Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also serve as a boost to the initially instructed solicitor’s advice. This Practice Note sets out how counsel can be instructed so that the client receives the maximum benefit. Choosing counsel and reasons to instruct A list of approved counsel should be maintained and regularly updated. In family matters, what might be termed a good 'bedside manner' is important. Clients often feel immensely vulnerable and the involvement of a brilliant but brusque professional may not suit the client at all. Consideration may need to be given to instructing leading counsel and in some cases leading counsel will happily take a case without the expense of junior counsel assisting them. The earlier in a case counsel is instructed, the more benefit will be obtained from their advice.

The Solicitors Regulation Authority (SRA) operates a registration regime for foreign lawyers. Once registered, a registered foreign lawyer (RFL) can become a manager or owner of a law firm with solicitor managers/owners. The SRA Authorisation of Individuals Regulations set out the SRA’s requirements for registration as a RFL. The SRA has also published guidance for RFLs on their obligations. This Practice Note sets out the registration regime for foreign lawyers working in SRA-regulated law firms as RFLs, why registration may be required and how to go about getting registered. It also sets out the continuing obligations for RFLs and the implications for firms working with RFLs. Until 31 December 2024, certain Swiss lawyers were eligible to apply to register as registered European lawyers (RELs). From 1 January 2025, it is no longer possible to apply to become registered as a REL, but Swiss lawyers who are not already RELs may seek to register as RFLs, if required—see further Practice Note: Working with Swiss lawyers—the registered European lawyer (REL) and registered

The manner and standard to which the works are carried out by the contractor.

Any place that is not a domestic residence which is made available to any person for the purposes of work.

1 General information Date of review [Insert date] Person(s) conducting review [Insert name(s)] 2 Review and findings Have your workplace behaviour policies and procedures been reviewed in the last year? Yes / NoIf no, ensure you set an action point at section 3 Are you satisfied that your conduct and behaviour policy accurately reflects the procedures, systems and controls within your firm, including in relation to:—reporting incidents and concerns—investigations—training—related

The Solicitors Regulation Authority (SRA) has increasingly been focusing on issues around culture and wellbeing in the workplace. It has issued guidance on the risks of failing to protect and support colleagues in the workplace environment and conducted a thematic review of workplace culture. This Workplace culture—SRA action list brings together questions for law firms to ask themselves and suggested actions to take to improve their workplace culture, as identified and recommended by the SRA in its thematic review. For more information on wellbeing, see Practice Note: Protecting staff wellbeing in the workplace environment—law firms. Mental health and challenging stigma Questions to ask yourself Does your firm: • challenge stigma and raise awareness through initiatives such as wellbeing days? • train managers proactively to spot the signs of stress or burnout? • invite colleagues to train as mental health first aiders to support wellbeing? • hold regular one-to-one meetings to facilitate discussions about health and wellbeing? • use risk assessments to monitor risks including the work/clients you deal with? • promote psychological safety at work

Mediation is a form of alternative dispute resolution (ADR) that is frequently used in the employment context to resolve disputes. For further information about the use of mediation in employment disputes, generally, see Practice Note: Mediation in employment—introduction. Mediation can take place in a wide variety of circumstances, both during employment and after employment has ended. A distinction can be made between: • workplace mediation, and • employment mediation Workplace mediation is used where there is an ongoing work relationship between the parties at the start of the mediation. The mediator will assist the parties in trying to resolve their dispute so that they can continue to work together going forward. The focus is on restoring the relationship rather than settling a legal dispute. Employment mediation is used where a tribunal claim is either being considered, or has been submitted. The employment relationship may have already ended, but not necessarily so. The mediator will assist the parties in trying to agree mutually acceptable settlement terms for resolving their dispute. In

ARCHIVED: This Practice Note has been archived and is not maintained. This archived Practice Note provides guidance on the workplace parking levy, a charge for occupiers of car parking spaces for use by employees. It covers: the scope of workplace parking levy licensing schemes; legislative requirements for the content of schemes; the provider’s liability; penalty charges; representations and appeals; and payment and recovery. Under Chapter 12 of the Transport Act 2000, certain local traffic authorities have power to introduce workplace parking levy licensing schemes allowing them to charge the occupier of premises for a licence for car parking spaces (‘licensed units’) which are occupied by motor vehicles and provided for use by: • a relevant person • employees, agents, suppliers, business customers or business visitors of a relevant person • pupils or students attending training provided by a relevant person, or • where a body whose affairs are controlled by its members is a relevant person, by a member of the body engaged in the carrying on of any business of the body for

Workplace safety refers to the legal and practical measures required to protect employees and others from risks to health, safety and welfare arising out of work activities. In UK and Irish legal practice it is a broad, descriptive term rather than a defined statutory expression, but it is underpinned by core legislation such as the Health and Safety at Work etc. Act 1974 (England & Wales and Scotland), the Health and Safety at Work (Northern Ireland) Order 1978, and the Safety, Health and Welfare at Work Act 2005 (Ireland). Workplace safety encompasses employers’ duties to carry out risk assessments, implement safe systems of work, provide information, instruction, training and supervision, maintain safe premises and work equipment, and consult with workers or safety representatives. It is central to regulatory compliance, civil liability (negligence and breach of statutory duty), criminal enforcement, and corporate governance. Across England & Wales, Scotland, Northern Ireland and Ireland, the concept and practical expectations are broadly aligned, though specific statutory regimes, regulators (e.g. HSE, HSENI, Health and Safety Authority) and enforcement procedures differ. Workplace safety issues commonly arise in litigation, regulatory investigations, internal compliance policies and transactional due diligence.

The whole of the work to be executed by the contractor—this can include design obligations, variations and temporary works. This is normally defined in the contract (for example, in JCT contracts, it is set out in the First Recital) and sets out the scope of what the contractor has to do.

Works information is used in the NEC3 contracts to specify and describe the work which the contractor is to undertake, together with any constraints on how it is to carry out such work. In the NEC4 contracts this is referred to as the 'Scope'.

Local Government analysis: An interesting case involving European Services/Works contract definitions, EU/UK procurement rules, and potential conflicts of interest involving a contract claim of over £1.3m. Parts only of the JR challenge grounds were permitted to proceed to a full hearing, so the outcome is not yet conclusive, but ‘arguable’ at this permissions stage. This is a case to watch, in the future, especially in terms of how parties interpret the Services/Works contract definitions, the interplay of EU procurement legislation and the transmission of it into domestic UK legislation, with ‘how to avoid’ potential conflicts of interest between the various contracting parties and independent consultant interests. Written by Dr Mirza Ahmad LLD (Hon), barrister at St Philips Chambers.