The following In-house Advisor practice note provides comprehensive and up to date legal information covering:
Even if business people have complete confidence in your ability to select and mobilise external advisers, you should present those advisers as allies in the management of legal risk, not just remote subcontractors of the legal team. You should not view a good relationship between business people and external lawyers as a threat to the in-house legal function.
during selection: you should ensure that senior managers have an opportunity to express their views on selection and to meet candidates.
during definition of the mandate: for more complicated mandates where the scope may be subject to alteration by the business, there is much to be gained from the law firm having a better appreciation of how volatile or spontaneous some of the key players may be and those players understanding that a carefully put together mandate will fall apart if there is not a disciplined approach to scope changes. You
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This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
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