This Flowchart sets out the stages of a disciplinary procedure to deal with an issue of employee misconduct, from investigating the allegation(s), to conducting a disciplinary hearing and deciding on appropriate disciplinary action, and managing an appeal process. Click below to view or print the full-size PDF version: Note 1—dealing with an allegation of misconduct When considering whether the issue is one involving potential misconduct, it may be necessary also to review the employee’s contract, the employer’s staff handbook and any other policies or procedures that may be relevant in addition to the disciplinary/dismissal procedure, eg equality/equal opportunities policy or expenses policy. It is also worth remembering that a situation that might, at first glance, appear to be a case of misconduct, could turn out to be a performance or capability problem. See Practice Note: Managing conduct—Dealing with conduct issues. Where a conduct issue arises, the first stage in managing that issue is to investigate the problem, promptly and without unreasonable delay, to establish the facts of the case. Note 2—using mediation In suitable

This Practice Note considers the validity of arbitration agreements with a particular focus on the law of England and Wales (English and England are used as shorthand throughout), although some comparative examples from other jurisdictions are included. The Practice Note should be read in conjunction with Practice Notes: Arbitration agreements—definition, purpose and interpretation, Arbitration agreements—the in writing requirement and Arbitration agreements—content. Requirements of an arbitration agreement Under English law, an arbitration agreement must (among other requirements) be in writing and sufficiently certain so as to be enforceable—see the Practice Notes above. The Arbitration Act 2025 inserts AA 1996, s 6A (law applicable to the arbitration agreement). If the parties want the arbitration agreement to be governed by a law other than the law of the seat, they must make an express choice; a governing law clause for the main contract does not, by itself, amount to an express choice of law for the arbitration agreement. However, it is very easy for a seemingly simple clause to miss important details or a complex clause to become inconsistent

1 Introduction 1.1 This maternity policy sets out the rights and responsibilities of employees who are pregnant or have recently given birth. 1.2 This policy [has been agreed in consultation with [the trade union OR staff association OR employees] and] applies to all employees. [The health and safety aspects of this policy also apply to certain qualifying agency workers, as set out in paragraph 4. No other aspects of this policy apply to agency workers. Such workers may, however, have a right to maternity leave and pay etc from their agency and should contact them for further information.] This policy does not apply to consultants or self-employed contractors. 1.3 This policy is for guidance only and does not form part of your contract of employment. The Company may alter the terms of this policy from time to time and details of any alterations or additions will be notified to you. [This policy covers the rights employees are given by law but is intended to be a summary only and not a complete statement of your rights.] Please contact [the HR department] if

This Precedent sets out precedent execution clauses for the types of entities most commonly encountered in property transactions. It includes provisions for both contracts and deeds. Most entities will have a choice of methods of execution. Consequently, it is important to check with your client as to their preferred/required method. Where appropriate, the example execution clauses specified are those prescribed by the Land Registration Rules 2003, SI 2003/1417, or recommended by HM Land Registry (HMLR) in the relevant HMLR Practice Guide. For deeds which are to be submitted to HMLR, the form of execution should always be checked against current HMLR requirements. For further guidance, see Practice Note: Property deeds—use and execution of deeds in property transactions—HM Land Registry requirements. Note that a contract for the sale, or other disposition, of an interest in land is void unless it complies with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). This means that it must: • be in writing; • contain or incorporate all of the terms expressly agreed by the parties; and

This case tracker displays the current status of, and most recent developments in, key cases relevant to corporate practitioners where the judgment was handed down, or is expected to be handed down, in 2019. It covers key cases before the High Court, Court of Appeal, the Supreme Court and the Court of Justice of the European Union. It is not intended to be an exhaustive list of cases heard in 2019. This case tracker is split into two parts: • ongoing cases, ie those that are subject to appeal, and • recent cases, ordered with the most recent first Ongoing cases Case Citation Next court Subject Status and background Further information United Company Rusal plc (a company incorporated in Jersey) v Crispian Investment Ltd (a company incorporated in Cyprus) and another [2018] EWHC 2415 (Comm) Court of Appeal Contract—shareholder’s agreement Permission to appeal to the Court of Appeal granted on 20 February 2019. Hearing expected by 18 November 2019.The first defendant shareholder gave notice to two other shareholders in a company (those shareholders being the

This Checklist sets out the position under the Pre-Action Protocol for Professional Negligence claims (the 'Protocol') currently in force. For general guidance on the Protocol, see Practice Note: Professional negligence claims—the pre-action protocol. This Checklist should be read in conjunction with Practice Note: Professional negligence claims—pre-action protocol—claimant issues. For further detail on how to pursue a professional negligence claim (including with reference to a worked hypothetical set of pleadings), see Practice Notes: • Starting a professional negligence claim—a practical guide • Pleading professional negligence claims—worked hypothetical examples together with a template Precedent: Particulars of claim—professional negligence claim. Client’s initial instructions of potential professional negligence claim Limitation See Practice Note: Limitation—professional negligence claims. Is there a limitation issue pending? If so: • consider issuing protective proceedings, and/or • negotiating a standstill agreement See Practice Note: Professional negligence claims—the pre-action protocol—Limitation and the professional negligence PAP. Initial investigations As with any claim, there are various preliminary investigations that should be carried out, including: • background • basis of claim (in contract, tort etc) • any obvious difficulties with causation • preliminary

When a crisis hits, you will be under pressure—pressure to act, pressure to respond, pressure from those to whom you answer internally and potentially from external stakeholders as well. You may be out of your comfort zone and unsure of your reporting obligations, what to divulge, to whom and when and the order in which to do things. Your first instinct may be to try and react immediately in response to the agendas of others or, conversely, to clam up and adopt a legal position. This Practice Note discusses what you should look out for and how can you prepare for your likely involvement in any crisis management effort in terms of effective communication. What is a crisis? Unforeseen and unwelcome events can impact on an organisation at any time. In some cases, you may have some warning (eg an industrial dispute or a failure in your supply chain), but not always. Natural disasters, pandemics, accidents, stakeholder activism, crime, the loss of a key partner or contract and economic pressures are just some of the things that could

This Practice Note sets out the general limitation periods for the key claims relevant to a dispute resolution practitioner, including references to the appropriate sections in the Limitation Act 1980. It additionally addresses the limitation position when seeking an equitable remedy, in particular for claims concerning breaches of fiduciary duty, and considers briefly the limitation issues relevant to restitution, contribution and insolvency claims. For further information on certain types of claims, see Practice Notes: • Limitation—contract claims • Limitation—tort claims • Limitation—professional negligence claims • Limitation—constructive trust claims • Limitation periods in construction contracts • Defamation—limitation • Quick guide to common time limits for property disputes lawyers • Limitation periods in pension claims • Limitation in insurance and reinsurance claims • Limitation periods applicable to insolvency claims • Trust disputes—defences to breach of trust—Limitation • Time limits under the Limitation Act 1980—personal injury claims • Judicial review—time limits and the pre-action protocol • Limitation periods in arbitration (England & Wales) The principal limitation periods The following table includes the principal types

TO BE PRINTED ON THE HEADED PAPER OF THE BORROWER’S SOLICITORS To: [insert details of the lender’s solicitors] (the Lender’s Solicitors), and [insert details of the lender] (the Lender) Dear [insert organisation name] Completion undertaking This undertaking relates to the purchase of [insert property description] (the Property) by [insert borrower’s name] (the Borrower) pursuant to a sale contracted dated [insert date] made between [insert seller’s name] (the Seller) and the Borrower (the Sale Contract) and the grant of a first legal charge over the Property in favour of the Lender pursuant to a facility agreement dated [insert date] made between [insert details] (the Facility Agreement). In this letter references to ‘completion’ mean completion of the transfer of the Property to the Borrower (the Transfer) and not to the registration of the Transfer at HM Land Registry. We act for the Borrower. 1 We enclose: 1.1 the legal charge in the form prescribed by the Facility Agreement duly executed by the Borrower (the Legal Charge). We irrevocably authorise the Lender’s Solicitors to complete the Legal Charge on completion; 1.2 an official search certificate issued

This Practice Note has been produced in partnership with Liam Boyle, Of Counsel, Eversheds Sutherland LLP. Removal from office Resolution to remove a director by ordinary resolution A director may, notwithstanding anything in a company’s constitution or contained in any agreement between the director and the company, be removed from office by ordinary resolution of the members before their period of office expires. The right of members to remove a director is governed by the Companies Act 2014 (Ireland), s 146(1) (CA 2014 (IRL)). It cannot be contracted out of, therefore overruling anything in a shareholders’ agreement or director’s contract of service, however, CA 2014 (IRL), s 147 expressly provides that removal of a director by ordinary resolution will not affect the director’s right to compensation or impact damages payable to them. It is important to note that this right does not apply to directors holding office for life (in accordance with the company’s constitution). In practice this type of directorship is very unusual. For a sample ordinary resolution to remove a director from office,

What is acceleration? Acceleration in construction law is generally understood to mean taking measures to speed up the works in order to complete them earlier than would otherwise be the case. However, there is no legal definition of acceleration. In Ascon v Alfred McAlpine, the court observed: ‘“Acceleration” tends to be bandied about as if it were a term of art with a precise technical meaning, but I have found nothing to persuade me that that is the case. The root concept behind the metaphor is no doubt that of increasing speed and therefore, in the context of a construction contract, of finishing earlier. On that basis “accelerative measures” are steps taken, it is assumed at an increased expense, with a view to achieving that end.’ The Society of Construction Law Delay and Disruption Protocol (SCL Protocol) describes acceleration as: ‘The application of additional resources or alternative construction sequences or methodologies seeking to achieve the planned scope of work in a shorter time than planned or execution of additional scope of work within the original planned

This Practice Note looks at the change protocol (also known as the change mechanism) typically found in the Project Agreement relating to a PFI or PF2 (sometimes referred to as PFII) project. It considers the purpose of the change protocol, different types of changes, the change process, the consequences of changes and also the procurement law implications. In the 2018 Budget (delivered on 29 October 2018), it was announced that the government will no longer use PF2 on new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). However, the government has stated that it will continue to support private investment in infrastructure and some of the existing drafting may be relevant in such cases. In addition, existing PFI and PF2 projects will continue to run, and given the typical lifespan of such projects this is likely to be for many years. What is the change protocol? The long duration of PFI and PF2 contracts meant that it was very important to future-proof them at the point of entering into the contract. Technological