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PRACTICE NOTES
FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions will require secondary legislation from Scottish Ministers to be brought into force whereas the provisions relating to succession law came into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation. CORONAVIRUS (COVID-19): Some of the formal requirements for a valid Will in Scotland have been relaxed since the coronavirus pandemic. See News Analysis: Signing Wills in Scotland in times of social distancing. Making a Will When a person dies, it must be established whether they made a valid Will. If not, the deceased's estate will be administered in accordance with the law of intestacy
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. This Practice Note considers the expedited procedure included in the International Chamber of Commerce (ICC) Rules of Arbitration in force from 1 March 2017 (2017 ICC Rules). The introduction of an expedited procedure was the most significant change introduced by the 2017 ICC Rules and brought the ICC’s Rules in line with other arbitral institutions, such as the Singapore International Arbitration Centre and Arbitration Institute of the Stockholm Chamber of Commerce, which provide mechanisms for fast-track resolution of disputes. Under the ICC expedited procedure, proceedings may be concluded within six months. The 2017 ICC Rules also contain amended ICC costs provisions effective from 1 January 2017. For detailed guidance on costs in ICC proceedings, see Practice Note: ICC (2017)—fees, advances and costs [Archived]. Any references to the ICC Rules in this Practice Note relate to the ICC Rules
PRACTICE NOTES
This Practice Note provides corporate crime practitioners with practical guidance and useful information on attending remote hearings in the criminal courts. It provides practical advice on advance preparations, technical matters and attending the remote hearing itself using live link platforms. This Practice Note should be read in conjunction with Practical tips for remote attendance at criminal hearings—checklist. The criminal courts in England and Wales have the power to allow a person to attend a hearing in the criminal courts remotely via live audio link or live video link. For information on when remote attendance may be granted and the procedure for the making, variation and revocation of live link directions, see Practice Note: Remote hearings in the criminal courts. Note that from 1 October 2026, the Lady Chief Justice's Live Links in Criminal Courts Guidance 2026 (Live Links Guidance) establishes a presumptive framework for remote attendance in the magistrates’ courts and the Crown Court. For more information, see Practice Note: Guidance for live links in the criminal courts. Attending
NEWS
Practice Compliance analysis: The Solicitors Regulation Authority (SRA) published its Risk Outlook for 2021/2022 on 23 November 2021. In this latest Risk Outlook, subtitled ‘What is the new normal? Challenges and opportunities for law firms after the lockdowns’, the SRA has looked at what the new normal means for the shape of the legal market as it emerges from the coronavirus (COVID-19) pandemic.
PRACTICE NOTES
Coronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated in June 2021) was created to adapt clinical negligence claims handling and litigation processes during the coronavirus (COVID-19) situation. The protocol covered limitation and extensions of time, communication, service, medical examinations, exchange of evidence, interim payments, settlement meetings and mediations, BACS payments, costs budgeting and hearings (including adjournments). This Protocol was superseded with effect from 27 August 2024 by the Clinical Negligence Claims Agreement 2024 which builds on the previous Protocol with various practices now adopted into everyday claims management. The new Agreement is not contractually binding but places an emphasis on collaborative working between the parties. The limitation period Section 11 of the Limitation Act 1980 (LA 1980) provides that the limitation period in personal injury and clinical negligence cases is three years from the date the cause of action accrued, or the date of knowledge (for the purposes of LA 1980, s 14) of the injured person, if later. If the claimant is a minor, the three-year
CHECKLISTS
This Checklist has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For links to guidance on the 2021 ICC Rules (in force 1 January 2021) and the 2012 ICC Rules, see: ICC arbitration—overview. Pre-arbitration Day 0 Day 30 Day 60 If commencing arbitration, the claimant should consider:• the arbitration agreement• any limitation issues• alternative dispute resolution (ADR) provisions A party requiring urgent relief may commence emergency arbitrator proceedings (ICC, App V, art 29), see Practice Note: ICC (2017)—emergency arbitrator proceedings [Archived]A copy of the ICC Arbitration Rules 2017 are available here The claimant’s Request for Arbitration (the Request) will be received by the International Chamber of Commerce (ICC) Secretariat (with filing fee) (ICC, art 4(3))—see Practice Note: ICC (2017)—fees, advances and costs [Archived] The respondent will file the Answer to the Request and any counterclaims within 30 days of notice of Request from
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. Parties using arbitration may designate an arbitral institution, such as the International Chamber of Commerce (ICC), to administer the arbitration according to its rules, or proceed ad hoc outside an institutional framework. In ad hoc proceedings, the parties may agree that the ICC act as appointing authority which may include appointing any arbitrator in default of agreement by the parties. It should also be noted that parties may opt for an appointing authority even where the arbitration is proceeding under separate institutional rules. The ICC has specific rules (in force from 1 January 2018) regarding its role as an appointing authority in United Nations Commission on International Trade Law (UNCITRAL) and other arbitration proceedings, including other institutional proceedings (2018 ICC Appointing Authority Rules). Where the ICC is to act as appointing authority in these circumstances,
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. This Practice Note considers fees, advances and costs under the 2017 International Chamber of Commerce (ICC) Rules of Arbitration (2017 ICC Rules). It also refers to the guidance in the ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (ICC Note). References in this Practice Note to articles of and appendices to the ICC Arbitration Rules are to the 2017 ICC Rules unless otherwise indicated. The 2017 ICC Rules apply to any ICC arbitrations commenced on or after 1 March 2017, unless the parties have agreed to submit to the rules in force on the date of their arbitration agreement. The 2017 ICC Rules include amended costs provisions effective from 1 January 2017, irrespective of the version of the ICC Rules that apply. The 2017 ICC Rules
PRACTICE NOTES
The tables below comprise an archive of news analysis on Scotland and Scots law developments published within various practice areas. For specific content relating to coronavirus (COVID-19), see the Coronavirus (COVID-19)—Scotland tracker [Archived]. News analysis 2026 col style="width: 33%;"> Date News analysis Brief description of news analysis 14 October 2026 MoD granted permission to appeal reservist pension ruling in Court of Session Law360: Scotland’s highest civil court will hear the Ministry of Defence’s (MoD) appeal against a ruling concerning the pension treatment of part-time army reservists compared with full-time personnel, in a case that could affect more than 1,000 stayed claims. 23 September 2026 DNO raises the price for Capricorn to make Egypt its third core area Market Standards analysis: On 1 September 2026, DNO ASA (DNO) announced a recommended cash and special dividend offer for the acquisition of Capricorn Energy plc (Capricorn). The offer valued Capricorn at approximately £292 million, representing a 45% premium. The acquisition will be implemented by way of a Scottish Court-sanctioned scheme of arrangement. A Scottish scheme is the usual court-led route for a Scottish
NEWS
This edition of Employment weekly highlights includes: (1) a report from the High Pay Centre analysing the pay of FTSE 100 executives in 2023, (2) an EAT judgment upholding an employment tribunal’s rejection of dismissal claims despite a previous tribunal finding that there had been failures to make reasonable adjustments in an earlier period, (3) the Equality and Human Rights Commission (EHRC) report to the UN Committee on the Elimination of all forms of Racial Discrimination, (4) the US Department of Justice’s Criminal Division Corporate Whistleblower Awards Pilot Program, (5) an award of £115,000 to a Personal Assistant who was asked to unnecessarily go against coronavirus (COVID-19) restrictions by working from her employers’ homes, (6) an EAT decision about the irrelevance of an employee’s failure to appeal the outcome of their grievance when deciding whether or not the employer was in repudiatory breach of contract, (7) analysis of an EAT judgment on the need for an adjournment when there were real concerns about the capacity of a witness to give evidence, (8) publication by the European Commission of FAQs about the Corporate Sustainability Reporting Directive, (9) details of a review to be carried out by the Migration Advisory Committee on information technology and telecommunications professionals and engineering professions, (10) a new precedent policy on tips, gratuities and service charges, (11) the IRLR Highlights for September 2024, (12) dates for your diary, (13) updates to our legislation tracker and horizon scanner, and (14) new Q&As.
PRACTICE NOTES
Coronavirus (COVID-19): The COVID-19 Clinical Negligence Protocol (2020) (last updated in June 2021) was created to adapt clinical negligence claims handling and litigation processes during the coronavirus (COVID-19) situation. The protocol covered limitation and extensions of time, communication, service, medical examinations, exchange of evidence, interim payments, settlement meetings and mediations, BACS payments, costs budgeting and hearings (including adjournments). This Protocol was superseded in August 2024 by the Clinical Negligence Claims Agreement 2024 which builds on the previous Protocol with various practices now adopted into everyday claims management. The new Agreement is not contractually binding but places an emphasis on collaborative working between the parties. Limitation generally Section 2 of the Limitation Act 1980 (LA 1980) provides a general rule that an action founded on tort shall not be brought after expiry of six years from the date on which the cause of action accrued. A special rule, however, applies, under LA 1980, s 11, in respect of claims seeking damages for personal injury (which includes clinical negligence cases). Under section 11, that
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. Appointing the tribunal is an important step in any arbitration. Having the right tribunal is key to ensuring the arbitration runs efficiently and that a just result is reached. The method of appointment of the arbitral tribunal will depend on several factors, most importantly any provision made by the parties in their arbitration agreement or in some other written document, see Practice Note: Choosing your arbitral tribunal. This Practice Note considers matters relating to the appointment of a tribunal or sole arbitrator under the 2017 Rules of Arbitration of the International Chamber of Commerce (ICC) (2017 ICC Rules). The 2017 ICC Rules apply to any ICC arbitration commenced between 1 March 2017 and 31 December 2020 (unless the parties expressly agree that an earlier version of the ICC Rules will apply, which is unlikely). It also refers