If you hold personal data of former clients, then you will be processing it for the purposes of the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) (as processing includes the storage of data in accordance to Article 4(2) of Assimilated Regulation (EU) 2016/679). The GDPR contains extensive information requirements. See Practice Note: Privacy notices—information requirements and Precedent:

Ongoing monitoring The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended, require you to conduct ongoing monitoring of your business relationships. Ongoing monitoring is made up of two limbs: • scrutinising transactions throughout the course of the business relationship (including, where necessary, the source of funds) to ensure the transactions are consistent with what you know about the customer, their business and risk profile • undertaking reviews of existing records and keeping the documents or information obtained for the purpose of applying customer due diligence (CDD) measures up to date (while taking into consideration your obligation to keep customers' personal data accurate and up to date under the data protection regime—see Practice Note: Financial crime compliance and data protection) The obligation to conduct ongoing monitoring applies specifically to business relationships and not occasional transactions. It is, however, good practice to apply the same monitoring exercise

Closing a client matter properly is a basic client care, risk management and housekeeping requirement. There are also regulatory and best practice issues to consider. Practice Note: How to close a client matter—law firms covers the practical steps involved in and regulatory and other considerations surrounding, closing a client matter. The SRA Standards and Regulations 2019 (StaRs 2019) require you to show that you provide services to clients in a manner which protects their interests, subject to the proper administration of justice. However, the StaRs

It is open to a party to detail within a Part 36 letter what their costs (including solicitor and court fees) have been to date. Parties will often also set out the costs consequences for either acceptance or non-acceptance, referring to the relevant provisions of CPR 36, although there is no requirement that a Part 36 offer includes this information. It is, however recommended that you do set out the costs consequences if you are intending to serve a Part 36 offer on a litigant in person. In Kunaka v Barclays Bank, the court did not order the usual costs consequences for late acceptance where the offeree was a litigant in person who did not appreciate

There are two ways law firms might be caught by the consumer credit regime: • by entering into a fee arrangement with a client that constitutes a consumer credit agreement • by engaging in ancillary consumer credit activities such as debt adjusting or debt collecting Fee arrangements There are two issues you should consider: • does your fee arrangement constitute a regulated credit agreement, meaning it must comply with the Consumer Credit Act 1974 (CCA 1974) and ancillary regulations regarding form, content and execution—the definition of consumer credit agreement requires the creditor (in this case your firm) to provide the debtor (the client) with credit. If there is no credit, there is no consumer credit agreement for the purpose of CCA 1974. • if the fee arrangement constitutes a consumer credit agreement, do you need a consumer credit licence from the FCA to enter into the agreement or can you rely on the SRA's Exempt Professional Firms (EPF) regime? The example below are based on our interpretation of the ingredients

In certain parts of the market, eg family law, it is becoming increasingly common for clients to finance their legal costs by way of a loan from a specialist legal finance provider—this is often called litigation finance. Generally, the law firm introduces the client to a finance company that has 'granted a facility' to the firm. Whilst the finance application can usually only be made via the law firm, the client enters into a loan agreement with the finance company (not the law firm). In the case of consumer clients, the loan agreement is likely to be a regulated consumer credit agreement. This Q&A answers the question: Do I need a consumer credit licence to help a client apply to a third party for litigation finance under a loan agreement. It does not deal with wider professional and conduct issues such as whether: • it is appropriate to recommend a particular third party provider (some providers specifically

It is assumed that the landlords hold the legal title in the land on trust for themselves, either as tenants-in-common or as joint tenants and that there are no other beneficiaries under the trust in land. Where there is more than one legal owner of land, the legal title cannot be held separately, it can only be held jointly (sections 1(6) of the Law of Property Act 1925 (LPA 1925)). The legal title in co-owned land is therefore held by the co-owners jointly in their capacity as trustees. When one co-owner dies, legal title vests automatically in the surviving owners and the deceased’s estate has no claim on it. The default position is that the beneficial interest in the land is also held jointly (LPA 1925, s 36(1)). That means that each co-owner is beneficially entitled to the whole equitable interest

The requirement for approval Under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, reg 26, as amended, all beneficial owners, officers and managers of relevant firms, including law firms, and relevant sole practitioners must be approved by their supervisory authority. The requirement applies to: • independent legal professionals • auditors, insolvency practitioners, external accountants and tax advisors • estate agents and letting agents • high value dealers • art market participants Not all law firms meet the definition of independent legal professional. For the purposes of the MLR 2017, an independent legal professional is a firm or sole practitioner who by way of business provides legal or notarial services to other persons when participating in (ie assisting in planning or execution of transactions or otherwise acts for or on behalf of a client) financial or real property transactions concerning: • buying and selling of real property or business entities • managing

Whether you need consent to process the personal data of existing and future clients depends what data you are processing, why and how. Processing non-sensitive personal data Consent is only one of the bases on which you can lawfully process data under the General Data Protection Regulation (GDPR). You should always consider whether an alternative lawful basis for processing personal data exists. There are five alternatives in Article 6 of the GDPR, ie processing is necessary: • for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract • for compliance with a legal obligation to which you are subject • to protect the vital interests of the data subject or another natural person • for the performance of a task carried out in the public interest or in the exercise of official authority vested in you • for the purpose of the legitimate interests

Publishing client case studies and testimonials to your website or in promotional materials such as brochures can be a helpful way to highlight your firm's expertise in a particular practice area, or reputation for good client care; but before you hit the publish button, you need to consider: • data protection • confidentiality • publicity Data protection The UK General Data Protection Regulation (UK GDPR) applies when you process personal data. Failing to comply with the UK GDPR can expose an organisation to serious reputational damage, claims by aggrieved data subjects and fines. Are you processing personal data? In most cases in this context, the answer will be yes. Under the UK GDPR ‘processing’ is widely defined. Personal data is any information relating to an identified or identifiable natural person (a data subject). A company cannot be a data subject, and nor can someone who has died. Examples of personal data include: • names • addresses • CCTV images of individuals • car registration numbers

Contents of training materials These training materials contain slides and speaker notes to introduce trainees, junior lawyers, lawyers from other practice areas or clients to the basics of when planning permission is needed. They cover: • meaning of ‘development’ • operational development including demolition, alteration and rebuilding • material change of use • what is not development • lawful development certificates, and • permission in principle They

The general position is that when serving a claim form out of the jurisdiction, permission of the court is required. However, there are exceptions to this which are set out in Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and Wales? Generally permission is required to serve the claim form in China. However, although not an EU Member State, there are two provisions in Brussels I (recast) which apply regardless of the domicile of the parties and would provide the English courts with exclusive jurisdiction in a dispute involving a