Private Client analysis: This appeal concerned a challenge to the Trinidad and Tobago Revenue Authority Act. The Act transfers to a new Revenue Authority functions which have to date been entrusted to government departments, and provides for these functions to be discharged by people who are not ‘public officers’ in the Public Service. The Constitution of Trinidad and Tobago defines ‘public officers’ as persons working in the service of the government and provides, in Chapter 9, for a Public Service Commission with the sole power of appointment over such officers. The appellant argued that the Act was inconsistent with the Constitution, because the intent of the Constitution was that all persons carrying out core governmental functions were to be ‘public officers’ protected by Chapter 9. The Judicial Committee disagreed. It found no reason to require that core governmental functions must only be performed by ‘public officers’ and declined to define a ‘core’ function. Further, it found that the Act contained adequate and effective safeguards against political interference in the functions of the Authority. Written by Robert Strang and Katharine Bailey, barristers at 3 Hare Court.

Arbitration analysis: In Sian Participation v Halimeda, the Privy Council held that the Salford-approach should be abolished. Even if the underlying debt is subject to an arbitration clause or exclusive jurisdiction clause, the creditor can apply to have the debtor company wound up if the debtor company cannot demonstrate that the debt is disputed on genuine substantial grounds. The existence of the choice of forum clause in the underlying contract does not alter the ordinary threshold test to be applied. While this is an appeal from the BVI, the Board also gave a Willers v Joyce direction holding that the approach in Salford Estates should not be followed by the courts of England and Wales thereby putting an end to the current practice of the Companies Court to stay or dismiss a creditors’ winding up petition on the ground that the petitioner’s debt is covered by an arbitration clause. Written by Ernest Leung, barrister at Wilberforce Chambers.

“prize” in relation to a gaming machine— (a) includes any money, article, right or service won, whether or not described as a prize, but (b) does not include an opportunity to play the machine again.

Prize promotions are a promotional marketing technique used by marketers to make their products and services more attractive to consumers and include prize draws and competitions.

1 The promotion [Insert simple details of the nature of the prize promotion]. 2 How to enter 2.1 You can enter this promotion in any of the following ways: Online Complete the entry form at [URL].[Online entries are charged at £[insert] per entry OR are free of charge]. Post Send your[ entry together with your] name, postal address, email address and telephone number to [address].Postal entries are free of charge except for the costs of postage. Text message Text [WORD] together with [eg competition answer] to [number].[Entries submitted by text are charged at £[insert] per message plus the standard cost that your mobile network charges you for text messages.] Phone Call [number] and follow the instructions.[Calls cost £[insert] per minute plus your phone company’s access charge and will last no longer than [insert] minutes.] 2.2 [You may enter this promotion a maximum of [insert maximum number of permitted entries] times. OR You may only submit one entry to this promotion. OR You may enter this promotion as many times as you wish.] [ Entries over the maximum number of entries will be void.] 2.3 No payment is necessary to enter this promotion [online OR by

1 How to participate 1.1 In order to enter this promotion, go to [[insert URL] and enter the information requested OR write to us at [insert address] (you are responsible for paying sufficient postage on your entry)]. 1.2 All entries must include your name, email address, postal address (including postcode), and telephone number. 1.3 Entries that do not comply with these terms and conditions will be void and will not be entered into this promotion. 1.4 [Insert details of any significant conditions and costs and other major factors likely to influence a consumer’s decision or understanding about the promotion] 1.5 [Insert details of any free-entry route for the promotion] 1.6 [You may enter this promotion a maximum of [insert maximum number of permitted entries] times. OR You may only submit one entry to this promotion. OR You may enter this promotion as many times as you wish.] [ Entries over the maximum number of entries will be void and will not be entered into this promotion.] 2 Start date This promotion will start at [time] on [date]. 3 Closing date The closing date for this promotion will be [date]

This Practice Note examines the law and regulation that applies to operating prize promotions, including prize competitions and free prize draws. The law concerning prize draws and lotteries is not harmonised between the UK and EU and certain promotion mechanics which are commonly used in England and Wales may be unlawful in other European territories (including in Northern Ireland and the Republic of Ireland). This is a particular issue for digital and social media promotions of prize draws as key platforms, such as Facebook, have a global reach. For more information on the rules in other jurisdictions, see: Lexology Panoramic: Advertising and Marketing. For further reading on prize promotions and template terms and conditions, see: • Practice Note: How to run a prize promotion • Precedent: Prize promotion terms and conditions—short form • Precedent: Prize promotion terms and conditions—long form • Precedent: Prize promotions terms and conditions—holiday prize clause • Precedent: Prize promotion terms and conditions—copyright ownership clause • Prize promotions—checklist Types of prize promotion Organisations use prize promotions for general brand awareness, publicising a new product, and recruiting

This Checklist outlines key points to be considered prior to running a prize promotion, prize competition or a prize draw in Great Britain. See also, Practice Note: How to run a prize promotion. The initial consideration when advising on a prize promotion is to ensure that the promotion does not constitute an illegal lottery under the Gambling Act 2005 (GA 2005) and that it complies with the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). These issues are covered in depth in Practice Note: Prize promotions. This Checklist includes an optional section for operators who are a signatory to, or contemplating signature of, the Voluntary Code of Good Practice for Prize Draw Operators (Voluntary Code), released by the government on 21 November 2025 (see: LNB News 20/11/2025 30). Initial signatories are required to implement the Voluntary Code requirements by 20 May 2026 at the latest. Any new signatories joining after the implementation date must be compliant as at the date of signature. For template terms and conditions, see Precedents: • Prize promotion terms and conditions—short

1 General information Period this report is covering [Insert the period of time this report covers] Report prepared by [Insert name of person preparing the report] Date of report [Insert date] 2 Snapshot of pro bono activity in [insert the period of time this report covers] v [insert previous period] Measure Pro bono activity in [insert the period of time this report covers] Pro bono activity in [insert previous period] Number of pro bono cases or projects supported [Insert the number of cases, clinics or projects supported on a pro bono basis in the current period] [Insert the number of cases, clinics or projects supported on a pro bono basis in the previous period] Total amount of time spent on pro bono activity [Insert total amount of time spent on pro bono activity in the current period] [Insert

This Practice Note was produced in association with The Access to Justice Foundation. This Practice Note explains what is meant by pro bono costs and what legislation and CPR provisions covers pro bono costs. It then sets out points to consider when dealing with pro bono costs throughout proceedings and, specifically, when dealing with costs assessment and costs orders. It also provides examples of contacts who can provide support and assistance with pro bono costs. What are pro bono costs? The term pro bono costs is used where a party is represented for free in relation to proceedings. Pro bono costs are treated as ordinary legal costs. They reflect the financial value of the free legal help provided, the amount is based on what a paying client would recover. The costs cover any period when free representation was provided and even if only one of the lawyers acted for free (ie normal costs can also be sought for the fee-paid work). Accordingly, the County Court, High Court and Court of Appeal (Civil Division) can broadly award pro

Every pro bono opportunity should be assessed using the criteria in this form to get a clear understanding of whether it is the right type of project, case or initiative for our organisation. 1 Opportunity details Summarise the pro bono opportunity [Insert brief details, eg To form an ongoing partnership with the local legal advice centre and provide volunteer lawyers to help run a legal advice clinic.] How did this opportunity arise? [Insert details, eg One of our trainee lawyers used to volunteer at this advice centre and has been approached by their contact to see if the organisation would be interested in providing it with ongoing support.] Does this opportunity tie into the organisation’s values and ethics? ☐ Yes☐ No Will this opportunity help the organisation achieve any of its strategic goals? ☐ Yes—state which goal(s) ☐ No Is the client an existing

1 Pro bono vision 1.1 We acknowledge that we have a responsibility to our clients, staff, suppliers and other stakeholders as well as to the wider community within which we operate. We aim, through our practices and policies, to ensure a high standard of governance and client care, and to create a positive working environment that allows our staff to develop and to provide active support for our local community. 1.2 We recognise the difficulties some members of our society experience in accessing the justice system to resolve their legal problems. As lawyers we are in a unique position to help them. We view it as part of our support for our community to provide pro bono services to those in need. 1.3 We will strive to offer [insert the amount of support the organisation will aim to provide for pro bono work, eg a defined number of hours per lawyer, monetary value of otherwise chargeable time or a percentage of billings per year] to provide pro bono support services to individuals and community groups who find it difficult to