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PRACTICE NOTES
New plan-making system in England under the Levelling-up and Regeneration Act 2023 The Levelling-up and Regeneration Act 2023 (LURA 2023) enacted significant changes in England to the plan-making system in Part 2 of the Planning and Compulsory Purchase Act 2004 (PCPA 2004) from 25 March 2026. Accompanying secondary legislation, also in force from 25 March 2026, imposes detailed procedural requirements. This process is referred to as the ‘Current Plan-Making System’. While the Current Plan-Making System applies from 25 March 2026 in England, transitional provisions apply, so that the process under PCPA 2004, excluding the changes introduced by LURA 2023 (referred to as the ‘Legacy Plan-Making System’), continues to apply: • (1) in Wales, and • (2) to development plan documents being prepared under the legacy system and in England, provided they are/were submitted to the Secretary of State for examination by 31 December 2026. Where this is not possible, the plan will need to proceed under the Current Plan-Making System. Other exceptions apply, see Practice Note: Plan-making in England under the Levelling-up and Regeneration
PRACTICE NOTES
Requirement for application form or online application Every application for a grant of representation, other than a resealing, must be supported by an appropriate statement of truth. Prior to 27 November 2018, it was necessary for an oath (for executors or administrators) to be sworn in the presence of a commissioner for oaths or an independent solicitor holding a practising certificate. It was also necessary for each applicant and the person before whom the oath was sworn to mark the original Will and any codicil. Separate statements of truth replaced oaths from 27 November 2018 when the Non-Contentious Probate (Amendment) Rules 2018, SI 2018/1137 came into force. These were subsequently replaced by postal application forms for practitioners which incorporate an application statement of truth within the form. Postal application forms PA1P (where there is a Will) and PA1A (where there is not a Will) for practitioners were introduced on 23 March 2020 in order to standardise the process and allow for bulk scanning and digital processing of applications.
PRACTICE NOTES
There are two ways in which a practitioner can apply for a grant of probate or letters of administration either as one of or on behalf of the personal representatives (PRs) of a deceased estate: • by post using application form PA1P or PA1A, or • online, via the online portal of HM Courts and Tribunals Service (HMCTS) This Practice Note focuses on the online application process. For information on the postal application process, see Practice Note: Preparing the application form PA1P/PA1A for probate/administration. For broader information on applying for probate or letters of administration, see Practice Note: Application for a grant of representation. Registering to use HMCTS online The first step in making an online probate application is to register your organisation and relevant users with HMCTS online services for legal professionals. MyHMCTS is the online portal for legal professionals and other organisations to issue, pay for and manage applications within civil and family courts and tribunals, including probate and caveat (also known as ‘stop’) applications. Guidance regarding
PRACTICE NOTES
ARCHIVED: This archived Practice Note identifies issues to consider when preparing to interview a witness of fact with a view to preparing a witness statement for use in civil proceedings. It takes into account the requirements for the preparation of trial witness statements in the Business and Property Courts under CPR PD 57AC and, in this connection, it looks at refreshing a witness’ memory by, for example, providing documents ahead of meeting the witness. It also identifies the documents you will need and what you should consider if they might be in the possession of the witness. Finally, practical tips are offered for the statement taker. It is not maintained and is for background information only. This Practice Note should be read in conjunction with Practice Notes: • Witnesses—interviewing and preparing for trial [Archived] which covers, among other things, interviewing another party's witness and a witness' duty of confidentiality before trial • How do I respond to a problematic witnesses? which covers, among other things: witnesses who may be reluctant, forgetful, non-English
PRACTICE NOTES
NOTE: On 1 October 2026, a newly formed Business and Property Division replaces the Chancery Division—see News Analysis: The new Business and Property Division of the High Court. This Practice Note contains references to, and information derived from, the Chancery Guide. It is understood that a Business and Property Division Guide is being drafted and it is assumed this will replace the Chancery Guide. Existing links to the Chancery Guide will remain in content until a replacement is released. This Practice Note deals with the preparation of bundles for trial. For information on preparing: • bundles for an interim application—see Practice Note: Preparing for an application hearing—Application bundles • bundles for an appeal—see Practice Notes: Appeals to the County Court or the High Court—the appeal bundle, Appeals to the Court of Appeal—bundles and Supreme Court—documents for appeal hearing—on or after 2 December 2024 • electronic bundles—see Practice Notes: Electronic bundles in civil proceedings and Preparing electronic PDF bundles Importance and purpose of trial bundles The purpose of a trial bundle is to provide all documents which
PRACTICE NOTES
This Practice Note provides guidance on how to prepare witness evidence for arbitration proceedings. As with documentary evidence, the procedure for presentation of witness evidence in arbitration is determined by the tribunal taking into account: • any procedures specified in the arbitration agreement (though this would be unusual) • any applicable arbitration rules • whether the IBA rules on the Taking of Evidence in International Arbitration (the IBA Rules) have been adopted • any applicable national laws It will also be influenced by the nationality of the parties’ legal representatives and the tribunal. It is the tribunal’s responsibility to decide all procedural and evidential matters (subject to any agreement between the parties) including whether and to what extent there should be oral or written evidence or submissions (Arbitration Act 1996, s 34). Witness statements in arbitration It is usual for the parties to present their witness evidence in the form of witness statements by exchange at a time ordered by the tribunal. Even where the tribunal have not adopted the IBA Rules,
CHECKLISTS
This Checklist makes suggestions as to how to prepare your client for mediation. It is vital that your client is fully prepared for what may happen at the mediation. Often they will take a lead role in the negotiations. Prior to the mediation, you should ensure that you go through the following aspects with them: Issue to consider Details Further guidance Process and stages of the mediation Ensure your client understands the stages in a typical mediation and how it might evolve. It is vital that your client understands the active role that they will play in the mediation and that they will be called on to think about the dispute. They need to understand what is driving them and what they want from the process. They will also (hopefully) ultimately help frame and agree a settlement. Clients may be asked questions they find challenging and find the process extremely involved. It needs to be stressed clearly to the client that a decision in respect of the dispute is not going to be made by a third party
GLOSSARY
A payment or advance by a receivables purchaser on account of the purchase price of an approved debt typically equal to the prepayment percentage of the notified value of the approved debt.
GLOSSARY
A fee payable by the borrower if it prepays a facility during a specified period following drawdown of the facility; mezzanine facility agreements typically contain an obigation to pay a prepayment fee in certain situations.
PRACTICE NOTES
What is prepayment finance? Buyers frequently provide finance facilities to commodity producers by way of paying in advance for goods and commodities. Prepayment finance (a type of commodities finance) is an established structure used to provide finance directly to buyers or traders of goods and commodities and indirectly to producers/exporters of goods and commodities. It involves an advance payment by a buyer (known as the offtaker) to a producer/exporter of goods and commodities which is financed by a separate loan made by a lender (usually a bank or syndicate of banks) to the offtaker. These arrangements are useful to: • the producers because it means that they can access credit which would not be available to them through the banking system, and • the buyers because it allows them to negotiate long term supply contracts with producers in exchange for the provision of finance They are particularly useful where the producer is based in a country which has exchange control regulations or a taxation regime which prohibits or penalises direct lending to producers by overseas financial institutions. Such regimes
GLOSSARY
The percentage of the notified value of each approved debt to which the receivables purchaser may be willing to make prepayments.
GLOSSARY
Prepayment premiums or prepayment fees are amounts payable by the borrower if it prepays the facilities (or part of the facilities) within a certain amount of time from first utilisation. See also soft call and hard call.