Introductions and instructions to third parties—SRA 2011 regime and SRA 2019 regime compared
Introductions and instructions to third parties—SRA 2011 regime and SRA 2019 regime compared

The following Practice Compliance guidance note provides comprehensive and up to date legal information covering:

  • Introductions and instructions to third parties—SRA 2011 regime and SRA 2019 regime compared
  • Introductions to third parties
  • Instructing third parties
  • Commission and other financial benefits
  • Introducing, recommending or referring a client to a separate business

This Practice Note contrasts the requirements in the SRA’s 2011 and 2019 regimes in relation to introductions and instructions to third parties. For more detailed guidance on the SRA’s 2019 requirements for:

  1. introductions to third parties, see Practice Note: Introductions to third parties 2019

  2. instructing third parties, see Practice Note: Instructing third parties 2019

The requirements in the 2019 Codes represent the bare bones of those in the 2011 Code as shown in the tables below. You will see, however, that the pared-down requirements in the 2019 Codes do not signify a relaxation of the SRA’s expectations. Generally, the omitted items in the Codes can be mapped across to one or more obligation in the SRA Principles 2019 or derive from the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012).

It is not known whether the SRA intends to recast some of the jettisoned Outcomes and Indicative Behaviours as guidance, but this does not appear to be slated for the first round of SRA guidance on the 2019 Codes.

Firms should also consider their obligations under the SRA Financial Services (Scope) Rules and SRA Financial Services (Conduct of Business) Rules in relation to financial services, consumer credit or insurance distribution activities.

The tables show the requirements of the 2011 Code thematically, rather than numerically.

Introductions to third parties

Generally, where