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PRACTICE NOTES
This Practice Note deals with what form a claim to the employment tribunal (ET) should take, and the process for presenting (ie lodging or submitting) a claim. Claimants must present their claim form (known as an ET1) to the employment tribunal in accordance with any relevant practice direction. For information on: • the requirements of the practice directions that apply in respect of claims presented until midnight on 20 May 2025, see: Method of presenting claims on or before 20 May 2025, below) • the requirements of the practice directions that apply in respect of claims presented from 00:00:01 on 21 May 2025, see: Method of presenting claims on or after 21 May 2025, below) Method of presenting claims on or before 20 May 2025 For claims presented until midnight on 20 May 2025, the relevant practice directions are: • the Practice Direction issued by the President of Employment Tribunals (England and Wales), concerning the submission of claims in England and Wales in March 2020—see: Employment Tribunals (England & Wales) Presidential Practice Direction—Presentation
PRACTICE NOTES
This Practice Note covers how to lodge an appeal, the form and contents of a Notice of Appeal, the grounds of appeal and the documents that must be served with it, as well as any accompanying applications. It also covers the online system of electronic filing, the E-Filing service via a secure portal (CE-File). The Employment Appeal Tribunal (EAT) Practice Direction 2024 (EAT PD 2024) came into force on 1 February 2025 replacing the 2023 Practice Direction. It provides that if a person is thinking about submitting an appeal to the EAT they must read and carefully consider sections 1 to 3 of the EAT PD 2024 before doing so. Practitioners must ensure that their clients read and carefully consider those sections before submitting an appeal. Sections 1 to 3 set out: • what the EAT is and what it does • how parties should approach an appeal and deal with the EAT and other parties • factors to take into account when deciding whether to appeal an employment tribunal decision, and • details of how to submit
CHECKLISTS
ARCHIVED: This Checklist has been archived and is no longer maintained. From 18 September 2023, the National Crime Agency (NCA) rolled out a new SAR online portal which replaced the SAR online portal explained in this Checklist. For information on the current SAR reporting portal, see Practice Note: How to submit a SAR using the NCA SAR Portal. SAR Online is the NCA’s secure web-based system by which people can submit suspicious activity reports (SARs) to the NCA and it is the NCA’s preferred means of receiving SARs. This Checklist summarised key guidance on using the system and proves a quick reference tool for submitting SARs using the now replaced SAR Online portal. For further information, see Practice Note: Authorised disclosure, protected disclosure and appropriate consent—Suspicious Activity Reports (SARs). SAR Online—key guidance The NCA’s UK Financial Intelligence Unit (UKFIU) has issued user guidance for SAR Online, see: SAR Online User Guidance. For further information for reporters of SARs, see: UKFIU SARs Reporter Booklet. The guidance should be read in conjunction with another document
PRECEDENTS
There are nine key sections to complete when submitting a Suspicious Activity Report (SAR) via the National Crime Agency (NCA) SAR Portal. This information gathering sheet is designed to help you collate the information needed for each section. There is also a section at the end to record information and steps taken post-submission. This information gathering sheet should be completed by the person making the external SAR. General details Internal SAR reference number [Insert internal SAR reference number] Client name [Insert client name] Date [Insert date] Client/matter reference number [Insert client/matter reference number] Internal SAR submitted by [Insert name of person who submitted the internal SAR] Person dealing with internal SAR [Insert name of person dealing with internal SAR] Date Internal suspicious activity report investigation record—completed [Insert date] Person submitting external SAR via SAR Portal [Insert name of person submitting the external SAR] 1 Section 1—background information What level of access do you want assigned to the SAR? ☐ Public☐ Private (if private, no individual in your organisation can view or edit the report) What reference are you allocating for personal use?This reference is for
PRECEDENTS
This document provides general guidance regarding the filing at court of a financial consent order and statement of information in Form D81. Your family lawyer will be able to provide specific advice based on your circumstances. Which documents are submitted to the court? The financial agreement reached between you and your [spouse OR civil partner] will only become binding once it has been approved as a court order and sealed by the court. It is only by obtaining a sealed court order that the financial claims that you each have against the other by virtue of your marriage or civil partnership can be dismissed, either immediately or at a specified date in the future, depending on the terms of the agreement reached. The following are submitted to the court online: • a consent order signed by both parties • a statement of information for a consent order in relation to a financial remedy (Form D81) • a court fee If for any reason the consent order cannot be submitted online, I will let you know if I need any additional documents to be completed. What
CHECKLISTS
Has the correct application form been used? If the application is not submitted in the correct form or is not accompanied by the required information, it will be invalid and the local planning authority (LPA) can refuse to validate it. The determination period does not begin until the date that the application is validated. The application must be made using either: • an online application via the Planning Portal (recommended) • the national standard application form (1APP), completed and submitted online or as a PDF, or • a paper/PDF form downloaded from the Planning Portal ‘Paper Form Chooser’ (or, where provided, from the relevant LPA’s website) and submitted by post or email. Many LPAs discourage
PRACTICE NOTES
STOP PRESS: This Practice Note is being updated to take account of the introduction of a 24-week statutory framework for appeals lodged on or after 12 August 2026 by appellants receiving asylum accommodation support, and non-detained appellants who are liable to deportation under section 3(5)(a) of the Immigration Act 1971. See: LNB News 14/08/2026 4 and the Border Security, Asylum and Immigration Act 2025 (Commencement No 5) Regulations 2026, SI 2026/766, reg 2. The new framework is being underpinned by a new Practice Direction. Note also that the Government’s Immigration and Asylum Bill 2026 would establish a new Independent Immigration Appeals Authority to replace the First-tier Tribunal (Immigration and Asylum Chamber). See News Analysis: A guide to the Immigration and Asylum Bill 2026. This Practice Note outlines the procedural aspects of submitting an appeal to the First-tier Tribunal of the Immigration and Asylum Chamber (IAC). For a summary of the key steps involved in a typical First-tier Tribunal appeal, see Practice Note: Procedure in the First-tier Tribunal
GLOSSARY
Any debt that ranks behind another tranche or other tranches of debt. Debt can be subordinated by contractual subordination or structural subordination.
PRACTICE NOTES
Subordination is a way of changing the priority of claims against a debtor so that one creditor or group of creditors (the junior creditor(s)) agree that their debt will not be paid until debts owed to another creditor or group of creditors (the senior creditor(s)) have been paid. This Practice Note explains: • why subordination is used in certain finance transactions • the two main types of subordination: ◦ contractual subordination, and ◦ structural subordination, and • how subordination is affected by insolvency This Practice Note focuses on the principles of how to subordinate debt. Intercreditor agreements will typically deal with a variety of matters, the subordination of the junior debt being one of them. A more detailed explanation of how subordination provisions fit into, and are set out in, an intercreditor agreement, is set out in Practice Note: Introductory guide to Intercreditor Agreements—see the section Ranking and subordination provisions in particular. For a precedent subordination deed, see Precedent: Subordination deed-single company borrower-single unsecured senior lender-single unsecured junior lender.
GLOSSARY
This arises where a creditor's right to repayment is postponed to the rights of other creditors. This can be achieved by contractual arrangements or by structuring lending at different levels within a group of companies.
PRECEDENTS
This Deed is made [insert day and month] 20[insert year] Parties 1 [insert name of party] of [insert address] (the Senior Lender); 2 [Insert name of party] of [insert address] (the Junior Lender); 3 [insert name of party], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert registered office] (the Borrower). Recitals: (A) The Senior Lender has agreed to provide the Borrower with a loan facility on the terms of the Senior Facility Agreement (as defined below). (B) It is a condition precedent to the utilisation of the Senior Facility (as defined below) that the Junior Lender and the Borrower enter into this Deed with the Senior Lender. (C) [[insert further details if required]] The parties agree: 1 Definitions and interpretation 1.1 [Unless defined otherwise in this Deed, or the context requires otherwise, all words or expressions defined in the Senior Facility Agreement have the same meaning in this Deed.] 1.2 In this Deed: Business Day • means a day, other than a Saturday, Sunday or public holiday, on which banks are open for business in London; Debt • means the Senior Debt and the Junior Debt; Debt Documents
NEWS
Arbitration analysis: The Superior Court of Justice (STJ) in Brazil analysed, in the context of a Special Appeal, if an arbitration clause established in a maritime transport contract should be transmitted to the subrogated insurer in case of a redress lawsuit. The Reporting Justice Maria Isabel Gallotti proclaimed that although the subrogated creditor is not automatically bound by the arbitration clause through legal subrogation, it may occur through contractual subrogation, or, in this case, through the insurer’s previous knowledge of the existence of an arbitration clause in the contract of carriage. This is because the arbitration clause cannot be understood as a very personal condition of the party, precisely because it is a generic and common legal institute applicable to any capable contractor, not deriving from a personal characteristic whose provision could not be performed by a third party. The decision shows that the courts in Brazil, in case of a dispute involving an insurance subrogation claim and an international maritime contract, would likely rule in favor of the applicability of the arbitration clause, reinforcing legal certainty on this matter in the country. Written by Camila Mendes Vianna Cardoso partner, Ana Carolina Moreira Balbi de Faria, and Luciana Rodamilans Stukart both are associates at Kincaid Mendes Vianna Advogados.