Lexcel is the Law Society’s legal practice quality mark for client care, compliance and practice management. Accreditation is voluntary, although there is some overlap between the requirements of Lexcel and other Law Society accreditation schemes, including the Conveyancing Quality Scheme (CQS). Practices holding, or seeking to hold, a legal aid contract with the Legal Aid Agency must hold either Lexcel accreditation or the Specialist Quality Mark (SQM). This Practice Note identifies specific Precedents you could use or adapt to comply with the requirements of Lexcel v6.1. 1. Structure and strategy For detailed requirements, see: Lexcel practice management standard version 6.1. Structure and strategic plans See Precedents: • Strategic business plan—consumer or Strategic business plan—commercial • Governance arrangements—law firms—which is intended to dovetail with a governance structure chart, of which there are five different versions depending on your firm’s business model: ◦ Solo governance and supervision structure chart ◦ Sole practitioner governance and supervision structure chart ◦ Non-departmentalised partnership governance and supervision structure chart ◦ Departmentalised partnership governance and supervision structure chart ◦ Corporate

This Practice Note provides an introductory guide to arbitration, arbitration lawyers and the work they undertake, as well as key topics and concepts relevant to such lawyers. It is aimed at trainee-level and newly-qualified lawyers, as well as others who are new to arbitration as a practice area or method of dispute resolution. This Practice Note also provides links to relevant LexisNexis® sources and materials. What is arbitration? Put simply, arbitration is a method of dispute resolution. Arbitration takes various forms and is practised across a wide range of sectors and industries, which give rise to many different types of disputes. While different forms or types of arbitration typically have key features in common, they can also be quite different from each other. In practice, the term ‘arbitration’ typically refers to a private form of final and binding dispute resolution presided over by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, in most cases, founded on party agreement or mutual consent (the arbitration agreement), frequently a clause in a standard form or other contract, and

without prejudice and subject to contract Your proposed [Compensation OR Termination] payment may be subject to tax deductions. This document sets out how the Employer has determined the tax and National Insurance contributions (NICs) treatment that it will apply to the proposed [Compensation OR Termination] Payment and other proposed payments in the draft Settlement Agreement. Defined terms have the same meaning here as they do in the draft Settlement Agreement. The final assessment of tax and NICs due will be determined by HMRC. Accordingly, the Employer makes no representation and gives no warranty in relation to any of the matters set out in this document. Errors and omissions are also excepted. You should take your own independent advice on your tax position. A concept of ‘post-employment notice pay’ (PENP) is incorporated in the legislative provisions that determine how termination payments are taxed and affects the beneficial tax treatment that is potentially available to termination payments (the ‘£30,000 exemption’, as it is commonly known). The PENP rules require a calculation to be carried out

Buying the business and/or assets of a company from an insolvency practitioner (insolvent sale) in a company liquidation or administration is quite different from buying the business and/or assets of a company which is solvent. While this note generally refers to a purchase of a ‘business and/or assets’ from an insolvency practitioner, many points also apply to the purchase of shares from an insolvency practitioner. Headline points to note which differentiate an insolvent sale from a solvent sale are that: • the insolvency practitioner’s solicitors produce the first draft of the sale agreement, rather than the buyer • it is very unlikely that any representations or warranties are given, and any which are given would be very limited • the statutory terms and conditions for the protection of a buyer implied by the Unfair Contract Terms Act 1977 will be explicitly excluded • usually no title guarantee is given • the buyer usually takes the assets (or shares) subject to any defect in title or encumbrances that may exist • the buyer often

NOTE—to see whether notification thresholds in CEMAC and throughout the world are met, see further: Where to Notify. Introduction Competition in CEMAC is regulated in terms of Regulation N. 06/19-UEAC-639-CM-33 of 7 April 2019 (Regulation), Regulation No. 000350 dated 25 September 2020, Regulation 00087 dated 16 March 2022, and Regulation No. 000140 dated 16 March 2023, amending Regulation No.000350 (Second Amendment Procedural Regulations). Mergers which are notifiable must first be approved by the CEMAC Commission (Commission) before it may be implemented. CEMAC regulates mergers of legal entities which are based in the CEMAC region. The Regulation, Art 58 provides that a merger (a concentration) will take place when: • two or more companies which were previously independent merge, • one or more companies acquire directly or indirectly, whether by equity participation, contract or any other means, control of the whole or part of one or more other companies, or • a joint venture is set up to perform on a lasting basis all the functions of an autonomous economic entity The merger review process focuses on mergers

Types of revocation There are two areas in which an action involving revocation may occur: • where there is a challenge, on an application to prove a Will in solemn form, that the Will was revoked • on a claim for the revocation of a grant In respect of a challenge that a Will was revoked, there may be consequential actions: • a claim for breach of contract not to revoke a Will • a claim on the basis of proprietary estoppel • a claim to enforce an agreement to make mutual Wills In order to deal with a challenge that a Will was revoked, it is necessary to examine the rules relating to Will revocation. Will revocation A Will can only be revoked: • by operation of law • by an instrument in writing, or • by physical destruction Operation of law Essentially, this occurs in the context of marriage and its dissolution. Marriage For Wills made on or after 1 January 1983 the relevant provisions state that: • the testator's marriage (including voidable but not void)

The enforceability of liquidated damages clauses A liquidated damages clause is a clause that provides for a set sum to be paid to the innocent party when the other contracting party has breached the contract. Whether such a clause is enforceable will depend on whether the courts construe it as a liquidated damages clause (enforceable) or a penalty (unenforceable). The test for what constitutes a liquidated damages clause is currently set out in the Supreme Court decision of ParkingEye v Beavis; Cavendish v El Makdessi. If this sum is a genuine pre-estimate of the loss that is likely to flow from the breach, it will represent agreed damages, called liquidated damages, and will be recoverable without the need to prove the actual loss suffered. However, in light of the Supreme Court's decision in ParkingEye, the fact that the clause does not represent a genuine pre-estimate of loss is not necessarily fatal to it being enforceable. Rather, the court will consider the factors as to legitimate interest and

Limitation or exclusion of liability for defective products in any contract term, notice or other provision is prohibited. Defences to a claim under the Consumer Protection Act 1987 (CPA 1987) fall into four main categories: • the injured person has been unable to discharge the burden of proof • the defendant is able to establish one of the statutory defences in CPA 1987, s 4 • the claimant is debarred from proceeding by one or more of the CPA 1987’s time limits • the defences of contributory negligence or volenti non fit injuria (the willing acceptance of risk) apply While liability imposed by CPA 1987 is strict, it is not absolute. There is scope for avoiding liability if producers can successfully raise one or more of the statutory defences. Statutory defences Compliance with UK or assimilated EU law This statutory defence will succeed if the defendant can demonstrate that the defect is due to compliance with any requirement imposed by UK or EU law. From IP completion

ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: On 5 September 2023, CIETAC introduced new revisions (Revisions) to its current 2015 arbitration rules, in response to the growing needs for flexibility and efficiency in the digital age and evolving practice in international arbitration following a revision plan initiated in April 2021. The Revisions across over 30 articles include digital case management, multi-tiered arbitration agreements, jurisdiction, multi-contract arbitrations, arbitral procedures and other challenging issues. The Revisions will become effective from 1 January 2024, and apply to all CIETAC arbitrations commenced as of that date. CIETAC’s current arbitration rules took effect from 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it currently reflects CIETAC's structure and role as set out in the CIETAC Rules 2015. This Practice Note covers arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). For guidance on arbitration under the CIETAC Rules 2012, see: CIETAC

[ON YOUR LETTERHEAD] WITHOUT PREJUDICE SAVE AS TO COSTS [SUBJECT TO CONTRACT] [Insert date] [Insert name and address of other party’s solicitor] Dear [insert contact name] [Insert subject of letter] We refer to our open letter of [today’s date OR [insert date]]. 1 As set out in that letter, both we and our client are confident that our client will be wholly successful in its claim[s] against your client, in respect of the agreement between our clients dated [insert date] (the ‘Agreement’) as set out in its claim [insert claim action number] and will [insert details of the remedy sought, eg, recover payment of the unpaid invoices plus interest, due to pursuant to the agreement between our respective clients, as set out in our open letter]. [We are also of the view that your client’s counterclaim dated [insert date of defence and counterclaim] (the ‘Counterclaim’) is wholly without merit and would be dismissed at trial. ]Nonetheless, our client is mindful of the obligations on parties to try to resolve their disputes and that the court has the discretion to penalise a party on costs for

This Precedent is a set of board minutes that may be used following the passing at a general meeting of an ordinary resolution of the company to remove a director from office. A private company limited by shares may by ordinary resolution remove a director from office at any time except for a director for life), despite anything to the contrary in any contract between the directors and the company, pursuant to section 146 of the Companies Act 2014 (Ireland) (CA 2014 (IRL)). The resolution cannot be passed by way of written resolution (to the extent the company is a private limited company); it must be passed at a general meeting of the company. The resolution must be included in the notice of the company’s general meeting or AGM (as appropriate). The proposed resolution is not effective unless notice of the intention to move the resolution has been given to the company at least 28 days before the meeting at which it is moved (except where the directors of

This Practice Note considers starting a claim in the Technology and Construction Court (TCC). In particular it examines the guidelines given in the case of West Country Renovations v McDowell (which is reflected in the Technology and Construction Court Guide, para 1.3.2) regarding when a TCC action should be commenced in the High Court in London as compared with the High Court outside London or the County Court. This Practice Note should be read in conjunction with Practice Note: Where to start a civil claim, which sets out general guidance on where civil claims should be commenced. What types of claims are suitable for the TCC? The sort of claims that are dealt with in the TCC are set out in the TCC Court Guide (TCC Guide), para 1.3.1. The TCC Guide expressly includes, within building or other construction disputes, claims to enforce adjudicators’ decisions and applications or claims under the Building Safety Act 2022. It also refers to public procurement claims, principally those under the Public Contract Regulations 2015, to the extent still applicable,