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PRACTICE NOTES
This Practice Note provides information on what a Part 36 offer is, when a Part 36 offer can be made, who can make a Part 36 offer and the requirements that must be satisfied for a Part 36 offer to be valid. It should be read as a starting point and in conjunction with the following Practice Notes: • Part 36 offers—what are they, why make them? • Part 36 offers—who can and when to make them? • Part 36 offers—how to make a valid Part 36 offer Prior to considering how to make a Part 36 offer, it is important to understand what a Part 36 offer is, who can make one and when. What is a Part 36 offer? A Part 36 offer is an offer of settlement that can be made by a party to settle all or part of a claim. The purpose of Part 36 is to encourage the parties to make or accept realistic offers of settlement in order to try and resolve
CHECKLISTS
This Checklist on making a Part 36 offer identifies the key factors that should be considered when drafting a Part 36 offer. Consideration Guidance Further information What a Part 36 offer can be made in relation to A Part 36 offer can be made in relation to the whole or any part or issue of a claim, counterclaim or other additional claim, or an appeal or cross-appeal from a decision made at trial.A Part 36 offer cannot be made in respect of an appeal from an interlocutory decision. For further information, see Practice Note: Part 36 offers—who can and when to make them? When to make a Part 36 offer A Part 36 offer can be made at any time before or after proceedings start (CPR 36.7(1)).A fresh Part 36 offer should be made in relation to an appeal because the Part 36 consequences only apply in relation to the costs of the proceedings to which the Part 36 offer is made, and not in relation to the costs of any appeal from a
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 contains practical guidance for the nominated officer on making an external SAR to the NCA and securing a defence (previously obtaining consent) for carrying out a prohibited act (ie to continue with the matter that you know or suspect involves money laundering or terrorist financing). See also Practice Note: Reporting suspicions of money laundering and terrorist financing for more detailed information on the law relating to the SARs regime. This Practice Note provides guidance which is of general application. You should check whether the law or your regulatory body has any additional,
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 firm's nominated officer, or • an external SAR to the NCA This Practice Note contains practical guidance for the nominated officer on making an external SAR to the NCA and securing a defence (previously obtaining consent) for carrying out a prohibited act (ie to continue with the matter that you know or suspect involves money laundering or terrorist financing). See also Practice Note: Reporting suspicions of money laundering and terrorist financing—law firms for more detailed information on the law relating to the SARs regime. NCA statistics The NCA’s SARs Annual Report 2026 provides the following figures for the period 1 April 2025 to 31 March 2026: • the
PRACTICE NOTES
When someone dies, it must be established whether they made a Will and whether that Will is valid. If the deceased did not leave a valid Will, they are intestate and their estate will be administered in accordance with the intestacy rules found in Part IV of the Administration of Estates Act 1925 (AEA 1925). Dying intestate can lead to various complications including issues over the guardianship of minor children and assets being distributed in a way other than as the deceased would have wished. LAW COMMISSION CONSULTATION The Law Commission for England and Wales published the Consultation Paper, Making a Will, in July 2017 and, following a pause in 2019, the Supplementary Consultation Paper was published on 5 October 2023. The following issues are under consideration: • testamentary capacity; • the formalities for a valid will, including an examination of the issue of a will being made electronically; • the interpretation and rectification of a will; • the possibility of a power to dispense with the formalities otherwise
PRECEDENTS
This document provides general guidance regarding the reasons for and process involved in making a Will. Your Private Client practitioner will be able to provide specific advice based on your circumstances. Many people find it challenging to make a Will or think about making a Will as it can raise some difficult issues and questions. This guide sets out the very real benefits of making a Will and outlines what the process will involve. It is hoped that this information will demystify Wills so as to encourage you to make a professionally drafted Will without further delay, which will mean that you can get on with living your life in the knowledge your affairs are in order. Do I need a Will? In short, yes. Please see below the section setting out the many benefits of making a Will. You may also be asking yourself if your Will needs to be prepared by a solicitor or professional Will writer (with the cost that entails) or whether you can use a more DIY option. Almost without exception, a professionally drafted
PRACTICE NOTES
Any party affected by an alleged infringement of EU competition law can bring a complaint before the European Commission (the Commission) in relation to agreements and/or practices that may amount to an infringement of Articles 101 and/or 102 TFEU. The Commission states in its Notice on the handling of complaints (Complaints Notice) that it 'wishes to encourage citizens and undertakings to address themselves to the public enforcers [of competition law] to inform them about suspected infringements of the competition rules'. For ease of reference, the party bringing the complaint is referred to as the 'complainant' in this Practice Note. The party complained about is referred to as the 'defendant'. Further guidance on the Commission’s handling of complaints can be found in section 5 of the Commission’s notice on best practices for the conduct of proceedings concerning Article 101 and 102 TFEU (Notice on Best Practices). A complainant could potentially submit a complaint to the Commission, or, in a Member State, to a national competition authority (NCA); alternatively,
PRACTICE NOTES
Since the transfer of The Pensions Advisory Service (TPAS)’s dispute resolution service to the Pensions Ombudsman on 19 March 2018, the Pensions ombudsman offers two types of dispute resolution service: • an informal resolution service led by the Pensions Ombudsman’s Resolution Team (for further information on which, see Resolution Team, below), and • its normal adjudication service Unless stated otherwise, this Practice Note focuses on the adjudication service of the Pensions Ombudsman. More specifically, it looks at the process involved before, during and after a complaint to the Pensions Ombudsman under its adjudication service and an investigation by the Pensions Ombudsman. We have reported on key Pensions Ombudsman determinations resulting from the adjudication service. For further information, see: Pensions Ombudsman determination tracker. Legal framework for making complaints to the Pensions Ombudsman As a creature of statute, the office of the Pensions Ombudsman is created and governed by sections 145 to 152 of the Pension Schemes Act 1993 (PSA 1993) (as amended). The relevant
PRECEDENTS
This document provides general guidance about making an application to appoint a deputy, explaining when such an application might be appropriate, who may be appointed and what is involved in the application. Your Private Client lawyer will be able to provide specific advice based on your circumstances. With life expectancy increasing all the time, many people will sadly lose the ability (known as ‘mental capacity’) to make decisions for themselves as they grow older. They may become less able to make decisions such as where they will live or what medical treatment they should receive. They may also become unable to manage their property and financial affairs. Deputyship offers one solution to making decisions on behalf of individuals lacking mental capacity as set out below. What is a deputy? A deputy is an individual appointed by the Court of Protection to make decisions on behalf of an individual who lacks capacity to take the decisions themselves. A deputy may be appointed to make decisions about a person’s property and finances or about a person’s
NEWS
In-house analysis: When you work in-house for a company with global reach and global responsibilities it offers unique opportunities. Ambassadors for Good is a volunteering project that started in 2018 in the UK and South Africa and offers employees of Anglo American and De Beers Group the chance to use their skills to help communities that need them most worldwide. We spoke to three members of the legal team—Cecilia Ferreira, Principal Legal Counsel, Jonathan Hoch, Head of Legal: Commercial, and Andrew Donovan, Head of Legal: De Beers North—about this project, exploring what the project means to them and how legal teams can give back, as well as how it benefited the legal team in terms of building relationships and gaining vital understanding into other teams across the business and with contacts on the ground in other jurisdictions.
PRACTICE NOTES
This Practice Note looks at raising objections to the jurisdiction of an adjudicator, including whether a party needs to make a challenge, how an effective reservation of rights should be made, the scope and consequences of approbation and reprobation (asserting that an adjudicator's decision is valid for certain purposes while also challenging the validity of the decision), and practical considerations for dealing with challenges. The availability of recourse from the court is also discussed, ie an application for a declaration to determine an adjudicator’s jurisdiction or for an injunction restraining the commencement or continuation of an adjudication. For information on the various grounds upon which a jurisdictional challenge might be made, see Practice Note: Grounds for a jurisdictional challenge in an adjudication. Does a challenge have to be made? A decision made by an adjudicator without jurisdiction is a nullity. Strictly speaking, parties do not need to challenge the decision on the grounds that the adjudicator lacked jurisdiction—they can ignore the decision and simply allow the other side to attempt to enforce it (if so advised).
PRACTICE NOTES
When a company or individual is in financial difficulties, a mortgagee will commonly seek to enforce their security by appointing a receiver where they are permitted to do so under the terms of the security document. This Practice Note considers the situation where the mortgagee is late to the table in enforcing security and the company that granted the security is already in administration or liquidation (or where it is an individual that has granted security, the individual is already subject to bankruptcy proceedings) by the time the mortgagee wishes to enforce its security and sell the charged property. Prior to appointing a receiver, you should conduct appropriate insolvency searches to confirm whether the company or individual mortgagor is subject to an insolvency proceeding. For further information, see Practice Notes: Insolvency searches for companies at the Central Registry, What do insolvency searches at Companies House reveal?, What do insolvency searches at The Gazette reveal? and Bankruptcy searches. Company in administration Where a company is in administration