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Corporate Insolvency and Governance Act 2020—resources for commercial contracts—checklist

Corporate Insolvency and Governance Act 2020—resources for commercial contracts—checklist This Checklist of resources sets out some of the considerations when drafting, reviewing and negotiating commercial contracts to reflect the restrictions on ipso facto provisions introduced by the Corporate Insolvency and Governance Act 2020 (CIGA 2020). Corporate Insolvency and Governance Act 2020—the impact for commercial lawyers CIGA 2020 introduced reforms to the Insolvency Act 1986 (IA 1986) including provisions to ensure the continuity of essential supplies and restrict contractual termination provisions on insolvency (so-called ‘ipso facto’ clauses). The provisions that are of most relevance to general commercial practitioners when drafting and negotiating contracts are: • contractual rights to terminate for an insolvency event, or do any other thing as a result of a customer’s insolvency (so-called ‘ipso facto’ clauses) in contracts for the supply of goods and services are no longer effective • the introduction of a company moratorium available to all companies to allow companies to formulate restructuring proposals without creditor pressure • the introduction of a restructuring plan, being a new...

Environmental permit transfer requirements—Checklist

Environmental permit transfer requirements—Checklist Environmental permits An environmental permit is required to operate a regulated facility or cause or knowingly permit a water discharge activity or groundwater activity. Former pollution prevention and control (PPC) permits, waste management licences, water discharge consents, groundwater authorisation and radioactive substances authorisations are now called environmental permits. Some facilities are regulated by the EA in England or the Natural Resources Wales (NRW) in Wales, while others are regulated by the relevant local authority. On 1 January 2017, the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 came into force, revoking and consolidating the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675 which had been amended on numerous occasions. The EPR 2016 is the principle legislation governing the environmental permitting and compliance regime which applies to various activities and industries and all offences occurring on or after 1 January 2017 will be prosecuted under the EPR 2016. Offences committed before 1 January 2017, will be prosecuted under the EPR 2010....

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Grant of probate/administration—flowchart

Grant of probate/administration—flowchart The following flowchart deals with the main steps in the administration of an estate from the time of first

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CPR changes—April 2014 [Archived]

CPR changes—April 2014 [Archived] ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. THIS PRACTICE NOTE HAS BEEN UPDATED IN LINE WITH SI 2014/867, PUBLISHED ON 2 APRIL 2014. April 2014 sees a number of changes to the CPR rules and practice directions over a number of different dates. Here, we set out a quick summary followed, for convenience, by the CPR changes in table format so the date on which changes occur are clear. The changes are made under SI 2014/407 unless stated otherwise. The SIs coming into force There are currently four SIs which are bringing changes to the CPR into force. It is anticipated that there will be a further one to deal with the new 28...

Creation of charities in Scotland

Creation of charities in Scotland Decisions on creating a charity When creating a charity, there are critical decisions to be made about the choice of legal vehicle and on how to approach the application process for approval of charitable status. However, prior to the start of this process, consideration should be given so to whether a charity is the right means of fulfilling the aims to be achieved. Objects to be carried out must be recognised as charitable within the definitions set down in the Charities and Trustee Investment (Scotland) Act 2005 (2005 asp 10) (CTI(S)A 2005), and they must demonstrably provide or be intended to provide public benefit. Practical issues about how activities will be funded and work carried out form a part of this preliminary decision making stage. The Office of the Scottish Charity Regulator (OSCR) guidance on Meeting the Charity Test is a useful starting point at the outset. Choice of legal vehicle Once the decision is made to create a charity, it is necessary to...

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Using client account as a banking facility—case studies

Using client account as a banking facility—case studies We must not use a client account to provide banking facilities to clients or third parties. This is a strict requirement of rule 3.3 of the SRA Accounts Rules, which applies to our general client account and any separate designated client accounts. Allowing our client account to be used as a banking facility carries the risk that we may assist money laundering or similar offences. You must be aware of and comply with our policy on anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing when receiving client or office money. [This includes our separate policy on receiving cash.] The SRA can impose heavy penalties for breach of rule 3.3. There does not need to be a direct risk of money laundering, etc or any suggestion of impropriety. A breach of rule 3.3 in itself is sufficient for the SRA to impose a penalty on the firm and/or any individuals involved. We must only receive money into our client account where...

Execution clause—administrator—contract

Option 1—contract signed by administrator on behalf of the company Signed by [insert name of administrator], administrator (without personal liability), for and on behalf of [insert name of company] (in administration)

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Where a claim has been stayed because the respondent company is in administration, is the respondent nevertheless required to submit an ET3 (within the usual timeframe), or can the respondent wait for the stay to be lifted before submitting the ET3?

Where a claim has been stayed because the respondent company is in administration, is the respondent nevertheless required to submit an ET3 (within the usual timeframe), or can the respondent wait for the stay to be lifted before submitting the ET3? Paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 (IA 1986) provides, so far as relevant, as follows: ‘No legal process may be…continued against [a company in administration] except with the consent of the administrator or with the permission of the court’. The ‘court’ in this instance is, exclusively, the Companies Court and not the Employment Tribunal (ET). It has been confirmed by the Employment Appeal Tribunal (EAT) that the ET has no power or discretion to continue with a claim against a company in administration (see Ince Gordon Dadds LLP v Tunstall). That can only be done with the consent of the administrator (which is rarely given, for obvious reasons) or by Order of the Companies Court. The only course available to the...

If a person has settled status and has been granted British citizenship, can they continue to travel in and out of the UK prior to obtaining a British passport as long as they have attended the citizenship ceremony and been naturalised as a British citizen?

If a person has settled status and has been granted British citizenship, can they continue to travel in and out of the UK prior to obtaining a British passport as long as they have attended the citizenship ceremony and been naturalised as a British citizen? Once a non-British or Irish national with indefinite leave to remain (ILR) is granted British citizenship they will then have the right of abode in the UK and their ILR will fall away. Section 2(1) of the Immigration Act 1971 (IA 1971) states that a person has the right of abode in the UK if they are a British citizen. Section 1 of IA 1971 provides that ‘All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance…’ and that the Immigration Rules regulate the administration of the Act for regulating the entry into and...

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Pensions UK calls for PPF administration levy abolition following unexpected DWP reintroduction

Pensions UK has called for the abolition of the Pension Protection Fund (PPF) administration levy following its reintroduction by the Department for Work and Pensions (DWP) on 3 July 2025. The levy, amounting to £15m on defined benefit pension schemes exceeding that threshold, had been paused for two years before being reinstated without prior notice, resulting in significant unbudgeted costs. Collected separately by The Pensions Regulator to fund the PPF’s administrative expenditure, the levy undermines earlier reforms aimed at reducing the risk-based PPF levy to zero. An independent review in 2022 deemed the levy an unnecessary complication and recommended its abolition once the PPF’s surplus was depleted. Consequently, Pensions UK is seeking an amendment to the current Pension Schemes Bill to implement this recommendation, proposing that the PPF cover its operating costs through its own fund and surplus. Zoe Alexander, Director of Policy and Advocacy at Pensions UK, has highlighted the procedural failure in the levy’s reintroduction and urged the Government to address the issue through the Bill.

Ofgem modifies DCC Smart Meter Licence for ex-ante control transition

Ofgem has published a decision, announcing modifications to the Smart Meter Communication Licence as part of its ongoing review of the regulatory framework for the Data Communications Company (DCC), ahead of the licence’s expiry in 2027. The decision follows Ofgem’s statutory consultation published in May 2025 and aims to support Ofgem’s policy conclusions on the transition to a new cost control regime, while supporting the administration of the final Price Control at the end of the licence term. Key modifications include: (1) implementing the ex-ante process for determining DCC’s Allowed Revenue under the Successor Licence; (2) amending dates for certain reporting requirements, including the Price Control submission, to align with the Transfer Date; (3) amending the Baseline Margin Adjustment and External Contract Gain Share mechanisms; and (4) making minor technical and housekeeping changes.