Introduction This Practice Note provides a practical roadmap for a tenant dealing with a landlord’s breach of lease or interference with the tenant’s rights. It explains the key initial investigations, evidence gathering and strategic considerations, including identifying the relevant covenant, preserving the tenant’s rent position, deciding whether urgent injunctive relief is needed, and selecting the most appropriate remedy. It covers common remedies including injunctions, specific performance, set-off, self-help, declarations, damages, termination for repudiatory breach, and residential leaseholder remedies such as appointment of a manager, acquisition of the landlord’s interest, right to manage and management audit. Gather information Check the lease terms: • identify precisely which landlord covenant has been breached • check whether the landlord has reserved rights which may justify the conduct complained of, for example rights of entry, or rights to interrupt services temporarily • check whether the tenant has any express remedy, such as a right to carry out works and recover the cost, a right to inspect insurance documents, a right to audit service charge material or a right

THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Practice Note explains how a section 75 debt can be dealt with on a transaction, particularly in a multi-employer scheme where different options are available. This Practice Note also covers considerations relating to the Pensions Regulator's clearance procedure and the notifiable events regime. For considerations specific to scheme trustees when deciding how a section 75 debt should be dealt with on an employment cessation event, see Practice Note: employment cessation events—trustee decision-making process. For considerations specific to section 75 debts triggered in the context of a group reorganisation, see Practice Note: Intra-group reorganisations and pensions. Determining whether a section 75 debt will be triggered Section 75 debt triggers A section 75 debt (also known as an 'employer debt') may become due from the employer of a defined benefit occupational pension scheme where: • the scheme is a multi-employer scheme and an employment cessation event occurs in relation to that employer (referred to in this Practice Note as

THIS PRACTICE NOTE APPLIES IN RELATION TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Practice Note looks at the alternative methods available to deal with a section 75 debt, particularly in a multi-employer scheme. This Practice Note also covers any clearance and notifiable event issues that may arise. For considerations specific to scheme trustees when deciding how a section 75 debt should be dealt with on an employment cessation event, see Practice Note: Employment cessation events—trustee decision-making process. For considerations specific to a section 75 debt triggered in the context of a transaction, see Practice Note: How to deal with a section 75 debt on a corporate transaction. For considerations specific to section 75 debts triggered in the context of a group reorganisation, see Practice Note: Intra-group reorganisations and pensions. Recognising that a section 75 debt has been (or will be) triggered Section 75 debt triggers A section 75 debt (known as an 'employer debt') may become due from the employer of a defined benefit occupational pension scheme where: • the scheme is

This Practice Note provides a practical roadmap for dealing with a tenant’s breach of lease. It explains the key initial investigations, evidence gathering and strategic considerations, including preserving the right to forfeit, assessing insolvency issues and selecting the most appropriate remedy. It covers common categories of breach, including rent and service charge arrears, disrepair, unauthorised assignment, underletting, alterations and changes of use, with guidance on forfeiture, debt and damages claims, injunctions, CRAR, claims against guarantors and former tenants, and other enforcement options. Gather information Check the lease terms: • identify precisely what covenant or lease obligation has been breached • confirm whether the landlord has an express remedy for the breach, for example a right to enter and repair, or to forfeit • check whether any contractual default notice, grace period or pre-condition must be satisfied before enforcement. For example, there may be a need to serve a formal demand for payment, a notice to repair, or notice to a lender/mortgagee Gather and preserve evidence of the breach, the date

This how-to guide provides a high-level summary of the procedural steps that a body exercising a public function should take in response to a threatened (or lodged) judicial review. The steps up to the court’s determination on whether to grant permission to apply for judicial review will be considered. For the steps a body can take to protect itself against a successful judicial review challenge, see Practice Note: Avoiding a judicial review. Take legal advice The degree to which public authority decisions being threatened with an application for judicial review will have been the subject of prior legal advice varies. It depends on the type of decision being challenged (eg if it is a big policy decision, it would likely have been the subject of prior advice, in contrast to individual administrative decisions) and the identity of the public decision-maker. The first question when receiving a pre-action letter threatening a claim for judicial review therefore is: are there any obvious issues with the decision which is the subject of the proposed challenge?

This Practice Note is a ‘how to’ guide providing practical guidance on how to identify and assess potential vexatious freedom of information requests under section 14 of the Freedom of Information Act 2000 (FIA 2000). Identify potential requests A vexatious request may have the following hallmarks: • a persistent requester • no public value in the information • part of a campaign against the public authority or individuals • personal attacks on individuals • allegations of improper or illegal behaviour without foundation • reopening issues that have already been dealt with and concluded • inappropriate tone and language • motive of the requester is to cause disruption or private gain rather than a genuine desire to request information relevant to the public If any of these are present, then FIA 2000, s 14 can be considered as an applicable exemption. Apply the relevant test The test for whether a request is vexatious is where the burden on the public authority outweighs the public value. Assessing

In some circumstances, a transaction will involve satisfying certain conditions after completion has taken place. These are known as 'conditions subsequent'. This may be as a result of the terms of: • the finance documents (eg where it was always intended to be the case that certain conditions which the lender attaches to the transaction could only be satisfied after completion), or • a waiver or amendment letter (ie where certain conditions precedent were not satisfied at completion and the lender agreed to waive them for a specified period) It will be in the interests of both the lender(s) and the borrower to make sure that the conditions subsequent are satisfied within any deadline set by the lender(s). Lawyers acting for the lender(s) The lender(s) will be concerned to ensure that any conditions subsequent are satisfied within the relevant deadline. The lawyers acting for the lender(s) should: • check the terms of the finance documents to see if there are any conditions subsequent

This Practice Note explains how to protect confidential documents and information in IP disputes, including during disclosure, court filings, hearings and after proceedings conclude. It considers confidentiality clubs, restrictions on access, trade secrets, court filings and the interaction between confidentiality, fair access to evidence and open justice. For an overview of confidential information, see: Confidential information—overview and Protecting confidential information—overview. Confidential information in IP disputes Common examples of confidential information IP disputes commonly require the parties to disclose technical and commercial material central to the issues, so the need for confidentiality arrangements should be considered throughout the proceedings. Whether information is confidential, and the level of protection required, depends on its content, age, commercial context, accessibility and potential for misuse. Any label applied by its owner is relevant but not conclusive. Common examples of confidential information include: • trade secrets, know-how and technical information, including source code, designs, specifications and test results • manufacturing and supply-chain information • licensing information, including licences, royalty rates, negotiations and licensing strategy • commercially sensitive financial, pricing,

ARCHIVED: This Practice Note has been archived is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force. This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. This includes the following Practice Note: How to deal with confidentiality issues—PA 2023. Confidentiality in public procurement—pre-PA 2023 This Practice Note should be read in conjunction with Practice Notes: Disclosure

STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance is about public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on confidentiality issues under the previous legislation, see Practice Note: How to deal with confidentiality issues, including during procurement litigation—pre-PA 2023. Confidentiality in public procurement and the wider public sector context This Practice Note should be read in conjunction with the Practice Note: Use of confidential information in civil proceedings. Protecting

This ‘How to’ guide sets out the key issues to consider when dealing with corporate support as an employment lawyer, signposting the materials that are available. It explains the key aspects of employment corporate support and then considers employment due diligence, advising on the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, to the transaction concerned, asset purchases and share purchases, the employment aspects of various property transactions and outsourcing arrangements, business reorganisations and joint ventures. The Practice Note goes on to consider drafting employment warranties, employment disclosures in the disclosure letter, and employment indemnities. Data protection issues are also considered. Key aspects of employment corporate support An employment practitioner may be involved in advising on the employment-related aspects of various stages of a number of different types of corporate transaction, often as part of a team of specialists working alongside the corporate team, covering areas such as tax, pensions, environment, intellectual property and property. The extent of involvement will typically depend on the nature, complexity

This Practice Note is a ‘how to’ guide on dealing with cybersquatting as a business. It includes a summary of what cybersquatting is, how to prevent it and what do to in the event that cybersquatting has occurred. This Practice Note assumes that the infringing domain name is a UK-based domain, eg .co.uk, .uk, or .org.uk. What is cybersquatting? Cybersquatting is where a party registers and/or uses a domain name in bad faith to take unfair advantage of, or in detriment to, a third party’s rights. A domain name is a unique name that identifies a specific internet resource or one or more IP addresses, eg a website. For information, see: Domain names—overview. An example of cybersquatting would be registering a domain name which includes a well-known brand name and trade mark to sell the domain name back to the brand owner at an increased price or to use that domain name to redirect genuine customers of the brand to another site perhaps selling a competitor’s goods. Cybersquatting has not been defined in legislation or by the