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PSC register for companies and LLPs—checklist

PSC register for companies and LLPs—checklist This note contains a checklist of the key questions to be considered, and steps to be undertaken, in complying with Part 21A of the Companies Act 2006 (CA 2006) (the people with significant control (PSC) regime), in particular the requirement to keep a register of PSCs and other registrable relevant legal entities (RLEs) (the PSC register). The requirement to report PSC information The PSC regime applies to UK incorporated companies limited by shares or guarantee (including community interest companies), limited liability companies (LLPs), unlimited companies, unregistered companies, UK Societas and (as a result of the Scottish Partnerships (Register of People with Significant Control) Regulations 2017, SI 2017/694 (Scottish Regulations)) eligible Scottish partnerships (Scottish limited partnerships and Scottish qualifying general partnerships). These entities are required to update their own registers within 14 days, and to update the information held on the central register at Companies House within a further 14 days (except eligible Scottish partnerships which are not required to keep a PSC...

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Breach of natural justice in adjudication

Principles of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication then the decision may be a nullity if the breach is serious.There are three well-known facets to the principle of natural justice:•no one should be a judge in their own cause•a party should be informed of the allegations against it and be given an opportunity to answer those allegations•a party is entitled to have its case heard by an unbiased and impartial tribunalIn practice, a dispute concerning the first of these three facets of natural justice type is extremely unlikely to arise in a construction adjudication. If there were any sign that an adjudicator had to decide on the propriety of their own conduct, the adjudicator would most likely resign. For information on an adjudicator's resignation, see Practice Note: Resignation by the adjudicator.The courts have given guidance as to what is required for a breach of natural justice on a number of occasions. The key Court of Appeal cases are Carillion Construction v Devonport Royal...

Ireland—Service of proceedings in Ireland

Ireland—Service of proceedings in Ireland This Practice Note offers guidance on serving documents in Irish civil proceedings within the jurisdiction of Ireland. It considers the steps necessary for formal service and the timescales which must be adhered to in the District Court, Circuit Court and High Court. It considers the formal requirements of the rules as well as some procedural routes to address circumstances where compliance may prove difficult or impossible. It is not within the scope of this note to address service of applications or motions once proceedings are in being, nor does it address service of appeal papers. For guidance on: • bringing a civil claim in an Irish court, see Practice Note: Ireland—Starting a civil action • serving proceedings outside Ireland, see Practice Note: Ireland—Service of proceedings outside Ireland Key: • DCR—District Court Rules • CCR—Circuit Court Rules • RSC—Superior Court Rules Objective of service of proceedings It has been stated that the object of service is ‘to bring home to defendants the nature of the proceedings...

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Advice to clients—what is adjudication?

Advice to clients—what is adjudication? What is adjudication? You have asked us to summarise what adjudication is and how the adjudication process typically runs, in light of [[your proposal to enter into a construction contract with] [insert name of the counterparty] OR [in anticipation of adjudication proceedings between] you and [insert name of the counterparty]]. Adjudication is a procedure designed to enable parties to resolve disputes relatively quickly and inexpensively. Under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), parties to construction contracts have the right to commence adjudication at any time. The parties refer their dispute to the adjudicator, who is an impartial decision-maker. The adjudicator is usually a construction industry professional (eg a quantity surveyor or engineer), or a lawyer with construction experience. They will consider arguments from both parties, and may also use their own initiative and experience, before making a decision on how the dispute should be resolved. The party that refers its claim to adjudication is usually called the ‘Referring Party’, and...

Ireland—Grievance policy and procedure (short form)

Ireland—Grievance policy and procedure (short form) This Precedent is a short-form, basic pro forma grievance policy and procedure for an employer to include in a staff handbook. The procedure complies with the requirements of the Code of Practice on Grievance and Disciplinary Procedures and includes information on the right to be accompanied and overlapping grievance and disciplinary matters. The contract of employment must include express terms outlining the grievance and disciplinary procedures that apply to the employment. The Code of Practice on Grievance and Disciplinary Procedures provides that grievance and disciplinary procedures should be in writing and in a form and language that can be easily understood. This grievance procedure is intended to be such a document and should be provided to all employees at the commencement of their employment. Good practice requires a number of stages in grievance handling. Procedures should be reviewed and updated periodically so that they are consistent with changed circumstances in the workplace, developments in employment legislation and case law, and good practice generally For...

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Is a member of an unincorporated association entitled to seek a declaration from the court as to the construction of the rules of the association and if so would the defending party be another member or committee member advocating a different construction?

Is a member of an unincorporated association entitled to seek a declaration from the court as to the construction of the rules of the association and if so would the defending party be another member or committee member advocating a different construction? An unincorporated association: • is an organisation formed when two or more persons (the members) carry on activities together for a common purpose • does not operate for the purpose of generating profit • is not a separate legal entity from its members and officers, which means that the officers and members are personally liable for the debts and obligations of the association, and • may not enter into contracts, own assets, sue or be sued in its own name The members agree how the unincorporated association is to be governed and run by creating a set of association rules, functioning in a similar way to a company’s articles of association. The relationship between members is, therefore, contractual and based on the provisions of the rules...

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Construction weekly highlights—1 May 2025

This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) found that parties had concluded a construction contract through WhatsApp messages (Jaevee v Fincham), a case in which the Court of Session considered competing interpretations of a settlement agreement arising from a construction dispute (Dragados v Port of Aberdeen), a case in which the TCC rejected jurisdictional and natural justice challenges to an adjudicator’s decision (LAPP Industries v 1st Formations), Homes England’s updated Cladding Safety Scheme (CSS) guidance on pre-tender support, the Public Procurement (Revocation) Regulations 2025 coming into force, the Department for Energy Security and Net Zero (DESNZ)’s consultation on the revised National Policy Statements, and a statement from the Construction Leadership Council (CLC) highlighting the impact of US tariffs on the UK construction sector.

Arbitration weekly highlights—1 May 2025

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England & Wales, Hong Kong, Singapore, France, and the USA; updates from the LCIA, LMAA, SIAC, SCCA, SVAMC, AAA and P.R.I.M.E. Finance; news on Swiss arbitration and analysis of how international arbitration could factor in tariff dispute resolution. All this, and more, in our weekly highlights.