The following Financial Services practice note provides comprehensive and up to date legal information covering:
BREXIT: The UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. To ensure the effective continuation of legislation in the UK after Exit Day (in the event of a no-deal Brexit), it is necessary for numerous statutory instruments to be made. One of these is the Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019, SI 2019/632. Part 3 of the Regulations contains amendments to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO). Also, Part 3 of the Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019, SI 2019/710 and Part 3 of the Electronic Commerce and Solvency 2 (Amendment etc.) (EU Exit) Regulations 2019, SI 2019/1361 proposes minor amendments to the RAO. The parts of both Regulations relating to the RAO will come into force on Exit Day.
For more information about SI 2019/1361, see Practice Note Impact of Brexit: Solvency II—quick guide.
The Financial Services and Markets Act 2000 (FSMA 2000) regulates consumer credit agreements, including consumer hire agreements. FSMA 2000, s 19(1) provides that a person (as defined by the Financial Conduct Authority (FCA) Glossary) cannot carry on a regulated activity in the UK unless they are an authorised person or exempt. For separate information on consumer credit agreements
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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.You should also consider if the proceedings will be
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
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