GLOSSARY
Allocation definition
What does Allocation mean?
Civil claims can be allocated (or re-allocated) to the small claims track, the fast track or the multi-track. Track allocation determines costs recoverability and how the case will proceed.
General
An order of the court whereby a claim is directed to be managed according to one of the three available tracks.
Claims are allocated to track by reference to, amongst other things, its financial value and complexity: see CPR Rule 26.6 for the scope of each track.
View the related practice notes about Allocation
Equity derivatives—France—Q&A guide
Equity derivatives—France—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to equity derivatives in France published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2020). Authors: Latham & Watkins LLP—Thomas Vogel; Suzana Sava-Montanari 1. Other than transactions between dealers, what are the most typical types of over-the-counter (OTC) equity derivatives transactions and what are the common uses of these transactions? The market for OTC derivatives transactions in France is well established and equity derivative products are routinely used in the implementation of stake-building transactions, equity price risk hedging strategies and share repurchase schemes. Typical equity derivatives products used by issuers on the French market include (but are not limited to): • call options, put options and total return swaps to hedge equity price risks on a bespoke basis; • funded collar in the context of the leveraged acquisition of a stake in a publicly listed company involving an embedded hedge to the market price of the equity purchase (often on a tranched basis); • unfunded collar in the context of the disposal of a stake in a publicly listed company involving an embedded hedge to the market price of the equity disposal (often on a tranched basis); • prepaid equity forward in the context of share buy-backs involving a forward transaction that is settled on the basis of the discounted volume-weighted average price of
Business and Property Courts—shorter trials scheme
Business and Property Courts—shorter trials scheme This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below. Purpose of the shorter trials scheme This Practice Note gives guidance on the shorter trials scheme (STS) in CPR PD 57AB to claims issued on or after 1 October 2015 in the Business and Property Courts. The scheme is intended to effect resolution of commercial disputes within commercial time frames through streamlining and controlling various case management procedures, including the pre-action procedure, statements of case, costs budgeting, disclosure, factual and expert evidence, interim applications, the trial timetable, cross examination at trial, etc. CPR PD 57AB deals with both the shorter and flexible trials schemes and came into effect on 1 October 2018, following a successful pilot scheme which operated under CPR PD 51N in the Rolls Building only. From 1 October 2018, the STS applies to all Business and Property Courts and to claims issued on or after 1 October 2015 (CPR PD 57AB, para 1.2). The flexible trials scheme (FTS) is also contained in CPR PD 57AB. This Practice Note only considers the STS. For guidance on the FTS, see Practice Note: Business and Property Courts—flexible trials scheme. Where the provisions of
FCA consultation paper tracker—2017
FCA consultation paper tracker—2017 This tracker sets out the consultation papers published by Financial Conduct Authority (FCA) in 2017, along with the publication of any subsequent rules and guidance. For details of FCA consultation papers from other years, see: FCA consultation paper tracker. For details of Prudential Regulation Authority (PRA) and Financial Services Authority (FSA) consultation papers, see: • PRA consultation paper tracker • FSA consultation paper tracker Topic area Consultation Paper Description Publication date End of consultation period Policy Statement/ Handbook Notice Authorisation, approval and supervisionFees and leviesPayment systems and services CP17/44: PSR regulatory fees The Payment Systems Regulator (PSR) and the FCA published a consultation and decision paper setting out its policy decision on the way it will collect its regulatory fees in 2018/19 and in subsequent years, and consulting further on its proposed fees allocation method. 15 December 2017 26 January 2018 PS expected Summer 2018Handbook Notice 53 (23 March 2018)CP18/8: PSR regulatory fees (23 March 2018) Consumer credit, mortgage and home financeFCA conduct requirements CP17/43: Credit card market study: Persistent debt and earlier intervention remedies—feedback on CP17/10 and further consultation The consultation derives from the FCA findings in its July 2016 credit card market study, in which the FCA set out significant concerns about the scale, extent and nature of problem credit card debt and firms’ limited incentives to reduce this. The
Telecoms and media—Nigeria—Q&A guide
Telecoms and media—Nigeria—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to telecoms and media in Nigeria published as part of the Lexology Getting the Deal Through series by Law Business Research (published: July 2021). Authors: Streamsowers & Köhn—Chukwuyere E Izuogu; Otome Okolo; Tamuno Atekebo 1. Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services? Nigeria's communications sector is primarily regulated by the Nigerian Communications Act (NCA) and the Wireless Telegraphy Act (WTA). The NCA established the Nigerian Communications Commission (NCC), which is charged with the responsibility of regulating the communications sector. The Minister of Communications and Digital Economy (the Minister) under the NCA is vested with the responsibilities of the formulation, determination and monitoring of the general policy for the communications sector in Nigeria to ensure, among other things: • the utilisation of the sector as a platform for the economic and social development of Nigeria; • the negotiation and execution of international communications treaties and agreements, on behalf of Nigeria, between sovereign countries and international organisations and bodies; and • the representation of Nigeria, in conjunction with the NCC, at proceedings of international organisations and on matters relating to communications. Under the NCA, the NCC is authorised to make and publish regulations and guidelines insofar as it is necessary to give effect to the full provisions of the NCA, among other
Statement of Changes in Immigration Rules, HC 693—analysis [Archived]
Statement of Changes in Immigration Rules, HC 693—analysis [Archived] This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 693 that are likely to be of most interest to business immigration advisers. It is possible to navigate to specific topics quickly using the Contents bar at the bottom of the page. HC 693 was issued on 16 October 2014 and covers a wide range of new measures including: • the introduction of new procedural rules and Appendix AR, which covers the administrative review (AR) procedure which replaces appeal rights for Tier 4 students and their family members, who have not made a human rights or protection claim • substantive changes to the Tier 1 (Investor) category, further to the government's consideration of a related report from the Migration Advisory Committee which was published earlier in the year • what many commentators are calling the 'final death knell' of the Points-Based System (PBS), with the introduction of genuineness and related subjective tests into various of the remaining PBS categories that were previously unaffected • specific provisions to deal with suspected fraud in relation to English-language testing in relation to applications for limited leave under Appendix FM and Part 8 and for settlement where Appendix KoLL applies (where there is also a similar provision in relation to the Life in the UK test) • numerous minor technical
Workers and Temporary Workers sponsor duties: sponsor changes of circumstances
Workers and Temporary Workers sponsor duties: sponsor changes of circumstances Sponsor organisations are required to report various changes of circumstances affecting their organisation to the Home Office. How to submit the report and who should do it differs according to the nature of the change. See Practice Note: Downgrading and revocation of Workers and Temporary Workers sponsorship licences for more details on the sanctions that a sponsor can receive for non-compliance with these reporting duties. Changes that must be notified on the Sponsorship Management System The following changes should be reported by the Level 1 user on the 'request change of circumstances' function on the Sponsorship Management System (SMS). A Level 2 user cannot do this. All of the listed changes bar two must be reported within 20-working days of the relevant circumstance occurring. The Sponsor Guidance states that the Home Office may follow up with a request for evidence of the change. Where a change is reported on the SMS and this is relevant, the request will come on a submission sheet. Documents that will be requested can include, but are not limited to, documents that would have been mandatory to submit at the time of the initial application. It is advisable to pre-empt any request where possible by preparing relevant copy evidence for submission at the same time as, or soon after the change is reported
Pharmaceutical trade marks and parallel imports
Pharmaceutical trade marks and parallel imports Pharmaceutical trade marks: regulation and naming procedures In most fields of business, trade mark owners have a relatively free hand in selecting the brands they use to market their goods or services. In general, where there is no risk of confusion on the part of the relevant consumer with an earlier brand, a trade mark will be free for use. This is not the case with respect to trade marks for pharmaceutical products, which are subject to an extra layer of regulation in order to protect public health. Pharmaceutical trade marks can only be put into commercial use once they have been granted a marketing authorisation (MA). In determining whether to grant an MA, the competent authorities will decide whether the trade mark poses a risk to public health. This decision is not reached through a classical trade mark infringement assessment, but instead centres on the potential for medication errors which could lead to serious health risks. The various considerations applicable to pharmaceutical trade marks will impact in different ways on the selection of the candidate marks. Where identical or confusingly similar trade marks are used for the same or related medical indication, there is a trade mark conflict. Where a trade mark is likely to cause confusion in print, handwriting or speech with the name of another medicinal product, there is
Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives
Applying for a Workers and Temporary Workers sponsor licence: key personnel and representatives When applying for a sponsor licence, an organisation must decide who will act as its 'Key Personnel' for the purposes of the licence and its relationship with the Home Office. These are: • Authorising officer (AO) • Key contact (KC) • Level 1 user • Level 2 user Roles, responsibilities and requirements The table below summarises the key duties and responsibilities of each role and the key requirements for the holder of each. The same person can fill all the roles or different people can fill different roles. All must be a paid member of staff of the applicant organisation and/or an ‘office holder’, unless one of the other possibilities shown in the table applies. An office holder is usually a person who has been appointed to a role of responsibility at the organisation but who is not employed by them, eg as a registered company director. The Sponsor Guidance gives more details of this. 'Paid members of staff' will not include temporary staff supplied by an agency. Only Level 2 users can be agency staff. None of the roles can be undertaken by contractors or consultants who are contracted to perform a specific function, although Level 1 and 2 users can be employees of a third party to whom a sponsor has contracted out its HR function, and legal representatives can act as
UK ETS—regulated activities, operators, installations and exemptions
UK ETS—regulated activities, operators, installations and exemptions Since the end of the Brexit transition period (IP completion day) on 31 December 2020, the UK no longer participates in the Emissions Trading System (ETS) of the EU. The EU ETS seeks to limit the total amount of certain greenhouse gases (GHG) emitted by factories, power plants and other installations in the system through a scheme of allowance trading on the cap and trade principle. It commenced with Phase I in 2005 and is based on Directive 2003/87/EC (later amended by Directive 2009/29/EC). Phase III of EU ETS commenced in January 2013 and ended in 2020. Phase IV runs from 2021–30. For more details on the EU ETS and carbon trading, see Practice Notes: • EU ETS Directive 2003/87/EC—snapshot • EU Emissions trading system—outline • Carbon markets—basic principles and future developments • Carbon markets—carbon trading agreements • Carbon markets—price of Carbon • Carbon markets—international emissions trading schemes • When is a greenhouse gas permit required under Phase III EU ETS? [Archived] Prior to Brexit, the EU ETS was implemented in the UK by the Greenhouse Gas Emissions Trading Scheme Regulations 2012, SI 2012/3038 which extend to the whole of the UK. For more information of the UK’s participation in the EU ETS before the end of IP completion day, see Practice Notes: • EU ETS Phase III UK implementation—legal framework, key obligations and administration [Archived] • EU ETS
Mergers and acquisitions in the life sciences sector
Mergers and acquisitions in the life sciences sector On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies (except to the limited extent agreed), but it continues to be subject to EU law and must submit to the continuing jurisdiction of the Court of Justice of the EU in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—Life Sciences and News Analysis: Brexit Bulletin—key updates, research tips and resources. In recent years, the life sciences sector has experienced significant merger and acquisition (M&A) activity. This Practice Note discusses some of the factors that have driven deal flow in the industry and explores some of the key considerations legal counsel should be mindful of when representing parties to such transactions. For the purposes of this Practice Note, the life sciences sector is generally considered to include pharmaceuticals, health-oriented biotechnology products and medical devices. This Practice Note focuses on issues that are common in life sciences M&A transactions and issues that tend to assume more importance in life sciences deals than in deals in other industries. Industry-specific
View the related precedents about Allocation
Procedural order for a remote hearing in international arbitration
Procedural order for a remote hearing in arbitration'>international arbitration PROCEDURAL ORDER NO. [insert number] Having considered the parties’ submissions, the Tribunal orders as follows: 1 Hearing by video-conference 1.1 The [insert hearing description] (the Hearing) shall be conducted by video-conference, using [insert name of video-conferencing platform] as the video-conferencing platform (the Platform). The Tribunal considers that this is a reasonable alternative to an in-person hearing [eg, in light of the coronavirus (COVID-19) pandemic, lockdown measures, social distancing orders and travel limitations.] It will provide the parties with a fair and reasonable opportunity to be heard and allow the arbitration to proceed in accordance with [insert reference to any duties set out in the applicable rules of arbitration or under the arbitral law of the seat to conduct proceedings expeditiously, efficiently and without unnecessary delay]. 2 [Prior directions concerning the Hearing] 2.1 [This Procedural Order supersedes [insert references to any prior directions to the extent inconsistent with this Procedural Order or no longer applicable].] 2.2 [[Insert references to any provisions of prior Procedural Orders or other directions by the Tribunal concerning the Hearing that are to continue to apply] shall continue to apply.] 3 Hosting [and technical support] 3.1 [[The institutional case manager/tribunal secretary/case monitor/other person] shall act as the host for the Hearing (the Host). The Host shall liaise with the Tribunal and parties to ensure that the Hearing is held in accordance
DDQ—CRC questions [Archived]
DDQ—CRC questions [Archived] 1 Please provide full details of the Company’s compliance with the CRC Energy Efficiency Scheme (the initial phase: 1 April 2014 – 31 March 2019) (CRC Scheme), including: 1.1 whether the Company is a CRC Scheme participant and upon what basis? Is it a single company, part of a group (within the meaning of Art 3 of the CRC Energy Efficiency Scheme Order 2013, as amended, SI 2013/1119) or a disaggregated subsidiary? 1.2 where the Company is not required to participate in the CRC Scheme, upon what basis, eg has the qualification criteria not been met, or do they benefit from an exemption? 1.3 where a CRC Scheme participant, evidence of its compliance with the CRC Energy Efficiency Scheme Order 2013, SI 2013/1119 and CRC Energy Efficiency Scheme (Allocation of Allowances for
Agile software development agreement
Agile software development agreement This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer [insert information about the business of the Customer] wishes to [insert objectives of the project]. (B) The Supplier is a provider of [insert business of the Supplier] and has experience in [insert services being procured]. (C) The parties have agreed to contract with each other in accordance with the terms and conditions set out below. THE PARTIES AGREE: 1 Definitions 1.1 In this Agreement: Acceptance Criteria • in respect of an Iteration means criteria formulated by the Development Team that determine whether Software developed in respect of that Iteration is of satisfactory quality and, in respect of a Release, whether the Features are of satisfactory quality, in each case as approved by the relevant Product Owner; Acceptance Testing • means the testing of any Deliverables for conformance with the relevant Acceptance Criteria; Actual Cost • has the meaning given in paragraph 2.4.2 of Schedule 3; Adjustment Ratio • has the
Draft letter to employer client on conducting a performance and capability procedure
Draft letter to employer client on conducting a performance and capability procedure Note: this letter is drafted in general terms without a specific situation in mind. You will need to tailor the letter if advising about a specific employee on particular facts. If the employer has its own performance and capability procedure (or disciplinary procedure covering poor performance) you will need to cross-refer to it throughout the letter, in relation to each stage of the procedure and in relation to any time limits set out in the procedure. You may find that the employer’s own procedure provides for more warnings to be given or other steps to be taken. It is assumed in this letter that the review periods for performance will be shorter than the length of any warnings given. [name and address of client] Dear [name] Performance and capability procedure I am writing to set out my advice on how to conduct a performance and capability procedure for an under-performing employee. The main legal risk if such a procedure is not handled carefully is a claim for unfair dismissal, if the procedure culminates in dismissal of the employee for poor performance. Other legal risks are claims for constructive dismissal and unlawful discrimination. It will be of vital importance to document the various stages of the procedure, as a complete ‘paper trail’ can greatly assist in defending employment tribunal
Part 26A restructuring plan Practice Statement Letter (PSL)
Part 26A restructuring plan Practice Statement Letter (PSL) IMPORTANT NOTICE FROM [insert name of Company] THIS LETTER IS IMPORTANT AND REQUIRES YOUR IMMEDIATE AND URGENT ATTENTION. IT CONCERNS A RESTRUCTURING PLAN PROPOSED BY [insert name of Company] PURSUANT TO PART 26A OF THE COMPANIES ACT 2006 WHICH MAY AFFECT YOUR LEGAL RIGHTS AND ENTITLEMENTS AND YOU MAY THEREFORE WISH TO TAKE APPROPRIATE LEGAL AND OTHER PROFESSIONAL ADVICE ON ITS CONTENTS. THE PROPOSED RESTRUCTURING PLAN APPLICATION IS EXPECTED TO BE CONSIDERED BY THE COURT AT A CONVENING HEARING ON [insert date of convening hearing] IN LONDON, UNITED KINGDOM. SPECIFIC DETAILS OF THE CONVENING HEARING (INCLUDING CONFIRMATION OF THE TIME) WILL BE PROVIDED TO ALL BONDHOLDERS (AS DEFINED BELOW) BY A SEPARATE NOTICE IN ADVANCE OF THE CONVENING HEARING. [BONDHOLDERS WILL ALSO BE ABLE TO ACCESS AND DOWNLOAD THE NOTICE AT THE FOLLOWING WEBSITE: [insert website details].] YOU ARE BEING CONTACTED AS [insert company name] BELIEVES YOU ARE A BONDHOLDER AND WILL THEREFORE BE AFFECTED BY THE PROPOSED RESTRUCTURING PLAN. THIS LETTER DOES NOT CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY ANY SECURITIES IN ANY JURISDICTION. NONE OF THE SECURITIES REFERRED TO IN THIS LETTER MAY BE SOLD, ISSUED OR TRANSFERRED IN ANY JURISDICTION IN CONTRAVENTION OF APPLICABLE LAW. EACH BONDHOLDER MUST RELY ON ITS OWN EXAMINATION OF, AND/OR ADVICE FROM ITS OWN LEGAL, TAX AND/OR OTHER
Special administration—special administrators’ progress report
Special administration—special administrators’ progress report [investment bank name] (in special administration) [Joint] Special Administrators’ Progress Report for the six-month period [date] to [date] Notice: About this Report • This Report has been prepared by [names of special administrators], the Special Administrators of [investment bank name] (in special administration), solely to comply with their statutory duty under the Investment Bank Special Administration (England and Wales) Rules 2011, SI 2011/1301, r 122 to provide creditors and clients with an update on the progress of the special administration and for no other purpose. This Report is not suitable to be relied upon by any other person, or for any other purpose, or in any other context. • This Report has not been prepared in contemplation of it being used, and is not suitable to be used, to inform any investment decision in relation to the debt of or any financial interest in [investment bank name] (in special administration). • Any estimated outcomes for creditors and clients included in this Report are illustrative only and cannot be relied upon as guidance as to the actual outcomes for creditors, clients or other stakeholders. • Any person that chooses to rely on this Report for any purpose or in any context other than under the Investment Bank Special Administration (England and Wales) Rules 2011, SI 2011/1301, r 122 does so at its own risk. • To the fullest extent
Data processing side agreement—personal data only—pro-controller
Data processing side agreement—personal data only—pro-controller This Agreement is made on [date] Parties 1 [Insert name of supplier], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [Insert name of customer], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is an experienced provider of [insert details]. (B) This Agreement governs all processing of Protected Data undertaken by the Supplier under and in connection with [the Principal Agreement OR all of Our Arrangements]. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Applicable Law • means: (a) any law, legislation, regulation, byelaw or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) [any applicable guidance, guidelines or codes of practice issued by any relevant Data Protection Supervisory Authority (in each case whether or not legally binding);] (e) [any applicable industry code, policy or standard (in each case whether or not legally binding); and]
Right of first refusal provisions—articles—corporate joint venture
Right of first refusal provisions—articles—corporate joint venture Amendments to Precedent: Articles of association—joint venture company—deadlock (50:50) and Articles of association—joint venture company—majority/minority. Add new definitions to Article 2.1: Offer Period • has the meaning given to it in Article 1.3; Proposed Transferee • has the meaning given to it in Article 1.1; Proposed Transferor • has the meaning given to it in Article 1.1; Sale Notice • has the meaning given to it in Article 1.5; Sale Price • has the meaning given to it in Article 1.1.2; Sale Shares • has the meaning given to it in Article 1.1.1; Delete existing ‘Transfer Notice’ definition in Article 2.1 and replace with the following new definition: Transfer Notice • has the meaning given to it in Article 1.1; Delete ‘Seller’ definition in Article 2.1. Replace Article 12.4 with the following: [Following the expiry of the Lock-in Period, a OR A]ny person who holds, or becomes entitled to, any Share shall not effect a transfer of such Shares or serve a Transfer Notice, except in accordance with Article 13, Article 14[, OR or] Article 15[, Article 16 or Article 17]. Amend Article 13.1 as follows: Replace ‘comply with the pre-emption procedure set out in Article 13’ with ‘comply with the pre-emption procedure set out in Article 14’. Delete Articles 13.2 to 13.5 Add new Article 14 and renumber the document accordingly: 1 Pre-emption Rights 1.1 Subject to Article 1.9, any Shareholder who wants to transfer any Shares (Proposed Transferor) to a
Limited partnership agreement
Limited partnership agreement This limited partnership Agreement is made on [insert day and month] 20 [insert year] Parties 1 [insert name of general partner] of [insert address] (the General Partner); and 2 Each of the persons whose names are listed in Schedule 1, Part B. BACKGROUND (A) The Limited Partnership has been registered as a limited partnership in England under the LPA 1907 with number LP [insert number]. (B) The General Partner has agreed to be the general partner of the Limited Partnership and manage the business of the Limited Partnership and the Limited Partners have agreed to make Contributions to the Limited Partnership on the terms set out below. (C) The General Partner and the Limited Partners wish for the Limited Partnership to carry on the Business and to agree to regulate the affairs of the Limited Partnership on the terms set out below. The parties agree: 1 Definitions and interpretation 1.1 Definitions In this Agreement, unless the context otherwise requires: Accountants • means [insert name of Limited Partnership’s accountants] or such other firm of chartered accountants as are appointed to replace them in accordance with the provisions of this Agreement; Accounting Date • means [insert initial Accounting Date] or such other date as may be determined in accordance with the provisions of this Agreement; Accounting Period • means [in the case of the first Accounting Period, the period from the commencement of the Business and ending
AML and counter-terrorist financing policy—law firms
AML and counter-terrorist financing policy—law firms This document reflects draft Legal Sector Affinity Group (LSAG) AML Guidance, published on 20 January 2021. It awaits HM Treasury approval. Note that any content may be amended before the final version is published with the Treasury's approval. 1 Introduction to the policy 1.1 [Firm name] is required to put in place appropriate systems and controls to combat money laundering and terrorist financing under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 (MLR 2017), as amended. 1.2 For more details on the MLR 2017, see section 10. 2 Scope and application 2.1 This policy contains the procedures we have developed to comply with the MLR 2017, as amended. 2.2 This policy applies to all [our offices,] employees, officers, consultants, contractors and to other workers including agency workers, casual workers[, volunteers] [, interns] and home workers. 2.3 All staff must be familiar with this policy and comply with its terms. 2.4 This policy does not form part of any contract of employment and we may amend it at any time. 3 Responsibility for AML and counter-terrorist financing compliance 3.1 The firm itself is primarily responsible for compliance with the MLR 2017, including all systems and control requirements. 3.2 [While the firm is primarily responsible for compliance with the MLR 2017, we have appointed a money-laundering compliance officer (MLCO) and a nominated officer, as shown in the
View the related q&as about Allocation
Is there any authority upon putting a small claims level claim within the fast track for reasons of complexity as per CPR 26.8(1)(c)?
Is there any authority upon putting a small claims level claim within the fast track for reasons of complexity as per CPR 26.8(1)(c)? The court has a wide discretion when allocating a claim to a track. Practically, the claim will normally be allocated based on its financial value, but CPR 26.8(1) lists several other matters that the court shall have regard to when deciding the track for a claim. The list is not exhaustive, but as you have identified at CPR 26.8(1)(c), the court shall have regard to the complexity of the facts, law or evidence. The complexity may also have a direct impact on the amount of oral evidence required (CPR 26.8(1)(f)) and the importance of the claim to the person involved (CPR 26.8(1)(g)). The cases
If a case has been allocated to the fast track, is the court bound to award no more than £25,000, or can the trial judge award a greater amount?
If a case has been allocated to the fast track, is the court bound to award no more than £25,000, or can the trial judge award a greater amount? CPR 26.6 states that the fast track is the ‘normal’ track for claims valued between £10,000 and £25,000. However, while the value of a claim is one of the factors to be taken into account when a court allocates a claim (whether it be to the small claims track, fast track or multi-track), it is not the only factor. The court will have regard to all the factors listed at CPR 26.8(1) when deciding whether to allocate a case to the ‘normal’ track. The fact that the court should consider those factors before determining the appropriate track means that it should likewise be entitled to conclude that a case is suitable for the fast track even if the value exceeds £25,000. For further guidance, see Practice Note: Allocation of claims to a track, in
In a purchase of residential property, there is an entry on the title from a conveyance dated 23 January 1967 whereby the land is subject to all stipulations, exceptions and reservations under the Llanfyrnach Inclosure Act 1809 (LIA 1809) or other award. Is there any information on LIA 1809 and what stipulations, exceptions and reservations could affect the land as a result of it? The title also contains a standard entry stating that mines and minerals are excepted. Is this entry applicable notwithstanding the entry relating to LIA 1809 or other award?
In a purchase of residential property, there is an entry on the title from a conveyance dated 23 January 1967 whereby the land is subject to all stipulations, exceptions and reservations under the Llanfyrnach Inclosure Act 1809 (LIA 1809) or other award. Is there any information on LIA 1809 and what stipulations, exceptions and reservations could affect the land as a result of it? The title also contains a standard entry stating that mines and minerals are excepted. Is this entry applicable notwithstanding the entry relating to LIA 1809 or other award? Since the 12th century, 'inclosure' (an archaic form of 'enclosure') has been taking place. Land was previously divided into various strips which were farmed by tenant farmers as common land upon which each had various rights. Enclosure involved the parceling up of common land and its allocation to those who were held to have rights to it. It has its roots in the feudal system, the ending of usufructuary rights and the appropriation by lords of the manor of title to land, to which they then granted rights to farm or graze to their serfs. Enclosure is credited with bringing about the agricultural revolution, as well as, when it took hold significantly in the
What are the differences between the English and Welsh review and appeals procedures which apply once a local housing authority has reached a decision regarding the duty it owes to an applicant who is or may be threatened with homelessness?
What are the differences between the English and Welsh review and appeals procedures which apply once a local housing authority has reached a decision regarding the duty it owes to an applicant who is or may be threatened with homelessness? While two distinct statutory codes now operate for the provision of homelessness assistance in England and Wales (under Part VII of the Housing Act 1996 (HA 1996), and under Part 2 of the Housing (Wales) Act 2014 (H(W)A 2014)), the framework for review and appeal remains broadly consistent and is based on an initial internal right of review, exercisable within 21 days of any relevant reviewable decision, followed by a further right of appeal to the County Court, on a point of law, against any decision on review (or absent a review decision the original one). Therefore, the key differences relate more to the substance of the decision or duty under scrutiny, rather than any divergence in procedure between the two codes. The established position in England is under HA 1996, s 202, which gives a homeless applicant a right to seek a review of certain decisions, including what substantive duty will be owed as a result of the local housing authority’s (LHA) assessment. There are further rights of review in respect of eligibility, referral to other LHAs in cases of disputed local connection and suitability of
Quantum, in an intellectual property claim, is often difficult to predict at the time a claim is being issued. What are the practical options for those seeking to issue a claim in the High Court?
Quantum, in an intellectual property claim, is often difficult to predict at the time a claim is being issued. What are the practical options for those seeking to issue a claim in the High Court? What is the problem? In an intellectual property (IP) claim, it is often difficult to predict quantum at the time the claim is issued. Why does the problem arise? The difficulty in predicting how much is likely to be recovered in an IP claim should liability be established is, not least, because the extent of the infringement may not be known to the claimant at the time of issue and may only be revealed in subsequent disclosure which is obtained or otherwise in the course of proceedings. In addition, very often claimants have the option of seeking quantum representing either their damages or an account of the defendant’s profits which is an election made at a later stage in the process after some additional disclosure (essentially the proceedings are split into liability and quantum stages). Ordinarily, the claimant will have little idea about the details of the defendant’s business and what profit the defendant may be making, particularly at the point the claim is issued. What are the practical consequences? It is necessary when issuing a claim to give an indication of the amount which is being claimed by the claimant. This is for a number
Is a purchaser of a business liable to a commercial agent of the seller of that business if the agency agreement is terminated prior to completing the business transfer?
Is a purchaser of a business liable to a commercial agent of the seller of that business if the agency agreement is terminated prior to completing the business transfer? For the purposes of this Q&A, we have focussed on the contractual arrangements and allocation of liabilities stemming from the business transfer. Commercial Agency Regulations 1993 Our Practice Note: Termination of commercial agency considers the regulations governing the termination of commercial agencies (as defined in the Commercial Agency Regulations (CAR 1993)) and looks at when the right to indemnity or compensation does or does not exist in general. CAR 1993, reg 17 deals with the entitlement of commercial agent to an indemnity or compensation on termination of an agency contract. In particular, reg 17 (6)–(9) states the following: (6) Subject to paragraph (9) and to regulation 18 below, the commercial agent shall be entitled to compensation for the damage he suffers as a result of the termination of his relations with his principal. (7) For the purpose of these Regulations such damage shall be deemed to occur particularly when the termination takes place in either or both of the following circumstances, namely circumstances which— (a) deprive the commercial agent of the commission which proper performance of the agency contract would have procured for him whilst providing his principal with substantial benefits linked to the activities of the commercial agent; or (b) have not
What is a capital contribution reserve?
What is a capital contribution reserve? A capital contribution reserve typically arises when an irrevocable gift has been made to a company by a shareholder (ie new shares are not issued in consideration). Such a payment often arises in the context of overseas companies, where a parent company makes a long term loan to a subsidiary at a below market rate of interest. The difference between the face value of the loan, and its discounted value using a market rate of interest, is required to be credited to a capital contribution reserve. The Privy Council (PC) case of Keller v Williams [2000] 2 BCLC 390 explored the context in which capital contributions might arise and how the funds might be used. The dispute centred on whether the funds paid were to be treated as capital contributions (as shown in the company's records) or as shareholders' loans. The PC, upholding the decision of the lower courts, held ‘…If the shareholders of a company agree to increase its capital without a
Is a subscription to join an app which offers goods at discounted prices together with the opportunity to enter prize draws likely to be considered a payment to enter under the rules on lotteries and prize promotions?
Is a subscription to join an app which offers goods at discounted prices together with the opportunity to enter prize draws likely to be considered a payment to enter under the rules on lotteries and prize promotions? Lotteries Under the Gambling Act 2005 (GA 2005) most types of lotteries are illegal. A lottery must comply with the relevant provisions of GA 2005 and can only be lawfully operated under a lottery operating licence unless it falls within one of the limited exceptions. The three elements of a simple lottery are: • the requirement to pay to participate • the allocation of prizes, and • the determination of winners wholly on chance Only one of these elements needs to be absent for a promotion to fall outside the control of GA 2005. The ‘requirement to pay to participate’ Making entry into a prize promotion conditional on the purchase of a product (or services) is not a payment to enter provided the price of the product or service is not increased as a result of the promotion (GA 2005, Sch 2, para 2(c)). Whether this is the
What are the potential risks to a buyer of a new-build property if the developer does not have National House Building Council or equivalent?
What are the potential risks to a buyer of a new-build property if the developer does not have National House Building Council or equivalent? It is a condition of most mortgage applications that a ‘new home’ warranty is in place if you are buying a home that is less than ten years old. Such a policy is designed to cover (among other things) structural defects in the home. While most warranties typically last ten years, what is covered in that period can vary and the small print of any policy should be carefully reviewed so that the buyer understands the allocation of risk under the relevant policy. The National House Building Council (NHBC) provides a policy called 'Buildmark Cover', which is a ten year policy taken out by the ‘builder’ on behalf of a home owner. The Buildmark Policy is divided into different periods of cover: • cover before completion • cover in the first two years after completion, and • cover in years three to ten From exchange of contracts to completion, NHBC Buildmark Cover provides pre-completion deposit protection to the buyer if there is insolvency of the builder. From completion, the NHBC Buildmark Cover is essentially an insurance policy for the buyer in respect of defects and the type of cover differs in the different periods of the policy, for example: • for the first two years, the builder
Are there any government approved standard GDPR compliant data processing clauses for use by public authorities?
Are there any government approved standard GDPR compliant data processing clauses for use by public authorities? The General Data Protection Regulation (EU) 2016/679, the GDPR, will replace Directive 95/46/EC, Data Protection Directive and all implementing data protection legislation in EU Member States, including the UK’s Data Protection Act 1998 (DPA 1998) from 25 May 2018. The GDPR will be directly applicable in all Member States without the need for implementing national legislation. See Practice Note: Introduction to the EU GDPR and UK GDPR. This Q&A considers the generic standard GDPR clauses found in Annex A, Part 1 of the Procurement Policy Note—Changes to Data Protection Legislation & General Data Protection Regulation (PPN 03/17) issued by the Crown Commercial Service. Background In December 2017, the Crown Commercial Service published PPN 03/17, a public procurement note which explains how government buyers should bring existing and future commercial arrangements concerning data processing into line with the GDPR and the Data Protection Law Enforcement Directive (EU) 2016/680 (DPLED). See LNB News 20/12/2017 117. PPN 03/17 includes
View the related News about Allocation
Energy weekly highlights—30 June 2022
This week's edition of Energy weekly highlights including Ofgem’s decision on amending the CfD methodology, HMRC’s consultation on the draft Energy (Oil and Gas) Profits Levy Bill, BEIS’ agreement to modernise the terms of the Energy Charter Treaty that will align with the Energy Security Strategy, and the Council of the EU’s agreement to raise renewables and energy efficiency targets.
Construction weekly highlights—30 June 2022
This week's edition of Construction weekly highlights includes a summary of the sections of the Building Safety Act 2022 which came into force as at 28 June 2022, an announcement by Department for Levelling Up, Housing and Communities (DLUHC) on new legal protection for qualifying leaseholders from extortionate building safety costs related to the Building Safety Act 2022, the issue of the Construction Products (Amendment) Regulations 2022, a case the in which the Technology and Construction Court (TCC) gave a warning to practitioners who seek to make inappropriate applications to strike out witness evidence prepared for a trial, pursuant to CPR PD 57AC, on the basis of non-compliance (Curtiss and others v Zurich Insurance Plc and another company), the launch of the Royal Institute of British Architects’ (RIBA) comprehensive review of Professional Risk and Professional Indemnity Insurance (PII) market conditions, reaction from the UK Green Building Council (UKGBC) to the Climate Change Committee’s 2022 progress report and a report from Build UK and Wedlake Bell aimed at helping manage rising inflationary pressures in the construction industry.
Corporate weekly highlights—30 June 2022
This week's edition of Corporate weekly highlights includes the Financial Reporting Council’s response to the International Sustainability Standards Board’s draft documents on sustainability and climate related disclosures, the publication of a Companies House blog explaining the secondary legislation for the Register of Overseas Entities and a Financial Conduct Authority feedback statement on ESG integration in UK capital markets.
Corporate Crime weekly highlights—30 June 2022
This week's edition of Corporate Crime weekly highlights includes analysis of the Law Commission's recent recommendation of changes to corporate criminal law, the implications of the high profile ENRC v Serious Fraud Office (SFO) judgment and changes to the UK Russian sanctions regime as at 23 June 2022. Also included is news of a financial penalty of £3m imposed on Carlsberg following a brewery ammonia leak, environmental permit compliance failures by Dairy Crest Ltd resulting in a £1.52m fine, the latest monthly round up of prosecution news from the SFO, and details of provisions of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) which came into force on 28 June. All this, and more, in this week’s Corporate Crime highlights.
Enforcement of UK’s financial sanctions—strict liability and a stronger approach
Financial Services analysis: Sara George, partner and consulting editorial board member of Lexis®PSL Financial Services, Rachpal K Thind, partner, Christopher Lock, counsel, Jonathan Lafferty, senior managing associate, and Louise McCarthy, associate at Sidley Austin LLP, examine the UK’s new approach of strict liability to financial sanction breaches and sets out the powers provided to HM Treasury (HMT) and its Office of Financial Sanctions Implementation (OFSI) under the Economic Crime (Transparency and Enforcement) Act 2022 (EC(TE)A 2022 ).
Transfer from Hospital to care homes policy at start of coronavirus (COVID-19) pandemic irrational (Gardner, R (on the application of) & others v Secretary of State for Health and Social Care & others)
Local Government analysis: The High Court held that three government policy documents relating to management of transfer of individuals from NHS hospital from 17 March 2020 to 2 April 2020 at the start of the coronavirus (COVID-19) pandemic, were irrational in failing to advise that where an asymptomatic patient was admitted to a care home, they should, so far as practicable, be kept apart from other residents within 14 days. Written by Adam Mercer, trainee solicitor at Sinclairs law.
Environment weekly highlights—23 June 2022
This week's edition of Environment weekly highlights includes analysis on the announcement that trustees of large occupational pension schemes will be required to publicly disclose the way their investments are aligned with international standards on limiting global warming and the Department for Work and Pensions’ green pensions trial. In addition, this week, the Department for Business, Energy & Industrial Strategy published its response to the consultations on heat network zoning, cost recovery of heat networks regulation, and fusion energy proposals, the Chancery Lane Project published three new clauses for soils, renewable power and SMEs, the Scottish Government launched a consultation on its Biodiversity Strategy, it was confirmed that COP15 will go ahead in December 2022, and the Global Methane Pledge Energy Pathway was signed by the EU, the US and 11 other countries. We also published a new Practice Note, which provides guidance on the obligations imposed on manufacturers, importers and authorised representatives by GB ecodesign legislation.
Banking and Finance weekly highlights—23 June 2022
This week's edition of Banking and Finance weekly highlights includes: (1) the LMA updates its REF Security Agreements and user guides, (2) the publication of the annual report for 2022 on the implementation of the National Security and Investment Act 2021, and (3) the Council of the EU and the European Parliament have reached provisional agreement on the EU’s Corporate Sustainability Reporting Directive (CSRD).
Employment weekly highlights—23 June 2022
This week's edition of Employment weekly highlights includes: (1) analysis of an EAT judgment on the worker status of an associate dentist by Peter Daly and Hannah Mathews of Doyle Clayton, (2) regulations expanding the range of healthcare professionals in Northern Ireland that are able to certify fit notes, (3) the Labour Market Enforcement report, (4) a report from the Association of British Insurers calling for an automatic enrolment plan from the government, (5) analysis of an employment tribunal claim looking at the protection against detriment in the case of a pension trustee by Rebecca Thomas of 42 Bedford Row, (6) a decision of the First-tier Tax Tribunal that construction industry agency workers’ travel costs were not deductible, (7) an EAT judgment on the test for proportionality when assessing justification in disability arising from disability claims, (8) new guidance on private hire vehicle and taxi access for disabled users, (9) an EAT judgment on whether a communication about a pay increase made directly to workers was in breach of section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992, (10) an EAT decision on whether a payment made in satisfaction of an unfair dismissal award is taken into account before or after the application of the statutory cap where the amount of the award is revised following an appeal and remission, (11) dates for your diary, (12) updates to our legislation and consultation trackers and our employment horizon scanner, and (13) the IRLR Highlights for July 2022.
Energy weekly highlights—23 June 2022
This week's edition of Energy weekly highlights includes NAO’s report on the energy supplier market, BEIS’ guidance on round two of the Green Heat Network Fund, Ofgem‘s consultation on the OFTO End Of Tender Revenue Stream, and the EU’s adoption of the Global Methane Pledge Energy Pathway to reduce methane emissions in the oil and gas sector.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.