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PRACTICE NOTES
Congratulations. You have secured your first role as an in-house lawyer. It is your first day. Everyone is very friendly and welcoming. That’s promising. Your organisation has engaged one or more in-house lawyers previously. The immediately previous incumbent may or may not still be in the business. Where do you start? This Practice Note is the first in a series aimed to help you get started in your new role and rapidly become an effective part of your organisation. It sets out some practical steps you should make time to complete in your first few weeks, together with some longer-term projects that you should keep in mind and for which you should start to prepare. Each of those practical steps is expanded upon in more detail in further Precedents, Practice Notes and Checklists. This Practice Note is intended for a new in-house lawyer joining an organisation to replace the organisation’s previous in-house lawyer. If you are taking up your first role as an in-house lawyer in an organisation
GLOSSARY
The certificate issued by the Engineer under a FIDIC contract (by the Employer in the Silver Book) which certifies that the Works (or a Section) have been completed to the extent required under the contract and the date that this was achieved (similar to a certificate of practical completion in JCT contracts).
GLOSSARY
One of four main ways of dissolving a marriage under Islamic law, meaning 'to set free', a unilateral divorce by the husband on a no fault basis.
GLOSSARY
An agreement, also known as an influencer agreement, intended to be used by brands working with celebrity and social talent bloggers and vloggers as part of a marketing campaign. Influencers may operate on platforms such as YouTube and in a wide range of industries.
PRECEDENTS
Talent management strategy Section Questions to ask yourself Response Introduction Why is a talent management strategy needed?What do you hope to achieve?How long will it take to achieve?What does this strategy cover?Who will own and drive this strategy? [Link your plan to the firm’s business plan, ie if the business plan is a five year plan then this talent management strategy should also be a five year plan.][Include references and links to other related plans, policies and strategies.][A named individual with overall accountability for driving the project needs to be included.] Links to the business plan How does this strategy support and complement the business plan?What are the key objectives of the business plan and how will this strategy help to achieve them?What are the internal and external forces driving this change?What happens if you don’t implement this strategy? [The key objectives of the business plan should be listed and a clear link made to the talents/skills required.][Outline what is driving this change to be implemented now.][As well as highlighting the benefits of the talent management strategy,
NEWS
Construction analysis: The Grenfell Tower Inquiry’s Phase 2 report called for a single regulator for the construction industry, bringing together functions currently spread across numerous professional, product and building-safety regimes. The government accepted that recommendation and, in December 2025, published a prospectus setting out how the new regulator might be created and operate in practice. Our panel of legal experts considers whether this proposal should be welcomed, the challenges it may present, and the practical implications for the construction industry. The panel comprises Richard Benn, counsel at BCLP, Katherine Metcalfe, partner at Pinsent Masons, and Abdul-Lateef Jinadu, barrister at Keating Chambers.
NEWS
Construction analysis: On 17 April 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Design and Build Contract and Design and Build Sub-Contract Agreement and Conditions, along with associated guides. This was followed on 15 May 2024 with the publication of the 2024 editions of the Minor Works Building Contract, Minor Works Building Contract with contractor’s design, Minor Works Sub-Contract with sub-contractor’s design, Short Form of Sub-Contract and Sub-subcontract, and on 10 July 2024 with the publication of the Intermediate Building Contract with contractor’s design, Intermediate Building Contract, Intermediate Sub-Contract and Intermediate Sub-Contract with sub-contractor’s design. In this analysis, David Bebb of Fenwick Elliott LLP, Gemma Irving of Eversheds Sutherland (International) LLP and Lauren Morrison of Herbert Smith Freehills reflect and comment on the changes made and what impact the new editions will have on the construction sector.
NEWS
Construction analysis: On 9 July 2024, the Supreme Court issued its decision in Abbey v Augusta 2008 (formerly Simply), finding that a collateral warranty was not a construction contract, within the meaning of section 104(1)(a) of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996)). The warranty was therefore not subject to the statutory adjudication regime applicable to construction contracts under HGCRA 1996, s 108. In this article, our panel of construction law experts considers the implications of this landmark decision.
PRACTICE NOTES
This Practice Note looks at why you need to learn the commercial language and the positive steps you can take to bridge the language gap. It covers: • why is there a language gap? • why do you need to learn the commercial language? • what colour is the sky in your commercial colleagues’ world? • why are you different? Why is there a language gap? Commercial teams in companies have been known to say, 'they just don’t get us' when speaking about their legal colleagues. There can be a real sense of frustration about this at times and it can boil down to one simple thing—the inability of the legal team to talk the commercial language of the business. Lawyers have been taught to speak a different language. They talk about 'indemnity', 'breach', 'recourse', 'liability', etc. It is second nature to them. But for a non-lawyer faced with this language, it comes across as impenetrable legal jargon, a total switch off. The commercial language of the organisation is very different, although no less impenetrable
GLOSSARY
Sometimes referred to as a holding announcement, possible offer announcement or 2.4 announcement. The announcement of a possible offer under Rule 2.4 of the Code, either by a potential offeror that it is considering making an offer or by an offeree company that it is in talks with a potential offeror, or has received an approach from a potential offeror. Any announcement by the offeree which commences an offer period must identify any potential offeror with which the offeree is in talks or from which an approach has been received (and not unequivocally rejected). Talks or possible offer announcements may be required by the Panel under Rule 2.2 of the Code if, among other things, offeree is the subject of rumour or speculation or if there is an untoward movement in its share price.
NEWS
MLex: A proposal to update and simplify certain reporting requirements relating to financial services and investment support is now ready for negotiations between the Council of the EU and the European Parliament following the position taken by national ministers on 19 June 2024. The new law updates existing rules on data-sharing between the European Supervisory Authorities (ESAs) and other financial authorities, as well as streamlining new reporting requirements. It aims to lower their administrative burden by promoting more efficient data collection and avoiding double reporting.
GLOSSARY
Assets with physical substance, eg land, cash or property