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NEWS
The UK Parliament’s Modernisation Committee has launched a call for views on what it should prioritise for action as the Committee develops its work programme. The Committee is seeking views from groups and individuals both inside and outside of the House of Commons on areas such as driving up standards, improving culture and work practices and reforming Parliamentary procedures to make the Commons more effective. The deadline for submissions is 16 December 2024.
NEWS
The House of Commons Modernisation Committee has launched an inquiry examining accessibility and comprehension of parliamentary procedures. The inquiry seeks views on short-term adjustments to the physical estate, support for MPs with disabilities, and simplification of parliamentary language. The committee, established in summer 2024, will hold a public evidence session with MPs with disabilities on 1 April 2025. Stakeholders can submit evidence until 9 May 2025. The inquiry excludes consideration of the ongoing Restoration and Renewal programme.
NEWS
Ireland-Dispute Resolution analysis: This article, written by Michael Twomey, Partner and Richard Willis, partner of Arthur Cox LLP, notes that 2025 has marked a pivotal year for the modernisation of litigation in Ireland. It highlights several digitalisation initiatives launched by the Courts Service of Ireland, representing a significant milestone in the Courts Service’s ongoing programme of reform.
NEWS
Corporate Crime analysis: On 15 June 2023, the UK government announced its proposed reforms to the so-called identification doctrine, in attempt to overhaul corporate criminal liability in the UK. Blake Woodfield, director, Elliott Kenton and Farheen Ishtiaq-Stansfeld, senior associates in Fieldfisher's Commercial Crime team and Stuart Biggs, barrister from Cloth Fair Chambers consider the key aspects of the biggest reform in this area in over 50 years.
NEWS
Law360, Expert Analysis: The Accelerated Settlement Taskforce is currently examining a potential migration by the UK from a so-called T+2 to a T+1 settlement standard, ie, reducing the time it takes for securities transactions to settle, having published their initial views in March 2024. Against this context, and in anticipation of a further report by the taskforce confirming implementation details to be delivered by the end of 2024, Andrew Tsang, associate, and Tom Bacon, partner, at Bryan Cave Leighton Paisner LLP consider the rationale of adopting a new settlement standard plus any challenges, as well as the potential role of distributed ledger technology.
NEWS
Private Client analysis: On 16 May 2025, the Law Commission published its final report, Modernising Wills Law. Written by Matthew Duncan, partner and head of Private Wealth at Druces LLP.
NEWS
Planning analysis: On 28 May 2025, the Ministry of Housing, Communities and Local Government (MHCLG) launched a technical consultation on proposed reforms to planning committees in England, closing on 23 July 2025. These reforms are part of the Planning and Infrastructure Bill's implementation and aim to modernise planning decision-making processes. The proposed reforms seek to enhance the efficiency, consistency, and quality of planning decisions in England. By standardising delegation, optimising committee structures, mandating training, and refining performance metrics, the government aims to create a more responsive planning system that supports sustainable development and economic growth.
PRECEDENTS
ARCHIVED: This Precedent has been archived and is not maintained. Modification Order Wildlife and Countryside Act 1981 [Title of (Definitive Map) and Statement] [Title of Order] This Order is made by [name of surveying authority] under section [53(2)(a) OR 53(2)(b) OR 55(4) OR 55(5)] of the Wildlife and Countryside Act 1981 (‘the Act’) because it appears to the authority that
PRACTICE NOTES
What is a restrictive covenant? A restrictive covenant is a contractual obligation that is attached to land, regulating what the owner can do with that land. See Practice Note: Restrictive covenants—nature and characteristics. The covenantee or beneficiary is the party who owns the benefiting land and enjoys the benefit of the restriction. The beneficiary is often the party objecting to the release or modification (although not always—see below). The covenantor or burdened owner is the party who owns the burdened land and suffers the burden of the restriction. The burdened owner is often the party seeking the release or modification (although not always—see below). The terms ‘beneficiary’ and ‘burdened owner’ are used in this Practice Note, rather than covenantor and covenantee, to reflect the fact that the land may have changed hands since the restriction was created. How to discharge or modify a restrictive covenant There are two main methods available to discharge or modify a restrictive covenant which are dealt with in detail below: • express release (the non-statutory route) • application to the
PRACTICE NOTES
See Practice Note: Modification and release of restrictive covenants—the non-statutory route in relation to the non-statutory route. Application to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal) A person with an interest in freehold and certain leasehold land can apply to the Lands Chamber of the Upper Tribunal (previously the Lands Tribunal) (the UT) for a restrictive covenant to be discharged or modified. Leasehold land must be let for a term of more than forty years of which twenty-five or more have expired (mining leases are excluded). Aside from this, there are no other special considerations that the UT should take into account in exercising its discretion, and the test is no more stringent, in respect of a leasehold, as opposed to a freehold, interest. There is no saving provision if a covenant affects leasehold land for a term of more than 40 years, but 25 years have not yet expired due to an implied surrender and re-grant—no application can be made to modify or discharge the covenant. An
PRACTICE NOTES
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route. Express release A restrictive covenant may be varied or released expressly by the beneficiary. The difficulty is identifying with certainty the extent of the land benefiting to ensure that all beneficiaries join in to give effect to the variation or release. If the registrar is not satisfied that all beneficiaries are parties to the deed, he will only enter notice that the covenant is expressed to be released or modified by the deed. The wording of the restrictive covenant itself is crucial in establishing whom to approach. The original beneficiary may find that his drafting does
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and 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: Contract modification—PA 2023. Modification of public contracts This Practice Note provides guidance on the modification and termination of public contracts and framework agreements caught by the Public