Refine By
Clear all filter
About 91456 results for "*"
Q&As
This Q&A reflects requirements in the SRA 2019 regime, effective from 25 November 2019. See Practice Note: Supervision—law firms, which explains the regulatory requirements in relation to supervision. The SRA Practice Framework Rules 2011 required all firms (and some individuals) to either have a person within their management structure who is or themselves be ‘qualified to supervise’. To be qualified to supervise, a person must have undertaken training as specified by the SRA (essentially 12 hours on management skills), and been entitled to practise as a lawyer for at least
Q&As
See Practice Note: Privacy notices—information requirements which sets out information requirements that are contained at various places in the General Data Protection Regulation (GDPR). For a quick reference check in relation to the form and content of your privacy notices, see Precedent: Privacy notice audit. The ICO has produced detailed Guidance on the right to be informed, ie on privacy notices. There is a section titled ‘Dealing with people whose first language is not English’, which contains the following guidance: ‘Sometimes you may want to collect personal data from
Q&As
Direct marketing opt-out The obligation to provide a marketing opt-out is imposed by Article 21 of the UK GDPR. It applies where personal data is processed for direct marketing purposes. The right (to object to personal data being processed for direct marketing) should be explicitly brought to the attention of the data subject and presented clearly and separately from any other information. See Practice Note: How to handle personal data for direct marketing, in particular the section ‘Understanding the right to opt out or object’. It is therefore necessary to consider whether your intended communication involves processing personal data for direct marketing purposes. What is direct marketing? Direct marketing means the communication (by whatever means) of advertising or marketing material which is directed to particular individuals. See Practice Note: Direct marketing compliance, in particular section ‘What is direct
Q&As
Anti-money laundering If the Money Laundering Regulations 2017, SI 2017/692 apply to your firm, you must carry out screening of relevant employees where it is appropriate having regard to the size and nature of the firm's business. For further guidance, see Practice Note: Money laundering and proceeds of crime—implications for environmental lawyers. Insurance distribution You must ensure that all managers and staff directly involved in insurance distribution activities are of good repute. See Practice Note: Insurance distribution activities—law firms. ‘Good repute’ means (as a minimum) that the individual has: • a clean criminal record or other national equivalent in relation to serious criminal offences (not defined) linked to crimes against property or other crimes related
Q&As
FCA regime It would seem that the first issue to consider is whether advising on a credit agreement between the client and a third party is a regulated activity for the purpose of the Financial Conduct Authority (FCA). The FCA’s non-exhaustive List of financial activities we regulate contains the following consumer credit activities which require FCA authorisation: • entering into a regulated credit agreement as lender • exercising, or having the right to exercise, the lender's rights and duties under a regulated credit agreement • credit broking • debt adjusting • debt counselling • debt collecting • debt administration • advising on regulated credit agreements for the acquisition of land • entering into a regulated consumer hire agreement as owner • exercising, or having the right to exercise, the owner's rights and duties under a regulated consumer hire agreement • providing credit information services • providing credit references • operating
Q&As
Analysis The circumstances envisioned in the question are provided for by pararagraph 6.15 of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol). Para 6.17 provides that in those circumstances, the claim will drop out of the RTA Protocol and proceed under the Pre-Action Protocol for Personal Injury Claims (PI Protocol): ‘Where paragraph 6.15 applies the claim will proceed under the Pre-Action Protocol for Personal Injury Claims starting at paragraph 6.3 of that Protocol (which allows a maximum of three months for the defendant to investigate the claim) except that where paragraph 6.15(4)(a) applies [inadequate mandatory information in the CNF] the claim will proceed under
Q&As
In Forkurst v Secretary of State for the Environment and Brentwood District Council [1982] JPL 448 (not reported by Lexis+® UK), four steps were said to be taken in deciding whether a use comes within a particular use class: • an accurate description of the actual use should be formulated • a decision should be made whether, as a matter of construction, that description fits into a use class • a determination should be made as to whether the description includes activities that fit into more than one use class • when there are activities that fall into more than one use class, a determination should be made whether one is ordinarily incidental to the other In Rugby Football Union v Secretary of State for Local Government, Transport and the Regions, it was further
Q&As
A ‘demerger’ is a transaction whereby a business carried on by a company within a group is taken out of that group and run under separate management, but with all or some of the same shareholders as previously. An indirect statutory demerger (also known as a three-cornered demerger) involves a parent company declaring a dividend in specie, consisting of either a subsidiary or business assets to another company (Newco), and that Newco issuing shares to the shareholders of the parent company in satisfaction of the dividend in specie.
Q&As
Note that a lease specified to be for life or lives or for any term of years terminable on death is converted by section 149(6) of the Law of Property Act 1925 (LPA 1925), into a lease held for 90 years determinable after the end of the life or lives, with the result that such a lease is a 'settlement', being terminable at a date ascertainable only by reference to a death. We do not have a specific Precedent but see the following
Q&As
Notice to repair (Jervis and Harris notice) See Dilapidations—overview for more information regarding using Jervis and Harris clauses including the following link to a Precedent Jervis and Harris notice: Landlord’s notice to repair, where the lease contains a covenant to repair on notice: Encyclopaedia of Forms and Precedents [800]. Interim damages claim The alternative option is for the landlord to bring a claim for damages