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PRACTICE NOTES
Once the finance documents have been signed and the conditions precedent have been satisfied (or waived in writing), there are a few final tasks that need to be undertaken before completion can take place. For an example of a letter waiving conditions precedent under a bilateral facility agreement, see Precedent: Waiver letter: for a bilateral facility agreement—waiving conditions precedent. Pre-completion searches conducted by the lender's lawyers The lender's lawyers will conduct due diligence on the borrower(s), any guarantors and any third party security providers (the obligors) at the start of the transaction.
NEWS
Law360, Expert analysis: With just under two months to go until 16 April 2026, the implementation deadline for Directive (EU) 2024/927 (Alternative Investment Fund Managers Directive (AIFMD 2)), alternative investment funds managers should be in the final stages of operationalising implementation plans to ensure that their governance, policies, procedures and controls, as well as applicable fund documents, including precontractual and periodic disclosures, are compliant with the new requirements. Karen Butler, Josh Dambacher and Christopher Hilditch, partners at McDermott Will & Schulte have contributed towards this analysis.
PRACTICE NOTES
Before opening a new file, various client preliminary checks must be carried out where a probate practitioner is instructed by personal representatives (PRs) to deal with the administration of the deceased’s estate (see Practice Note: Preliminary checks on prospective new clients). This Practice Note covers the next steps for the practitioner to take when preparing for the first client meeting. For more comprehensive information, see Client and matter inception—overview and related guidance within the LexisNexis® Practice Compliance module. The Solicitors Regulation Authority The Solicitors Regulation Authority (SRA) Code of Conduct (the Code) current version came into effect from 6 April 2023, as part of the SRA Standards and Regulations which replace the former SRA Handbook. The SRA Standards and Regulations set out the standards and requirements expected by the regulated community, for the benefit of the clients they serve and in the public interest. There are seven mandatory Principles which define the fundamental ethical and professional standards expected of all firms. They are to act: • in a way that upholds the constitutional
PRACTICE NOTES
ARCHIVED: This content was published in 2013 and is not maintained. This Market Standards Trend Report considers the issues to be considered at the 2013 annual
PRACTICE NOTES
ARCHIVED: This content was published in 2015 and is not maintained. STOP PRESS: A significant restructuring of the UK listing regime came into effect on 29 July 2024 which included the removal of the premium and standard listing segments and the creation of a single listing
CHECKLISTS
STOP PRESS : Subscription contracts—draft Regulations and guidance published. The draft Consumer Subscription Contracts (Cancellation and Information) Regulations 2026 were laid before Parliament on 19 October 2026. Draft guidance on the subscription contracts rules has also been published. The draft Regulations supplement the subscription contracts provisions in Part 4, Chapter 2 of the Digital Markets, Competition and Consumers Act 2024, including rules on cancellation rights, refunds and notices. Subject to parliamentary approval, the new regime is due to come into force on 1 January 2027 and apply to subscription contracts entered into on or after that date. See: BIST publishes draft subscription contracts guidance, LNB News 21/10/2026 20 for further information. This Checklist will be updated in due course to reflect the changes. How to use this checklist This Checklist is intended as a guide for practitioners and traders preparing for the entry into force of the new subscription contract regime, as set out in the Part 4, Chapter 2 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024)
PRACTICE NOTES
One of the key dates in your organisation’s calendar is the date of the annual audit. An important part of the auditors’ role is to ensure that your organisation’s processes are fit for purpose. Central to that is your organisation’s approach to legal matters and legal risk. As an in-house lawyer, you need to prepare for the auditors’ visit because inevitably they will want to meet with you. While each audit firm has its own standard set of questions for in-house lawyers, the questions tend to follow certain themes, eg: • your risk register • litigation • applicable law and regulation • contracts • intellectual property (IP) • legal work process • your knowledge and experience Since joining your organisation, you have hopefully had the opportunity to meet with the key directors and heads of function. Those meetings will have given you the opportunity to find out more about many of the issues the auditors will be interested in. See Practice Note: Taking up a new role in-house—new role to you and to the organisation—Your
PRACTICE NOTES
This Practice Note is part of the Lexis+® UK Corporate private equity buyout transaction toolkit. Both the private equity investor and seller will need to make preparations for the conduct of due diligence, so as to ensure that the process runs smoothly and does not unnecessarily hinder the progress of the transaction. Private equity investor: due diligence preparations Type and extent of due diligence The private equity investor must first decide which types of due diligence it wants to conduct (legal, commercial, financial, tax or other specialist due diligence such as actuarial). This will depend on the nature of the business and the circumstances of the transaction (including the outline deal terms set out in the heads of terms). The scope of due diligence might be narrowed, for instance, by time constraints (especially in a competitive bidding process) or by the fact that the investor is able to avert transactional risk because it will seek to put warranty and indemnity insurance in place (see Practice Notes: Warranty and indemnity (W&I)
PRACTICE NOTES
This Practice Note is part of the Share purchase transaction collection. Both the buyer and seller will need to make preparations for the conduct of due diligence, to ensure that the process runs smoothly and does not unnecessarily hinder the progress of the transaction. Buyer: due diligence preparations Type and extent of due diligence The buyer must first decide which types of due diligence it wants to conduct (legal, commercial, financial, tax or other specialist due diligence such as actuarial). This will depend on the nature of the business and the circumstances of the transaction (including the outline deal terms set out in the heads of terms). The scope of due diligence might be narrowed, for instance, by time constraints (especially in a competitive bidding process) or by the fact that the buyer is able to avert transactional risk because it will seek to put warranty and indemnity insurance in place (see Practice Note: Warranty and indemnity insurance in M&A transactions) or because it has been agreed that the seller will provide
PRACTICE NOTES
This Practice Note provides an insight into the preparation that is required for trial, with reference to the documents that are likely to be required to be prepared for trial. It considers the preparation of chronologies, case summaries, issues in the case (list of issues), reading lists, list of authorities, trial bundles and skeleton arguments. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance. Preparation is key Preparation Preparation is key to understanding and presenting your case properly. It is impossible to avoid some last-minute changes to your client's or your opponent's cases. However, if all other aspects of the case have been planned and catered for, any disruption can be minimised. If you have prepared well, you may also have more time for any last-minute settlement negotiations. If the parties have attended a pre-trial review (PTR), the court is likely to have dealt with any outstanding
PRECEDENTS
Purpose of performance appraisal and personal development Our appraisal/personal development process is intended to: • achieve a highly focused, productive and motivated workforce by supporting and valuing every individual in the firm • ensure individuals are aware of the firm’s strategic objectives and how they can personally contribute to those objectives being achieved Rating system It is important to understand the rating system that will be used in the appraisal: Rating Definition (1) Exceeded all expectations Consistently exceeds expectations relative to the achievement of objectives, core skills and valuesIs recognised as a role model or go to person and demonstrates the critical success factors that are important to the firm (2) Exceeded some expectations Consistently meets and often exceeds expectations relative to the achievement of objectives, core skills and valuesExceeds certain elements of key objectives, but not others (3) Met all expectations Fully meets or occasionally exceeds the key expectations on objectives, core skills and valuesIs successfully performing in all areas of his/her jobRequires only a moderate amount of supervision and direction, ie what you would expect for this level of position (4) Some, but not all expectations met Meets
PRECEDENTS
Purpose of performance appraisal and personal development Our appraisal/personal development process is intended to: • achieve a highly focused, productive and motivated workforce by supporting and valuing every individual in the firm • ensure individuals are aware of the firm’s strategic objectives and how they can personally contribute to those objectives being achieved Rating system It is important to understand the rating system that will be used in the appraisal: Rating Definition (1) Exceeded all expectations Consistently exceeds expectations relative to the achievement of objectives, core skills and valuesIs recognised as a role model or go to person and demonstrates the critical success factors that are important to the firm (2) Exceeded some expectations Consistently meets and often exceeds expectations relative to the achievement of objectives, core skills and valuesExceeds certain elements of key objectives, but not others (3) Met all expectations Fully meets or occasionally exceeds the key expectations on objectives, core skills and valuesIs successfully performing in all areas of his/her jobRequires only a moderate amount of supervision and direction, ie what you would expect for this level of position (4)