Why are security documents typically executed as deeds? Security documents are typically executed as deeds. This is because: • a legal mortgage of land must be made by way of deed—see Practice Note: Taking security over land • an instrument under which a power of attorney is granted must be executed by the donor by way of deed—see Practice Note: Execution formalities—under a power of attorney—security documents will typically include a power of attorney from the security provider in favour of the secured party to enable the secured party to take actions to protect or enhance security under the further assurance clause if the security provider fails to do so and to enable the secured party to transfer title to assets over which it has only an equitable charge • if executed as a deed, a secured party enjoys certain enforcement powers conferred by statute in relation to the mortgages and charges contained in the debenture, such as the power to appoint a receiver or exercising

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in commercial agreements, including the terms: abandonment; wilful misconduct; and deliberate default. It considers how these terms have been interpreted via case law and includes tips for parties when drafting and negotiating commercial agreements. What is an exclusion or limitation of liability clause? An exclusion clause is a contractual term which sets out exclusions upon liability. It is sometimes referred to as an exemption clause. A limitation of liability clause is a contractual term which sets out limitations upon liability. Both of these types of clauses are subject to statutory and common law controls. For more on those general controls, see Practice Note: Exclusion and limitation of liability and for an example limitation of liability clause, see Precedent: Limitation of liability clause. What do the terms used in these types of clauses mean and why is this important? The terms used in an exclusion or limitation of liability

Commercial analysis: This section 69 of the Arbitration Act 1996 (AA 1996) appeal against an arbitrator’s award on a claim for misdelivery raised two issues of interpretation of the Hague-Visby Rules. The court held that starting proceedings to obtain security by way of arresting a vessel was not sufficient to stop time running for the purpose of the Article III,6 one-year time bar; what had to be commenced were substantive proceedings to establish liability. The court also gave guidance as to how deck cargo should be described in bills of lading in order to come within the exclusion of deck cargo from the definition of ‘Goods’ in Article I(c); the court will take a pragmatic, practical and commercial approach in the circumstances. The court upheld the arbitrator’s conclusion that the ‘imperfect’ identification of deck cargo by stating the number of pieces of timber carried on deck was sufficient in this case. Written by Neil Dowers, barrister at 4 Pump Court.

This week's edition of Construction weekly highlights includes a case in which the court construed a bond based on the ABI Model Form (Yuanda v Multiplex), a ruling in which the court gave guidance on the difference between single joint experts and testing houses (Blackpool Borough Council v Volkerfitzpatrick) and the announcement of a new Judge in Charge of the Technology and Construction Court (TCC).

What is estoppel? The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of affairs, A is prevented from going back on the words or conduct which led B to act on that basis, if certain conditions are satisfied. In such cases, A is estopped (ie 'stopped') from resiling from, or denying, the existence of that particular state of affairs. At the heart of all pleas of estoppel is the central question of whether it would be unjust for a party to resile from a position previously agreed with, or represented to, another party. Sometimes, the court will simply consider whether an estoppel has arisen, without necessarily specifying the type. In the context of construction projects, and as demonstrated by the examples in this Practice Note, the forms of estoppel most likely to be relevant are: Estoppel by representation An estoppel by representation arises where one person (A) makes, by words or conduct, a unilateral representation of fact or law to another (B), which was

This Practice Note is produced in partnership with Eoin Ó Cuilleanáin of the Barrister-at-Law. Public procurement law in Ireland derives from EU law, and in particular Directive 2014/24/EU (the EU Public Sector Directive), Directive 2014/25/EU (the EU Utilities Directive) and Directive 2014/23/EU (the EU Concession Directive). These Directives have, respectively, been implemented in Ireland by the: • SI No 284/2016 European Union (Award of Public Authority Contracts) Regulations 2016 (Ireland) (SI 284/2016 (IRL)) (Public Authorities Regulations) • SI No 286/2016 European Union (Award of Contracts by Utility Undertakings) Regulations 2016 (Ireland) (SI 286/2016 (IRL)) (Utilities Regulations) • SI No 203/2017 European Union (Award of Concession Contracts) Regulations 2017 (Ireland) (SI 203/2017 (IRL)) (Concessions Regulations) In essence, the Public Authorities Regulations apply to procurement by ‘contracting authorities’, which encompasses public authorities in addition to ‘bodies governed by public law’. The Utilities Regulations apply to procurement by entities engaged in gas and heat; electricity; water; transport; ports and airports; postal services; and the extraction and/or exploration of certain natural resources. These are defined as ‘contracting entities’.

This Practice Note provides an overview of the key cybersecurity implications that artificial intelligence (AI) presents in the context of cybersecurity obligations under UK law such as those under the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR). It also provides advice on how to incorporate AI as a consideration into existing cybersecurity compliance regimes. The developments in AI raise concerns about the implications for cybersecurity and as the use of AI grows, so do cybersecurity concerns. In January 2024, the UK National Cyber Security Centre (NCSC) (the UK’s technical authority for cyber threats) cautioned that AI will almost certainly make cyberattacks against UK organisations more impactful and prevalent. In April 2026, the government issued an open letter to businesses on AI cyber threats, cautioning that the development of AI models is vastly increasing the speed and scale at which cyber attacks are being carried out, and that businesses must adapt the way they respond to cyber risk accordingly (see: LNB News 16/04/2026 14). In May 2026, the government

This Practice Note is a ‘how to’ guide on handling consumer complaints. It is a commercially focused document that deals with the processes and procedures that organisations should have in place, from first contact with a consumer through to escalation and subsequent PR handling of adverse publicity. Consumers are a sub-set of all customers. This Practice Note looks specifically at individuals who are acting for purposes which are wholly or mainly outside of their trade, business, craft or profession. Where reference in this note is made to customers, it is to customers in their consumer capacity. Where appropriate, this Practice Note signposts to other detailed content on consumer law and practice. Why is good customer service necessary? It is vital that customers have a good experience with the trader so that they will come back again and again. Customer service processes and procedures must be up to the job of looking after customers, no matter what the issue is, and complaints must be dealt with promptly when they arise, both from a statutory point

Please read the following important terms and conditions before you buy anything from us and check that they contain everything you want and nothing that you are not willing to agree to. Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used. The Consumer Rights Act 2015 says: • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it; • if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable; • if a time hasn’t been agreed upfront, it must be carried out within a reasonable time. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133. The information in this summary box summarises some of your key rights. It

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions, including HM Courts & Tribunals Service’s publication of a collection of Business and Property Division forms for use in this Division; the Court of Appeal decisions in Rasmala Trade Finance Fund v Trafigura Pte Ltd and in GI Globinvestment Ltd v XY ERS UK Ltd (claims and remedies); dates for your diary; details of new content and other information of general interest to dispute resolution practitioners.

Updated in December 2025 Introduction The UK has been one of the favoured locations for global businesses to set up their first base in Europe. The UK has maintained strong trade links with most countries in the world—it is geographically located in Europe, but also serves as a mid-point between the US and Asian time zones. Although the UK is geographically part of Europe, it is no longer a member of the European Union and businesses seeking to establish operations in the UK should be aware of the increasing legal and regulatory divergence between the UK and EU Member States. It should be noted that the UK is composed of three separate jurisdictions: England and Wales, Scotland, and Northern Ireland. In most areas, the same or very similar laws will apply in each of these jurisdictions. However, there are differences between the three jurisdictions particularly in relation to local government regulation, the transfer of property and their judicial structures. This guide focuses on the jurisdiction of England and Wales. Additional local advice will be needed if the

This Practice Note refers to the undertakings required in order to obtain a freezing injunction. In particular, it refers to the cross-undertaking in damages, often referred to as the 'price' of obtaining a freezing injunction, and considers in detail fortification of the cross-undertaking in damages, explaining what fortification is and when it is required, who can provide fortification, acceptable forms of fortification and whether it is possible to be released from fortification. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further Court specific guidance below. What is fortification and when is it required? Unless the court orders otherwise, applicants are required to give certain undertakings (also known as cross-undertakings) in return for the grant of an interim injunction. These undertakings are solemn promises made to the court and prescribe how the applicant will act if an injunction is granted in the terms sought. For detailed guidance on