This Practice Note is a ‘how to’ guide on terminating a commercial, business-to-business contract, which signposts relevant content. It includes a summary of the different methods of contract termination, factors when considering if termination is appropriate, the requirements for a valid termination, and other legal and practical considerations when terminating a contract. There are a number of ways in which a contract can be brought to an end. For a high level view of the various different legal concepts that may be relevant, see: Contract termination—overview and Practice Note: Termination and expiry of contracts. This Practice Note is primarily focused on terminating business-to-business commercial contracts in accordance with common law and the clauses in the contract. For detailed guidance on the law in relation to contractual termination by these methods, see Practice Note: Terminating commercial contracts. For a useful, detailed checklist to use when terminating a contract, see: Contract termination—checklist. For an illustration of the issues to be considered when choosing a method for termination of a commercial contract, see: Choosing a termination right—flowchart. See

This Practice Note is intended for law firms. It explains when and how you can terminate your client retainer. Incorrectly terminating a retainer can have serious consequences. You will not be entitled to be paid for any work done on the client’s matter and you could be subject to disciplinary sanctions by the SRA. Requirements about terminating the retainer can largely be found in the Solicitors Act 1974 (SA 1974) and case law, supplemented by guidance from the SRA. There is a unified message—to terminate a retainer you must have good cause and you must give reasonable notice to the client. No entitlement to be paid A retainer is normally an entire contract under which you agree to do certain work for the client. If you wrongfully terminate the retainer you are not entitled to any payment for the work you have done, either on a quantum meruit or any other basis. Common law right to terminate the retainer There is a common law principle that a solicitor can terminate the retainer on reasonable

Trustee’s checklist The trustee should consider the following matters: Termination of the trust • diarise events of termination, eg beneficiary reaching 25 • consider pre-termination tax planning • ensure validity of termination documents • verify date of termination Accounts and liabilities • identify and pay liabilities • finalise tax liabilities • prepare final accounts Distribution of assets • identify beneficiaries • identify assets • ascertain amount due to each beneficiary • obtain release/discharge/indemnity • distribute assets/transfer title See also: Trustees' checklist on the termination of a trust. Methods of terminating a trust Subject to the terms of the particular trust, an express trust can usually be brought to an end in one of the following ways: • By the settlor exercising a power of revocation • Setting aside the disposition of property into trust • By the expiry of a set period of time, dictated by the trust document or by the governing law of the trust • By an application by the trustee in bankruptcy of the settlor where

This Practice Note provides step-by-step guidance for a site provider on ending an agreement with a telecoms operator under the Electronic Communications Code (the Code), which is set out in Schedule 3A of the Communications Act 2003 (CA 2003). It covers how to assess whether the Code applies, the grounds for termination, the notice process, tribunal proceedings and securing removal of the apparatus. For detailed guidance on terminating Code rights, see Practice Note: The Electronic Communications Code—terminating and renewing code rights. Does the Code apply? Identify the agreement and the parties Obtain the complete agreement, any variations and assignments, and evidence of the parties' current interests. A notice to terminate under paragraph 31 of the Code may be given only by a site provider who is an original party to the Code agreement, or a successor in title. A site provider who acquired an overriding lease will be treated as a party to the agreement. See Practice Note: The Electronic Communications Code—terminating and renewing code rights—Terminating Code rights (Part 5). Check

This ‘how to’ guide on understanding the civil litigation risk of ESG (environmental, social, and governance) considers and summarises the following: • what is ESG? • what is ESG civil litigation risk? • who might bring a civil ESG litigation claim? • who is at risk of a civil ESG litigation claim? • ESG and the role of lawyers • where can further guidance and assistance be found? You may also wish to read this guidance alongside Practice Note: ESG for in-house lawyers—the basics. In 2023, the Law Society produced guidance, applicable to both in-house and private practice solicitors, to assist solicitors providing advice to companies on climate risk governance and greenwashing risks—see: LNB News 25/10/2023 51—Law Society publishes guide to climate risk governance and greenwashing risks and further below. What is ESG? ‘ESG’ is an acronym, being an ‘umbrella term’ used to refer to the environmental, social and governance issues or aspects of an organisation’s activities. Historically, the term was closely aligned with the concept of corporate social responsibility (CSR)—a business

In a law firm workplace where people want different things, how you can you focus on the things that really make your team tick? What will motivate team members to perform above and beyond the call of duty and what might get in the way? This Practice Note explores the essential elements of team motivation and explains how reward can mean different things to different people. It covers: • what motivation is and how it works differently for different people • five things that are guaranteed to demotivate your team • how to spot signs of demotivation • celebrating and building on success • tackling underperformance • keeping hybrid teams motivated • keeping part-time workers engaged • making team meetings positive and pain-free What is motivation? Motivation is the driving force behind the things we do. It encompasses the reasons or desires that prompt us to act in a particular way. When it comes to motivating teams, our powers as managers are limited. We do not control others

This Practice Note is a ‘how to’ guide setting out the key steps and considerations for local authorities assessing the age of an asylum-seeker or migrant to determine eligibility for statutory support and duties owed under the Children Act 1989 (ChA 1989). It sets out the key parties involved in an age assessment, the key elements of a lawful local authority age assessment, evidence requirements, common risks, pitfalls and consequences of a successful challenge. What is an age assessment? An age assessment is the process by which a decision-maker, usually a Home Office assessor or a local authority social worker, establishes the chronological age of an asylum-seeker or migrant in order to determine their eligibility for statutory support including whether they are owed duties under ChA 1989. It is a crucial step in the asylum process. For background reading, see Practice Notes: Age assessments—immigration and asylum, Local authority duties towards unaccompanied asylum seeking children and Asylum seekers with children under 18 and unaccompanied asylum seeking children who reach 18. Why

This Practice Note provides practical guidance on how to undertake data mapping. It is based on an article by Nicola Fulford of Hogan Lovells and Krysia Oastler of Kemp Little, first published in the Privacy and Data Protection Journal. Data mapping (finding out what personal data your organisation processes) is often cited as one of the first tasks to tackle in a data protection compliance programme. Data controllers are required to have a written record of data processing activities—such records must be made available to the supervisory authority on request. See Precedent: Data processing register. According to ICO Guidance: How do we document our processing activities?: ‘A good way to start is by doing an information audit or data-mapping exercise to clarify what personal data your organisation holds and where. It is important that people across your organisation are engaged in the process; this can help ensure nothing is missed when mapping the data your organisation processes. It is equally important to obtain senior management buy-in so that your documentation exercise is supported and well

This Practice Note provides guidance on CE-File electronic filing (also known as e-working/e-filing) in the courts under CPR PD 5C from 1 October 2025. It provides guidance on the various sources that inform users as to how to use the system. This Practice Note should be read in conjunction with the following Practice Notes: • When and where is CE-File applicable?—from 1 October 2025—for guidance on which courts use CE-File electronic working and to which proceedings CE-File applies • Electronic communication and filing of documents by email—CPR PD 5B—for guidance on electronic filing under CPR PD 5B For general guidance on filing documents in civil proceedings, see Practice Note: Filing documents at court in civil proceedings. Note: As part of efforts to enhance the principle of open justice in the civil courts, the ‘access to public domain documents’ pilot, which is provided for by CPR PD 51ZH, will run in certain courts handling commercial disputes between 1 January 2026 and 31 December 2027. New CE-File filing categories for public domain documents

This Practice Note provides information on the two case management systems used in the criminal justice system—Common Platform and the Crown Court Digital Case System (commonly shortened to DCS). It explains how to register for both systems and how they can be used to manage and progress cases through the courts. HM Courts and Tribunals Service (HMCTS) has published a suite of guidance notes for court users on how to use Common Platform and DCS which are referenced and linked to throughout this Practice Note. What is Common Platform? Common Platform is a digital system for managing criminal cases. It was originally launched in 2016 with the aim to modernise the criminal justice system and reduce court backlogs. Since August 2023, Common Platform is used in all criminal courts in England and Wales. Initially it was intended to become the sole case management system in both the magistrates’ courts and Crown Courts, however the Ministry of Justice has confirmed that the existing DCS will continue to be used for case material

In many cases, the parties involved in an employment-related dispute will be keen to avoid the cost, uncertainty and time involved in either initiating or responding to an employment tribunal claim or, where a claim has been submitted, proceeding to a full tribunal hearing, and may therefore wish to settle the dispute. Attempts to negotiate a settlement of the claim or potential claim may be made as soon as the dispute arises, before the submission of the claim or response, or at any point during the employment tribunal process (including during any period between determination of liability and remedy). For further general information, see: Settlement (employment)—overview. If settlement terms are agreed, the way in which that agreement is put into writing may depend on: • the nature of the claims or potential claims being settled • whether or not the claim has been submitted to the employment tribunal The two main ways of settling existing or potential employment tribunal claims are a settlement agreement (formerly known as a compromise agreement') and

Why use environmental consultants? Environmental consultants work in a wide range of areas and businesses in regulating, controlling and preventing air, land and water pollution. They assess environmental risk, review compliance with environmental regulation and best practice and act as expert witnesses in legal proceedings. Environmental consultants have: • technical expertise • affiliations with other consultancies, providing trusted contacts and referrals • knowledge of regulatory requirements • practical advice and experience in environmental risk and management When to use environmental consultants Environmental consultants may be instructed by lawyers for various types of work, including to: • assess the environmental risks and liabilities associated with the acquisition of a property portfolio or target company, eg contaminated land assessment, environmental audit for compliance with environmental law • advise on environmental impacts and project design for developments or major projects • report on regulatory compliance and defend enforcement action on behalf of their client • provide evidence as an expert witness on behalf of their client in litigation • peer review reports prepared by other consultants An environmental