Rights of way strategy formulation In 1987, the (then) Countryside Commission published its national target for rights of way. The aim of the national target was that all rights of way should be legally defined, properly maintained and well publicised by the year 2000. While the national target was widely endorsed, it soon became clear that there was a need for a government-sponsored strategic framework to be put in place, preferably linked to funding mechanisms. In recognition of this, the Countryside Commission launched the milestones approach and required authorities to adopt this if they wished to access their grant-aid funding schemes. The milestones approach required authorities to produce a strategy document, a milestones statement, which set out a series of milestones for achieving each of the national target areas of legally defined, properly maintained, and well publicised. This strategic approach linked to funding opportunities resulted in a significant increase in resources for rights of way management focusing upon ensuring that the existing rights of way network was open, available and

As part of the Mansion House measures, the government has launched a consultation aimed at reviewing and reforming the Financial Ombudsman Service (FOS) framework to ensure that dispute resolution for financial services remains swift, impartial, and effective. This review is driven by evolving market conditions, digitalisation, and industry as well as consumer feedback, which have exposed inconsistencies in the current system. The main concerns relate to (i) the unpredictability of the FOS’s redress outcomes and (ii) the lack of alignment between the FOS and the FCA.

Environment analysis: The Independent Water Commission, led by Sir John Cunliffe, has undertaken a comprehensive review of the water sector. In July 2025, it published its final report setting out the Commission’s conclusions and recommendations. These are organised around seven themes which are strategic direction, planning, legislative framework, regulator reform, regulation reform, company structure and ownership, and infrastructure and asset health. The report ends by considering implementation of the Commissions’ recommendations, which the IWC acknowledges will be a challenging and lengthy process. Written by Dr Michael James Bowes, barrister at 6 Pump Court Chambers.

An independent panel hearing appeals against the decision of a governing body not to reinstate a permanently-excluded pupil.

This Practice Note expands upon the introduction provided in the Practice Note Introduction to premises licences by covering reviews of a premises licence. It covers who can initiate the review, how it should be conducted and how a decision can be appealed against. It also covers the processes for revoking, varying and transferring a licence together with the circumstances in which a licence lapses, and appeals against a licensing authority decision. Review of a premises licence A licence can be reviewed at any time following an application made by a responsible authority or interested party. An application must be made on the prescribed form but no fee is payable. On receipt of a review application, the licensing authority may reject the application, in whole or in part, on one or more of the following grounds: • the application does not raise an issue relevant to: ◦ accordance with a relevant Code of Practice issued by the Gambling Commission (GC)

Property Disputes analysis: Daniel Dovar, barrister at Tanfield Chambers who represented the respondents in Point West GR Ltd v Bassi and others, looks at two areas of significance—reviewing decisions of the First-tier Tribunal (FTT) and time limits for service charges—arising in this case.

This Checklist is to be used when reviewing a confidentiality agreement (also known as a non-disclosure agreement or NDA) where you are the party receiving confidential information under that agreement. Consider the following questions before reviewing the agreement: • what information does the business need to receive and why? • will the business also be disclosing information to the other party? • what information is the party receiving and who needs to be able to access and use that information? For further information, see Precedent: Confidentiality agreement—one-way—pro-recipient. Checklist The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) ☐ Confirm the parties to the agreement. Consider which people and/or entities will be party to the agreement. □ Confirm how confidential information will be defined. Consider:—is a general definition or list form appropriate?—will any confidential information be disclosed to group companies?—will authorised representatives of the contracting parties be disclosing or receiving information?—what type of information will be excluded from

This Checklist sets out the key issues to consider when reviewing a collateral warranty on behalf of a funder. The term ‘funder’ is used throughout to refer to any lender/party that is providing finance in connection with a project. • Finance documents The warranty must always be checked against any express requirements in the finance documents regarding collateral warranties, as these may specifically prohibit the inclusion of some types of clauses, eg caps on liability, and may include minimum levels of insurance to be maintained by the warrantors. See: Facility agreements—construction provisions for more on the matters contained in finance agreements • Parties ◦ At the outset, the funder should carry out due diligence on the party providing the warranty. The warrantor must be an entity of substance that is likely to be able to answer any claim in future, eg an SPV may not be acceptable ◦ The details of the parties named in the warranty must mirror those in the underlying funding documents and construction contracts ◦ Ensure that the funder’s successors

Withholding tax is a key concern relating to loans. The aim is to ensure that no withholding tax is due in respect of any interest payments, thereby avoiding the administrative hassle and cost of withholding tax. For more detail, see Practice Note: Tax considerations on a loan agreement—the tax gross up clause—a borrower problem. Loan agreements are normally drafted on a lender-friendly basis. This is particularly true in the context of syndicated loans. They are designed to be easily transferable between lenders and they tend to follow or be based on one of the model loan facility agreements of the Loan Market Association (LMA). For detail on why loan agreements contain gross-up clauses, see Practice Note: Tax considerations on a loan agreement—the tax gross up clause—Why have a tax gross-up? The table below: • lists issues to consider when reviewing a loan agreement on behalf of a UK corporate borrower in order to help alleviate the risk that interest under the loan may suffer withholding tax and therefore that a borrower

If a dispute arises or is deemed to have arisen between a building owner and an adjoining owner in respect of any matter connected with any works to which the Party Wall etc Act 1996 (PWA 1996) relates, either: • both parties are to concur in the appointment of a single independent surveyor, or • each party is to appoint their own surveyor, to make a party wall award. Where there are two surveyors, they must appoint a third to resolve disputes between them. Any two of these surveyors (or the third surveyor acting alone) may make an award. See Practice Note: Party Wall works—notices, disputes and awards. What is a party wall award? A party wall award is a document that determines the right to execute works and the terms on which the building owner can do so, and sets

On an acquisition finance transaction, the purchaser and the seller will negotiate the acquisition documents between themselves with lawyers for the lenders being given an opportunity to review them. The interests of the lenders and the interests of the purchaser will often coincide so if the purchaser's negotiating position is strong, this will benefit the lenders as well. This note provides an overview of points of interest for lawyers for the lenders in specific acquisition documents. In more general terms, however, they will want to ensure that: • the companies and/or assets being acquired accord with what the lenders are expecting in terms of identity and value • the acquisition documents contain sufficient contractual protections to protect the target group against unforeseen financial burdens, and • the acquisition documents deal with any key issues arising from the disclosure letter and due diligence process For an introductory guide to acquisition and leveraged finance, see Practice Note: Introductory guide to acquisition finance. For a glossary of commonly used terms, see our Glossary of acquisition finance terms

Who was the report commissioned for? Your client may not be entitled to rely on the report if it was not commissioned for them. Where the report was prepared for another person, check the terms and conditions of the report or the consultant's appointment to see whether there is an express term: • allowing third parties to rely on the report, or • requiring a collateral warranty or reliance letter to be issued in a pre-agreed form Where there is no express term or pre-agreed collateral warranty, consider seeking: • a bespoke collateral warranty to extend reliance to your client • an assignment of the report to your client • a reliance letter for your client • to have the report readdressed to your client, subject to clear terms and conditions • to rely on the Contracts (Rights of Third Parties) Act 1999, unless its application was excluded in the terms and conditions It is also important to establish who the report was commissioned for as this may determine the level of detail contained in the