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CHECKLISTS
This Checklist assists when commencing ad hoc arbitration under the provisions of the Arbitration Act 1996 (AA 1996), and institutional arbitration proceedings under the London Court of International Arbitration (LCIA) Arbitration Rules and the International Chamber of Commerce (ICC) Arbitration Rules. Key points to consider when commencing arbitral proceedings under the Arbitration Act 1996 • check the arbitration agreement for any pre-arbitration steps and/or conditions, such as participating in a form of ADR (such as negotiation or mediation), and comply with them • check any time-bars in the arbitration agreement/underlying substantive contract or statutory limitation periods and ensure that they are complied with—see Practice Notes: Limitation periods in arbitration (England & Wales) and Foreign Limitation Periods Act 1984 • check the arbitration agreement for the incorporation of any arbitration rules and/or any other provisions relating to the commencement of arbitration—see Practice Note: Commencement date of an arbitration under the AA 1996 and arbitration rules • check the service/notice provisions in the arbitration agreement and AA 1996 as applicable and put procedures in place to ensure that service will be
PRACTICE NOTES
Proceedings on complaint are the backbone of magistrates’ courts’ civil jurisdiction. These are adversarial proceedings which, in origin, were virtually identical to criminal proceedings, typically commenced by information. However, criminal proceedings have been repeatedly reformed over subsequent years, while civil proceedings have changed much less. Nonetheless, this similarity means that many of the rules on informations are also relevant to complaints. The types of cases which fall within the magistrates’ civil jurisdiction include: • the enforcement of civil financial liabilities such as council tax, rates and child maintenance • appeals against the decisions of other bodies, for example licensing decisions or certain decisions of public authorities or regulators • police forces applying for civil behaviour orders, such as sexual harm prevention orders, football banning orders and domestic violence protection orders/domestic abuse prevention orders The basis of proceedings on complaint in the magistrates’ court Magistrates’ courts are creatures of statute and have no inherent jurisdiction. Proceedings for an order on complaint are governed
PRACTICE NOTES
This Practice Note is a ‘how to’ guide on drafting a construction sub-contract which is ‘back-to-back’ with a main contract. Sub-contracting essentially means a contractor entrusting a third party to perform some of its obligations under the main contract. The objective in drafting a sub-contract must therefore be to ensure that the sub-contractor’s obligations to the contractor are identical to (or at least, no less onerous than) the contractor’s obligations to the client—in other words, to ensure that the sub-contract mirrors, or is ‘back-to-back’ with, the main contract. This guide sets out the steps you will need to run through in drafting a sub-contract, to ensure an effective step-down of obligations from contractor to sub-contractor, assuming that the main contract is a typical bespoke design and build contract. If the main contract is, or is based on, a standard form construction contract such as the JCT Design and Build Contract 2024 or the NEC Engineering and Construction Contract, it may be sensible to consider using the corresponding standard form subcontracts as a base. For more
NEWS
Commercial analysis: In today’s hyperconnected world, cyber risk is no longer a peripheral concern—it’s a central business issue for the vast majority of businesses. In 2024, 75% of software supply chains experienced attacks, with global economic losses projected to soar to £108bn by 2031. As cyber threats become more sophisticated and supply chain vulnerabilities grow, legal teams are playing a critical role in shaping organisational resilience. Adapting supply chain contracts to reflect the growing complexity and severity of cyber threats is one area where legal teams can protect their organisation. In this article Jocelyn S Paulley, partner at Gowling WLG, highlights practical ways to strengthen cyber clauses beyond simple policy compliance and explores what contract drafters should prioritise: governance, transparency, incident response and technical measures.
PRACTICE NOTES
This short guide sets out the steps to be followed to voluntarily strike a company off the companies register pursuant to section 1003(1) of the Companies Act 2006 (CA 2006). It does not cover the strike off of a company at the instigation of the Registrar of Companies, which is covered in Practice Note: The Registrar's powers to strike off a defunct company. For a comprehensive review of the legislation, case law and procedure regarding striking off a company, see Practice Note: Voluntary striking off and dissolution. For an illustrative step-by-step guide to the procedure for striking off a company, see Flowchart: Voluntary striking off—flowchart. Check that the voluntary strike off procedure is suitable Before proceeding with the striking off application, the company’s management and/or advisers should consider if the procedure is suitable. It is generally only suitable for a solvent company with relatively straightforward affairs and assets that are easy to close down or distribute. Other routes to dissolution, such as voluntary liquidation, may be more appropriate for companies with more complicated business
PRACTICE NOTES
STOP PRESS: From 1 October 2026, section 48 of the Border Security, Asylum and Immigration Act 2025 (inserting sections 14A and 15A of the Immigration, Asylum and Nationality Act 2006) extends right to work civil penalty liability in certain contractual arrangements, including where a supplier which, having contracted to provide services to a customer, engages a subcontractor to perform all or part of those services. Although the subcontractor remains responsible for carrying out prescribed right to work checks on individuals it employs or engages to perform the subcontracted services, the supplier may be treated as 'employing' any individual who personally performs the services and so may also be held liable for illegal working unless it satisfies the prescribed requirements for establishing a statutory excuse. The extended liability requirements apply to relevant contractual arrangements entered into on or after 1 October 2026. See News Analysis: Extended scope of the right to work regime: how will it work in practice? and LNB News 14/09/2026 18 for further information. This Practice Note will be updated shortly
PRACTICE NOTES
The Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000) impose obligations to report knowledge or suspicions of money laundering and terrorist financing to the National Crime Agency (NCA) by way of a Suspicious Activity Report (SAR). There are heavy criminal sanctions for failing to do so. A SAR can be: • an internal SAR to the organisation's nominated officer, or • an external SAR to the NCA This Practice Note explains how to submit a SAR using the NCA’s SAR Portal, which was made open to all reporting organisations from 18 September 2023. It covers registering with the SAR Portal, submitting a SAR, and the information needed to make the submission, as well as steps to take post-submission. The SAR Portal The way SARs are submitted to the NCA changed from 18 September 2023, when the SAR Portal opened to all reporting organisations, replacing the SARs Online system. Organisations must register for and then submit all SARs using the SAR Portal. The SAR
PRACTICE NOTES
This Practice Note is intended for law firms regulated by the SRA. It reflects SRA guidance on the characteristics of good supervision and explains how to apply the SRA’s supervision requirements to the following working arrangements and activities: • situations where there is no employment relationship • situations where work is to be supervised by someone who is not SRA-authorised • remote, hybrid and agile working • advocacy • the conduct of litigation • other reserved legal activities • claims management activities • legal aid work • immigration work • supervision of artificial intelligence (AI)-assisted or AI-generated work Effective supervision is a regulatory requirement as well as being good practice. It can help manage the risk of negligence, as well as other regulatory risks. For more information, see Practice Note: Supervision—regulatory requirements—law firms. Supervision where there is no employment relationship If you are supervising, or being supervised by someone with whom you have no employment relationship, the SRA expects you to ensure you have a clear, shared understanding, set out in writing, of: • the fact that supervision is being
PRACTICE NOTES
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended, identify professional bodies with responsibility for AML supervision. The Law Society is the named supervisor for solicitors and law firms in England and Wales, however the Law Society delegates regulatory activities to the Solicitors Regulation Authority (SRA), which means the SRA is responsible for ensuring the solicitors and firms it supervises comply with the MLR 2017. In October 2025, the government announced that the Financial Conduct Authority (FCA) will become the single professional services supervisor for AML and counter-terrorist financing (CTF)—see News Analysis: FCA to take reins of AML regulation from SRA. This reform is subject to the passage of enabling legislation, confirmation of funding arrangements, and development of a detailed transition and delivery plan. In the meantime, the SRA will continue its work to supervise AML compliance in law firms. This Practice Note is a ‘how to guide’ providing guidance on how to prepare for an anti-money laundering (AML) inspection
PRACTICE NOTES
This ‘How to’ guide sets out how to suspend an employee (or worker) for the purposes of an investigation. It considers the legal issues that arise when an employer is considering a temporary suspension, alternatives to suspension, the right to be accompanied, when and how to suspend and who should carry out the suspension. It also examines the length of the suspension and the employee’s rights during suspension, including the right to pay during suspension. The Practice Note also addresses supporting mental health during the suspension process, what should be done when the suspension ends, record-keeping requirements and challenges to a suspension. A suspension is a period of time when an employee is required by their employer to refrain from carrying out their normal work. If the employee usually works at the employer's premises, and/or out and about with customers, this means they will not attend their normal place of work during the suspension. If the employee normally works from home, it means that they will refrain from undertaking the normal tasks and duties associated
PRACTICE NOTES
This Practice Note provides an overview of potential points that may be useful to consider when tailoring a commercial contract for public sector use. When using template terms and conditions, it is always useful to consider whether there needs to be any tailoring of provisions to reflect bespoke service requirements, internal requirements and/or the risk profile. Public body services and requirements are diverse and contracts will need to be drafted and adapted on a case-by-case basis. The nature of the parties involved may also necessitate further adaptations to reflect potentially different roles, relationships and legal statuses. Tailoring should usually be informed by early engagement with the market and relevant stakeholders, including with internal specialist colleagues, eg service area leads, legal, finance and insurance. Legal advice should be sought when considering what provisions should be included in a specific contract. For further practical guidance on public sector clauses and commercial contract clauses, see: Public sector clause bank—overview, Commercial clauses—overview and Practice Note: Outsourcing—key terms. Key aspects of commercial terms and conditions While
PRACTICE NOTES
Having conducted an audit of the contract management processes in your organisation (see Practice Note: How to conduct a contract audit), you should understand what the current process within your organisation involves (or that there are in fact several processes). You now have the building blocks to enable you to take control of the contract management process in the legal department. The way in which you structure contract management within the legal department can be a tactical operation or a strategic structured approach, with various steps in-between those, depending on the size and nature of your organisation and the resources available to you. The key point is that whichever approach taken, it must be one which demonstrates it enhances your organisation’s goals and revenue. Before you implement a contract management system for the legal department, you should be clear in your mind about the arguments you will use to counter any challenges to the inevitable changes that will be brought about to current ways of working. The key argument is that