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MP vows to keep pushing tougher economic crime law

The following Corporate Crime news provides comprehensive and up to date legal information on MP vows to keep pushing tougher economic crime law

Practice Compliance weekly highlights—10 September 2020

The following Practice Compliance news provides comprehensive and up to date legal information on Practice Compliance weekly highlights—10 September 2020

Practice Compliance monthly highlights—September 2019

The following Practice Compliance news provides comprehensive and up to date legal information on Practice Compliance monthly highlights—September 2019

Employer in Greece fined €150,000 for relying on consent to process data under GDPR

The following Employment news provides comprehensive and up to date legal information on Employer in Greece fined €150,000 for relying on consent to process data under GDPR

Featured Practice Compliance content

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

What is a solicitor's undertaking?

An undertaking is a commitment by a solicitor to do something. It can be enforced against the solicitor by the courts. Failure to comply with an...

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

High-risk third countries tracker

This Practice Note lists high-risk third countries identified by the Financial Action Task Force (FATF), HM Treasury and the European Commission as...

Precedents

Modern slavery: contract clauses

1DefinitionsModern Slavery Policy•means the Customer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the...

9th Nov

In-house

Practice notes

AML and counter-terrorist financing—source of funds

Source of funds and wealth was a key focus of the SRA’s Preventing Money Laundering and Financing of Terrorism thematic review, published in March...

9th Nov

In-house

Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Precedents

Standard contractual clauses—set II—controller to controller (Model Clauses)

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

9th Nov

Precedents

Anti-bribery and corruption for law firms—post-training assessment questions

How to use this testThese questions are designed to test your understanding after your attendance at our training on avoiding bribery and...

9th Nov

Practice notes

Compliance officer for legal practice—COLP—title and duties 2011 [Archived]

The compliance officer for legal practice (COLP) sits at the heart of the firm's regulatory arrangements. This does not mean that the firm and its...

9th Nov

Most recent Q&As content

Q&As

Is it compulsory to password-protect all emails—law firms?

Practice Notes: Information management and security—regulatory requirements—law firms and Information security—data protection compliance set out your...

15th Jan

Q&As

What are the consequences for pension scheme trustees if pensions are paid to members on the ‘Consolidated List of Financial Sanctions Targets’ issued by the Office of Financial Sanctions Implementation? What obligations do pensions trustees have to carry out due diligence to safeguard against pensions being paid to such individuals?

UK sanctions regimeFinancial sanctions in the UK may be imposed by the UN Security Council, through UN Security Council Resolutions. These are...

11th Jan

Q&As

What can I do to protect confidential information in the workplace?

What counts as confidential information?Confidential information is information that is (i) confidential in nature, and (ii) disclosed in...

11th Jan

Q&As

Do children have to be identified for the purposes of client due diligence?

The requirement to carry out customer due diligence (CDD) is not limited to adults. In the situations described in the Money Laundering, Terrorist...

Produced in partnership with Peter Steel of Augury Consulting Limited 8th Jan

Q&As

Commercially, for non-public sector—can we still bid for EU contracts in light of Brexit?

Current legal positionAt present, the result of the UK referendum on 23 June 2016 has had no effect on UK law or on the legal relationship between the...

Produced in partnership with Jorren Knibbe of Guildhall Chambers 8th Jan

Brexit

Q&As

What is a solicitor’s duty when they suspect an unrepresented person on the other side of a matter has not properly accounted for value added tax in relation to their business?

Failing to account properly for Value Added Tax (VAT) may be a criminal offence. Under section 72(1) of the Value Added Tax Act 1994, if any person is...

Produced in partnership with Peter Steele of Bevan Brittan LLP 8th Jan

Q&As

Is there a difference between agreed fees and fixed fees? If yes, how must each one be dealt with in terms of the SRA Accounts Rules and do we need to say anything specific about agreed fees in our client care documentation?

An agreed fee as defined in the SRA Accounts Rules under rule 17.5 is:‘A payment for an agreed fee must be paid into an office account. An "agreed...

Produced in partnership with Sarah Charlton of ILFM 8th Jan

Q&As

For the purpose of benefitting from section 73 of the Solicitors Act 1974—ie that a solicitor can obtain a charging order over an interim costs order which takes priority over the client’s liquidator’s right to such sum—does the solicitor have to obtain the charging order before the client goes into liquidation, or can it be obtained after the commencement of the liquidation?

This response deals with the question whether a solicitor can apply under section 73 of the Solicitors Act 1974 (SA 1974) to obtain a charging order...

Produced in partnership with Hannah Drozdz of Gately PLC 8th Jan

Q&As

Will the processing of personal data relating to US citizens by a UK company in the UK be subject to the GDPR (once that applies) (and assuming the personal data relates to US citizens only, not EU citizens)?

Although the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR) does not necessarily apply to every organisation in the world, it...

Produced in partnership with Shobana Iyer of Swan Chambers 8th Jan

Q&As

We consider that the cap of 25% of damages for our fees does not include any after-the-event (ATE) premium payable, ie the client pays our costs (capped at 25%) plus the premium. Could you confirm the position?

On 1 April 2013 many of the provisions of the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) came into force. The effects of...

Produced in partnership with Alex Bagnall of Total Legal Solutions 8th Jan

Q&As

What are the consequences, in an off-premises contract after 13 June 2014, of notifying the client that the cancellation period under the contract is seven days (instead of 14)?

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 came into force on 13 June 2014....

Produced in partnership with Peter Steel of Blake Morgan 8th Jan

Q&As

Under Article 3 of the General Data Protection Regulation, will all personal data processed ‘in the context of the activities of an establishment of a controller or a processor’ based in the EU fall under the regulation regardless if the personal data in question relates to EEA individuals or not?

The General Data Protection Regulation (EU) 2016/679 (the GDPR) applies in all EU Member States from 25 May 2018. Note that in answering this question...

Produced in partnership with Shobana Iyer of Swan Chambers 8th Jan

Q&As

What is the legal position if my client (husband in a matrimonial matter) has seen and wishes to provide me with a copy of legal advice given to his opponent (wife) by the wife’s own solicitor? Does it matter whether the wife and/or her solicitor is aware and agrees to me seeing the advice given to her by her own solicitor?

As a general principle, legal advice from a solicitor to their client is subject to legal advice privilege. For such privilege to attach, the advice...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

What damages are recoverable for stress and inconvenience resulting from a breach of personal data and what test will be applied when assessing these?

A breach of personal data can arise in two ways: (1) a breach of a free standing right of privacy (which used to be known as misuse of confidential...

Produced in partnership with Ashley Roughton of Ipchambers.eu 8th Jan

Q&As

Is a solicitor bound by an undertaking that they cannot complete because the client has changed solicitors?

The SRA Glossary defines an undertaking as:•a statement, given orally or in writing, whether or not it includes the word ‘undertake’ or...

Produced in partnership with Peter Steel of Augury Consulting Limited 8th Jan

Q&As

Is it considered as tipping off if a law firm tells its client that it has informed Companies House about a discrepancy in beneficial ownership information?

The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (MLR 2019), SI 2019/1511 which implement the provisions of the Fifth Money...

Produced in partnership with Peter Steel of Augury Consulting Limited 8th Jan

Q&As

When making a data subject access request to a law firm, is a client entitled to copies of the firm’s own internal communications relating to allegations of negligence by the client against the firm? Is the answer the same for a client complaint rather than an actual or potential claim?

Personal data that is subject to a duty of client confidentiality or contained within communications that are considered to be legally privileged may...

Produced in partnership with Peter Steel of Augury Consulting Limited 8th Jan

Q&As

What is an employer’s lawful ground for processing when moving from paper to electronic payslips?

Practice Note: Processing personal data—lawful processing explains that under the general data protection regulation (GDPR), there are six potentially...

Produced in partnership with David Green of 12 King’s Bench Walk 8th Jan

Q&As