Indemnity insurance definition

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Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Experts—checklist

Experts—checklist Experts duties and obligations Stage Checkpoint Practical points CPR /PD or Guidance applicable Caselaw if relevant Prior to instruction Is a report needed? • will it assist the court? • does expert have the necessary knowledge and expertise? • reliable body of evidence to underpin the report? • is expert aware of their duties to the court, their need to keep to deadlines and provide costs budgeting information? • is expert still in active practice? • do they respond promptly to emails? —Guidance for the instruction of experts in civil claims—Civil Justice Council Guidance See Kennedy v Cordia Services [2016] UKSC 6• will the skilled evidence assist the court in the task ahead? • does witness have necessary knowledge and expertise? • is witness impartial in assessment of evidence? • is there a reliable body of opinion underpinning their opinion? Is funding body aware of need for instruction and likely cost? Is it a legally aided matter? • expert to give assessment...

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Personal data breach management—workflow

Personal data breach management—workflow This Flowchart illustrates how to manage a data protection breach under the UK General Data Protection Regulation (UK GDPR). It reflects reporting and recording requirements under the UK GDPR together with data breach management guidance issued by the Information Commissioner's Office (ICO). It maps out a process, providing guidance and links to relevant precedents for each stage of that process. It can also be used for cybersecurity breaches. See Precedents: Personal data breach plan, Data breach report form—internal and Data breach assessment and action plan, which guide you through each stage of this workflow. Note 1—assemble data breach team The first step is to assemble your data breach team. Consider who within the organisation would be best placed to react swiftly to the breach and who should be involved with the subsequent investigation. This will often involve input from specialists across the business such as IT, HR and compliance/legal and, in some cases, contact with external stakeholders and suppliers. Precedent: Personal data breach plan encourages...

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Discharge for trustees on pension scheme wind-up

THIS PRACTICE NOTE APPLIES TO REGISTERED OCCUPATIONAL PENSION SCHEMES IN WIND-UP (EXCEPT THOSE ENTERING THE PENSION PROTECTION FUND)A key aspect of the winding-up process as it relates to occupational pension schemes is the need to ensure that, as far as is possible, the process permits the discharge of the trustees of the relevant pension scheme from further responsibility in respect of the scheme and its assets and liabilities. There are a number of steps that trustees can take to achieve this.For information about ways to protect trustees from liability in an ongoing scheme, see Practice Note: Trustee liability and protection in pensions.Statutory dischargeWhere the pension scheme is being wound up and is a scheme to which s 73 of the Pensions Act 1995 (PA 1995) applies (eg a registered defined benefit occupational scheme), a statutory discharge may be available to the trustees pursuant to PA 1995, s 74 and the underlying Occupational Pension Schemes (Winding Up) Regulations 1996, SI 1996/3126 (the Winding-Up Regulations).In particular, PA 1995, s 74(2) provides that...

Trustee liability and protection in pensions

FORTHCOMING DEVELOPMENT: The Pensions Dashboards (Prohibition of Indemnification) Bill is a Private Members' Bill which was presented to Parliament on 20 June 2022 when it had its first reading in the House of Commons. The Bill was published on 13 July 2022 and is making its way through Parliament. The main aim of the Bill is to increase protection for pension savers by making it a criminal offence for pension scheme trustees or managers of an occupational pension scheme to reimburse themselves out of the assets of the pension scheme in respect of penalties imposed under the proposed Pensions Dashboards Regulations. Once the Pensions Dashboards Regulations come into force, if a trustee or manager fails to comply with the Regulations, the Pensions Regulator may take enforcement action which could include a financial penalty. Where this occurs, there is currently nothing in legislation to specifically prevent trustees or managers from reimbursing themselves from the assets of the pension scheme. The proposed measure in the Pensions Dashboards (Prohibition of Indemnification) Bill would...

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Data breach monitoring record

Data breach monitoring record 1 General information Date of monitoring review [insert date] Person conducting monitoring review [insert name and job title] 2 Volume of data breaches identified and reported Review your Data breach register for the past 12 months and complete the information below. Category Over the last 12 months Suspected data security breaches [insert number of suspected data security breaches] Actual data security breaches [insert number of actual data security breaches] [Reports to [insert name of any relevant regulator or trade body]] [[insert number of reports sent to relevant regulator or trade body]] Reports to the ICO (involving actual or suspected data security breaches) [insert number of reports sent to the ICO] Data subjects notified of actual or suspected data security breaches [insert number of data subjects notified of actual or suspected data security breaches] Reports to the police (involving actual or suspected data security breaches) [insert number of reports sent to the police] Insurer notifications (involving actual or suspected data security breaches) [ Professional...

File note—insurance demands and needs—law firms

File note—insurance demands and needs—law firms 1 Client’s demands and needs What risk does the client need to insure and why? [Describe the risk the client needs to insure and why] What checks have you made to establish whether the client has existing insurance that may cover this risk? [Describe the checks you have made to establish whether the client already has insurance or other indemnity that may be suitable, eg under their household insurance policy or via a trade union] 2 The recommended insurance Name of proposed insurance provider What type of policy are you recommending? [Insert, eg Title indemnity insurance] How much is the premium or how is the premium calculated? [Insert amount or formula] Is this a one-off premium or are renewal/staged premiums required? When and how is the premium required to be paid, eg up front or deferred to conclusion of matter? Is a credit arrangement available for the premium[, eg a consumer credit agreement]? Is the premium self-insured ie,...

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A public foul sewer running across an extension built in 1999. Planning permission and a building regulations completion certificate were issued. Is a build over agreement necessary?

A public foul sewer running across an extension built in 1999. Planning permission and a building regulations completion certificate were issued. Is a build over agreement necessary? Build over agreements are agreements with water authorities to regulate works that could impact upon a public sewer. Requirement H4 of the Building Regulations 2010, SI 2010/2214, Sch 1 provides that the erection or extension of a building or work involving the underpinning of a building shall be carried out in a way that is not detrimental to the building or building extension or to the continued maintenance of the drain, sewer or disposal main. As a water authority has a statutory right of access to public sewers, it is ordinarily the case that an agreement will be reached with the authority to carry out works above a public sewer. The water authority has the power to remove any structure that prevents access to the sewer. In October 2011 private sewers were transferred to the water authorities by the Water Industry (Schemes for...

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Tax weekly highlights—22 May 2025

This week's edition of Tax weekly highlights includes: (1) the Court of Appeal decision in Impact Contracting Solutions, (2) regulations being made to increase penalties for late payment of tax, (3) an ex-solicitor being given the first individual tax avoidance stop notice, and (4) News Analysis articles being published about the decisions of the First-tier Tax Tribunal (FTT) in Industria Umbrella and Powell.

Seven in ten law firms don’t have cyber insurance, survey shows

Law360, London: Seven in ten law firms do not have cyber insurance cover, despite the increasing threat from cyberattacks on the legal sector, according to research released on 21 July 2023 by the Law Society.