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Money Laundering Regulations 2017—simplified due diligence

You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine...

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...

Dawn raid—who can raid my organisation and why?

The UK Government has legislated to permit a number of UK authorities to obtain search warrants to 'raid' a business premises. The potential for a...

Practice notes

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...

Produced in partnership with Joanne Kane of Carmelite Chambers 9th Nov

Practice notes

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...

9th Nov

In-house

Practice notes

Getting the Deal Through: Merger Control 2021

Jurisdictions coveredThe following jurisdictions are covered in this report:Albania; Australia; Austria; Belgium; Bosnia and Herzegovina; Brazil;...

9th Nov

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

Practice notes

Money Laundering Regulations 2017—nominated officer

This Practice Note sets out when organisations must appoint a nominated officer, the duties of the nominated officer and practical steps nominated...

9th Nov

In-house

Most recent Professional conduct and regulation content

Practice notes

Coronavirus (COVID-19)—professional conduct for in-house lawyers

This Practice Note reflects advice issued by the SRA and Law Society on the impact of the coronavirus (COVID-19) on a range of commercial and...

18th Nov

COVID-19

In-house

Practice notes

Privilege rules around the world

When dealing with litigation in various different jurisdictions, the Getting The Deal Through Guide (GTDT) titled: legal privilege and professional...

18th Nov

Practice notes

Legal professional privilege in civil proceedings

This Practice Note considers legal professional privilege (LPP), which is made up of legal advice privilege and litigation privilege.It considers the...

18th Nov

Practice notes

Privilege—solicitor and client confidence

This Practice Note looks at privilege and confidential information in the context of a client-solicitor relationship where that solicitor-client...

18th Nov

Practice notes

Privilege—loss or waiver of privilege

This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...

6th Nov

In-house

Q&As

Can I formally discharge an undertaking if I have ceased to act for a client and cannot make contact with them?

We would refer you to Practice Note: Client care 2019—law firms, in particular the section 'Accepting and refusing instructions and ceasing to act'....

3rd Nov

Practice notes

Use of confidential information in civil proceedings

This Practice Note looks at the status and use of confidential information in civil proceedings including what confidential information is, how to...

26th Oct

Practice notes

Conflicts of interest, confidentiality and disclosure 2019—in-house lawyers

The SRA Code of Conduct for Solicitors, RELs and RFLs (Code for Solicitors) forms part of the SRA Standards and Regulations, in force from 25 November...

12th Oct

Practice notes

SRA regulatory regime—from 2019

The way the Solicitors Regulation Authority (SRA) regulates the solicitors’ profession has been evolving since its inception—from a prescriptive...

8th Oct

Q&As

Do the SRA’s proposed changes to the Handbook mean that in-house lawyers risk losing legal professional privilege (LPP) for advice to their internal client/employer?

Our understanding is that whether legal professional privilege (LPP) is available is a matter of common law. We do not understand the SRA’s proposals...

28th Sep

Q&As

We are representing clients in the sale of business assets. The purchaser representatives have legal knowledge, but do not appear to be solicitors (or similar). What are the compliance implications, other than the restriction on unqualified persons conducting reserved legal activities?

Dealing with non-solicitors on the other side of a transaction can present numerous compliance issues, eg:•compliance with the Code of Conduct and...

28th Sep

Q&As

What should I do if the other side fails to discharge the firm from a completed 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...

28th Sep

Q&As

If a solicitor’s undertaking is given but it does not have a date by which it expires, can it be withdrawn? If so, are there any requirements regarding when and how it can be withdrawn?

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

28th Sep

Q&As

Can I rely on an undertaking from a legal executive employed in a non-SRA regulated entity?

There is no specific reference in the Chartered Institute of Legal Executives (CILEx) Code of Conduct to undertakings. However, the institute’s...

28th Sep

Q&As

Can legal executives give undertakings and what should I say about this in my undertakings policy?

From the Solicitors Regulation Authority’s (SRA) perspective, an undertaking is:•a statement, given orally or in writing, whether or not it includes...

28th Sep

Q&As