The following In-house Advisor practice note provides comprehensive and up to date legal information covering:
This Practice Note provides an overview of the SRA Handbook 2011 (the Handbook), focusing on the obligations imposed on in-house lawyers. For further information about the SRA Handbook see Practice Note: SRA Handbook 2011 [Archived].
The Handbook moves away from a rules-based method of compliance, and adopts an outcomes-based approach, giving solicitors more flexibility around how to best achieve the right outcomes for their clients. This in turn also means that the onus is on solicitors to ensure that the Principles embodied in the Handbook are upheld at all times. For further guidance on outcomes-focused regulation, see Practice Note: What is outcomes-focused regulation? 2011 [Archived]
The Handbook is available online.
The Handbook is split into a number of different parts—of most relevance to in-house lawyers are the:
SRA Principles 2011
SRA Code of Conduct 2011
SRA Practice Framework Rules 2011
The SRA Principles are mandatory and all-pervading. You must:
(1) uphold the rule of law and the proper administration of justice
(2) act with integrity
(3) not allow your independence to be compromised
(4) act in the best interests of each client
(5) provide a proper standard of service to your clients
(6) behave in a way that maintains the trust the public places in you and in the provision of legal services
(7) comply with your legal and regulatory obligations and
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Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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