 241 and 423. Produced in partnership with Andrew Mace of Tanfield Chambers.

This Practice Note explains what a business continuity plan (BCP) is, looks at industry standards requirements in relation to BCPs, and provides guidance on formulating a BCP, including a Business Impact Analysis (BIA). What is a BCP? A BCP is a document setting out how the organisation will manage a negative event that could threaten the continuation of its business. Purpose of the BCP The BCP is an important part of the overall risk management framework for any organisation. It helps ensure the business is able to survive a critical event and the organisation is able to meet its obligations to clients or customers, regulators and other stakeholders. The BCP identifies the potential risks and/or interruptions to the business and documents the organisation’s systems or procedures to: • minimise the threat of damage to the business • respond to a business interruption, and • recover from a business interruption BCP v disaster recovery plan While sometimes used interchangeably, a BCP and a disaster recovery plan (otherwise known as

Decisions are made all the time that are taken effectively and implemented well. But decisions are also made that may seem confused, over-complicated or ineffective. This Practice Note considers why you need a decision-making framework, what such a framework should include, tools you can use during the decision-making process and how to create and implement a decision-making framework for your organisation. Why do we need a decision-making framework? Decision frameworks provide a structured way to make decisions that support and enhance the organisation. The goal for all decision-making should be to maximise the probability of positive outcomes. A decision framework will enable you (or your department or organisation) to: • keep everybody aligned • ensure decisions are visible through all levels of planning • make clear how choices and plans support department or organisational strategies • work in an ethical way • meet compliance and regulatory requirements • make decisions at the right pace based on a clear process • consult the right people, but clearly identify the final decision maker • gain stakeholder buy-in