This Practice Note discusses the personal nature of an agency relationship and the circumstances in which the agent may delegate its authority to a third party or sub-agent. The general rule, arising from the personal nature of an agency, is that an agent may not entrust to another the exercise of a power or duty. However, delegation is allowed with the principal's consent or where empowered by statute. It may be implied, among other cases: • where no personal skill or confidence is required of the agent, and its duties can be sufficiently discharged by any person • under custom or trade usage • where the principal is, or can be presumed to be, aware that the agent intends to delegate and does not object • where the nature of the agency requires partial or total delegation (eg involves acts the agent cannot physically perform itself) There is generally no privity of contract between a principal and a sub-agent. The sub-agent is liable only to the agent, who: • is liable for the sub-agent's acts and defaults • must

Suspensive conditions in missives are a vital tool in Scottish property transactions, allowing parties to conclude a binding contract while deferring certain obligations until specified conditions are met. Properly drafted, they provide clarity, mitigate risk, and protect both buyers and sellers by ensuring key matters—such as planning permissions, financing, or due diligence—are resolved before completion. This Practice Note outlines the legal framework, practical considerations, and best practices for drafting and negotiating suspensive conditions in missives. Transactional context Historically, Scottish property lawyers have prided themselves on the swift conclusion of missives for the sale and purchase of heritable property. Due in part to the increased length and detailed provision in offers for both domestic and commercial property, the period of time taken to achieve conclusion of missives has increased proportionately. The additional time to obtain offers of loan from lenders has also affected the residential market and slowed down the conclusion of missives considerably. Missives for the purchase and sale of heritable property usually cover more than strictly

This Practice Note focuses on the disclosure requirements applicable on and from 6 April 2014 to occupational and personal pension schemes under the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013, SI 2013/2734 (the 2013 Disclosure Regulations). For information on the disclosure requirements applicable outside of the 2013 Disclosure Regulations, see Practice Note: Event-specific disclosure requirements for occupational and personal pension schemes. For information on the disclosure requirements that were applicable before 6 April 2014 to occupational and personal pension schemes, see Practice Notes: Occupational pension schemes—disclosure requirements before 6 April 2014 (ARCHIVED) and Personal pension schemes—disclosure requirements before 6 April 2014 [Archived]. In this Practice Note, any reference to 'trustees' includes, in the context of a contract-based scheme, the managers of the scheme. Introduction of new disclosure regime from 6 April 2014 The 2013 Disclosure Regulations came into force on 6 April 2014 and consolidate the disclosure requirements previously contained in: • the Occupational Pension Schemes (Disclosure of Information) Regulations 1996, SI 1996/1655—repealed, and • the Personal Pension

When considering an outsourcing of information technology services, companies will often want to obtain key information from potential suppliers prior to issuing a formal tender. This is typically done through issuing a Request for Information (RFI) to a number of suppliers. The RFI may be used because the company needs to refine its understanding of the overall solution it is looking to obtain, or possibly use it as part of a ‘market warming’ exercise to gauge supplier interest in the contract. Most likely, however, an RFI will be used primarily to pre-qualify certain suppliers to whom the company can then send a more detailed Request for Proposal (RFP) or Invitation to Tender. The RFI should be prepared in order to elicit a certain amount of standard information about the supplier, such as its corporate structure and global reach, as well as information setting out the experience and typical service offering of the supplier. Indicative pricing information may also be obtained. However, the level of detail of the RFI will be largely

Commercial letters of credit (also known as traditional letters of credit or L/Cs) are used as a method of payment in the context of international and domestic trade. For information on commercial letters of credit in general, see Practice Note: Characteristics of commercial letters of credit. The simplest form of a commercial letter of credit is an undertaking by a bank (known as the issuing bank) to pay the beneficiary of the letter of credit (usually the seller of goods) a specific sum within a specified time limit against the presentation of specific documents (eg the shipping documents of the goods being sold to the buyer) in accordance with the terms of the letter of credit. Different variations of commercial letters of credit exist. Each type has advantages and disadvantages. For a seller who requests payment under a sales contract by way of letter of credit, irrevocable confirmed letters of credit which provide for payment at sight are the most advantageous. The Uniform Customs and Practice for Documentary Credits (the UCP) is incorporated

How to use this Checklist The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) (EU GDPR) distinguishes between controllers (who determine the purposes and means of processing personal data) and processors (who process personal data on behalf of the controller). For further information, see Practice Note: Key definitions under EU data protection law. Where data is processed by a processor on behalf of a controller, Article 28(3) of Regulation (EU) 2016/679, EU GDPR sets out an extensive list of mandatory provisions which must be included in a contract between them. These requirements (which the parties are free to supplement and include in any order) are detailed in the below Checklist. The third column can be used to record observations or comments as the Checklist is worked through. The

The following Property Disputes resources, providing useful practical commentary, legislation, rules and guidance for Property Disputes lawyers, whether in private practice or in-house, are available in Lexis+® UK. They are referenced and linked to in the Property Disputes content in Lexis+® UK. Please note, however, the titles listed can only be accessed with the relevant Lexis+® UK subscription(s). General Title Summary Who should use this resource? Halsbury's Laws of England volumes relevant for Property Disputes lawyers:• Halsbury's Laws of England, Bankruptcy and Individual Insolvency (Volume 5 (2020))• Halsbury's Laws of England, Boundaries (Volume 4 (2026))• Halsbury's Laws of England, Civil procedure (Volumes 11–12 (2020))• Halsbury's Laws of England, Contract (Volume 22 (2025))• Halsbury's Laws of England, Conveyancing (Volume 23 (2023))• Halsbury's Laws of England, Court and Tribunals (Volume 24A (2025))• Halsbury's Laws of England, Damages (Volume 29 (2024))• Halsbury's Laws of England, Estoppel (Volume 29 (2021))• Halsbury's Laws of England, Housing (Volume 56 (2022))• Halsbury's Laws of England, Landlord and Tenant (Volume 62–64 (2022))• Halsbury's Laws of England, Limitation periods (Volume 68 (2021))• Halsbury's Laws of England, Mortgage (Volume 77 (2021))•

This set of notes and specimen documents forms an automatic enrolment (AE) pack intended to enable employers, including small and micro-employers, to deal with the requirement to enrol employees into an AE scheme. It consists of the following: (A) Notes about AE (i) the statutory obligation (ii) financial thresholds and limits (iii) the statutory and other key terms (B) Documents (i) letters (ii) notices (iii) the employment contract—sample pension clauses The providers of AE schemes normally supply all necessary letters and notices, but not necessarily all that are needed in all applicable circumstances and usually none that are needed if the employer complies with the AE obligation by the use of a qualifying pension scheme that is not an automatic enrolment pension scheme. (A) Notes about AE 1 The statutory obligation The main provisions of the law are in Part 1 of the Pensions Act 2008 (PenA 2008) and the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010, SI 2010/772, both as subsequently amended. AE was introduced in stages starting with the largest employers on 1 October 2012 and was extended to all

Name of firm [Insert firm name] Name of role holder [Insert name] Reports to [Senior partner OR Board OR Management committee] Role type (full-time/part-time/contractor) [Insert] If a contractor role, length of contract [Insert] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert type of work model] Date role commenced [Insert date] Length of probation period [Insert] End of probation review date [Insert date] Role summary The Chief Executive is the senior executive manager on the [Board OR Management committee] with responsibility for effective governance, developing strategy and vision for the firm and delivering the strategy as agreed. The Chief Executive is expected to: • ensure excellence in legal services and client care, risk management and regulatory compliance • lead the senior professional managers and other team members to ensure effective day-to-day operations and the implementation of change programmes • effect a coherent support strategy for senior colleagues, including the provision of coaching and mentoring, to enable them to deliver the plans approved by the

This Practice Note examines the concept of ‘reasonableness’ in the context of specific types of employment post-termination restrictions (restrictive covenants), eg area restrictions and non-compete clauses, non-solicitation, non-dealing and no-poaching (no-employment) clauses. As a post-termination restriction constitutes a restraint of trade by agreement, it will, even if it is properly incorporated into an employment contract (see Practice Note: Incorporation of post-termination restrictions, be contrary to public policy, and therefore unlawful, unless: • the person or entity seeking to enforce the restraint has a legitimate business interest to protect, and • the restraint is reasonable as between the parties and is in the public interest For further guidance on restraint of trade in the employment context generally, see Practice Note: Restraint of trade in employment. For further guidance on legitimate business interest, see Practice Note: Legitimate business interest. Reasonable as between the parties For a restraint to be reasonable in the interests of the parties it must afford no more than adequate protection to the party in whose favour it is imposed. Reasonableness as between the parties does not

ARCHIVED: This archived case tracker contains a selection of significant employment judgments handed down in 2024. Information relating to ongoing cases of significance can be found in Practice Note: Case tracker—Employment. Links to Employment news analysis reports are included where they are available. Cases are listed by topic. The LexisNexis® Employment team is always pleased to receive details of other cases that may be of interest to subscribers. Please use the ‘Feedback' option above and the LexisAsk function (see LexisAsk button below) to send us details. Case Name Case citation Topic Main issue Case history Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) & Others [2024] UKSC 28, [2024] IRLR 998, [2025] ICR 107 Employment contract Whether Tesco could terminate the employment contracts of employees, for the purpose of depriving them or ‘retained pay’, a financial contractual entitlement which was agreed to be permanent, and offer to re-engage them on new contracts which did not include retained pay. Together with the union, USDAW, several employees successfully applied to the High Court for

It is often said that arbitration is a more effective and efficient method for resolving a dispute than litigation. But, is this actually the case? This Practice Note considers the pros and cons of selecting arbitration as an alternative to litigation for the resolution of construction disputes. In particular, it seeks to dispel the myths surrounding arbitration and examines the real benefits it provides in practice. It is important to note that selecting arbitration as the means of dispute resolution does not affect the existing statutory right in the UK to refer construction disputes to adjudication. If a contract contains an arbitration agreement and a dispute is referred to adjudication, then the right to submit the dispute to final determination (thereby superseding the adjudication award) remains, but this will be by way of arbitration rather than litigation. Time and cost Arbitration is commonly perceived as being quicker and cheaper than litigation. However, arbitrations may in certain cases actually be more protracted and more expensive than litigation. There are numerous reasons for this,