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GLOSSARY
An order for periodical payments that includes provision for a form of capital deposit or other asset to be provided by way of security under the order.
GLOSSARY
These are schemes which, since A-day, are referred to as employer-financed retirement benefit schemes.
PRACTICE NOTES
These precedent climate clauses provide drafting resources aimed to help local planning authorities gain confidence in requiring carbon neutral development as standard in their areas through policy, planning conditions and obligations. These sustainability
PRACTICE NOTES
This Practice Note is intended for law firms regulated by the SRA. All firms regulated by the SRA must have professional indemnity insurance (PII) cover in order to practise. The PII must be obtained from a qualifying insurer. This Practice Note, produced in conjunction with Miller insurance, provides guidance on the steps you should take to secure cover for a new legal practice. If you are setting up as an SRA-regulated legal practice for the first time, there are an entire set of regulatory requirements that you must satisfy, including obtaining PII from an authorised insurer. For more detailed information about PII insurance requirements for SRA-regulated law firms, see Practice Note: Professional indemnity insurance—law firms. It can be easy to underestimate the importance of this process. Your PII is typically one of your single largest business costs. Mismanage it and it can have major implications for your business’s success and long-term viability. It could even prevent your fledgling business from getting up and running. Application timetable The SRA will generally take
PRACTICE NOTES
This Practice Note considers the practical challenges of global supply chains and the commercial lawyer’s role in securing a resilient supply chain for a business. It considers supply chain risk and the tools which lawyers have at their disposal to manage those risks (including assessing and managing supply chain partner risk, controlling risk through supply chain contracts and additional methods for managing supply chain risk). Managing risk in supply chains requires an understanding of both the operational realities and legal obligations that apply wherever a company’s direct and indirect suppliers operate. The increasingly global nature of manufacturing supply chains makes managing risk more difficult and the consequences of supply chain failures more significant. This is further aggravated by uncertain geopolitical and financial landscapes across various jurisdictions which disrupt harmonious conditions between markets, as evidenced in 2025 with the introduction of tariffs on certain global markets by the US. Thus, supply chain
CHECKLISTS
This Checklist sets out the key risks and matters to consider in relation to actions that can be taken to secure a resilient supply chain, including in relation to supply chain demand, supply chain communication, supply chain mapping, requirements of suppliers, supplier contingency arrangements, agreements with suppliers, supplier distress and insolvency, fraud, and de-risking. This Checklist accompanies Practice Note: Securing a resilient supply chain. Demand In relation to demand, have you: Matters to consider Yes No Assessed the potential implications of a significant supply chain event (eg from geopolitical events, pandemic, product shortages, etc) on your customer/end user? Considered the impact of a significant supply chain event (eg from geopolitical events, pandemic, product shortages, etc) on your distribution network and adapted that as required? Assessed the potential for solutions to be delivered through investment in technology (eg AI, digital twins, crisis and scenario modelling, etc) to deal with significant fluctuations
PRACTICE NOTES
Types of Liabilities The two types of community care liabilities a local authority (LA) is likely to have to recover are: • residential care • domiciliary care Residential care Residential care is provided when a person in need of care cannot receive it at their home for whatever reason and needs to go into a care home. This type of care can be for a short period known as respite care, for a medium term known as a temporary stay, or where the stay is intended at the outset to be longer than 12 months, a permanent stay. People are free to make their own care arrangements but where a person avails themselves of care and support provided by the LA, the LA is entitled to charge for it. A stay in residential care almost always incurs a monthly charge and if unpaid, any sum due may be recovered like any other debt. Arrears normally accrue for one of two main reasons: • most
PRACTICE NOTES
Personal representatives (PRs) have extensive powers to administer a deceased individual’s estate. This Practice Note suggests practical steps PRs may take in relation to their duty to collect in and secure the assets in a deceased individual’s estate and other steps to be taken to avoid loss to the estate. Securing the assets The PRs' overriding duty in undertaking the administration of an estate is: • to collect and get in the assets of the estate, and • to ensure the assets are safeguarded The PRs should, as soon as possible, locate and retain for safekeeping: • any original deeds, the deceased’s Will and any other testamentary documents • the deceased’s documents supporting the existence of assets and liabilities, eg account books, life policies, share certificates, cheque books and credit cards, records of digital assets and crypto-assets • all loose cash, including foreign currency The PRs should also obtain from HM Land Registry official copies of the title register for any land or property owned by the deceased at the date of their
PRACTICE NOTES
This Practice Note explains who will own IP created during the course of employment. It then summarises the law and practice for businesses in relation to securing IP rights from employees and contractors. It also provides practical tips on the main IP and related provisions found in employment contracts and contractor agreements. Valuable IP rights will be created on a day-to-day basis for businesses by their employees, consultants and contractors as part of their assigned roles. For example: • employees and consultants engaged in research and development may create inventions, which can then be patented • employees and consultants may also create new formulae, recipes or algorithms, or design novel methods or processes to make operations more efficient. Provided these are kept confidential, important rights can exist in the form of know-how or trade secrets • employees or consultants in creative roles will often design artistic or literary materials, or make recordings, which are automatically protected by copyright • software developers will create software code and related documentation and materials, which are also
PRACTICE NOTES
Foreign direct investment (FDI) continues to play an increasingly important role in the global economy. For transnational corporations, or indeed any business seeking to establish operations in an overseas jurisdiction, a crucial factor to consider will be the legal stability of that jurisdiction. Prudent investors will want to ensure that their investment is secure and protected from unwanted interference in the host country. Political and economic circumstances can give rise to state measures which can result, either directly or indirectly, in an investment being impaired and in the most serious circumstances, nationalisation of certain industries or sectors could even see an investor’s assets expropriated (see, for example, Practice Note: Expropriation—investment treaty arbitration). In such circumstances, investors may have certain rights and remedies available to them under the various contractual arrangements pursuant to which they made their investment. Typically, however, these contacts may stipulate that claims can only be brought before the national courts of the host state, or may limit the remedies available. Therefore, recognising the potential limitations of contractual rights, prudent investors
NEWS
Family analysis: In a case involving surrogacy and an international family, the court considered that while it may not always be easy to deviate from a conventional parental order, the facts of this case powerfully supported the making of a step-parent adoption order as it would best serve the child’s sense of identity in the future. Shaili Gohil-Desai, solicitor at Burgess Mee Family Law, examines the issues.
PRACTICE NOTES
The problem: a local authority cannot contract with itself It is not infrequently the case that a local authority brings forward development of its own land. Policy L1 of the National Planning Policy Framework (NPPF) requires Mayors and local planning authorities (LPAs) to take a proactive role in identifying and helping to bring forward land suitable for meeting development needs, including land held in public ownership. In determining development proposals, policy L2 requires substantial weight to be given to the benefits of making better use of vacant and underutilised land and buildings. In these cases, the LPA will be determining the local authority’s own planning application. It will often be the case that planning obligations under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) will be needed to secure required scheme mitigation before planning permission can be granted. Despite the fact that the LPA as planning decision-maker and the local authority as landowner perform separate functions, they are part of the same entity, and