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Q&As
As noted in Practice Note: Stock lending and repo relief from stamp duty and SDRT, for the relief from SDRT to apply to a repo or stock lending arrangement involving chargeable securities, a number of conditions must be satisfied. One of those conditions requires ‘that securities of the kind concerned are regularly traded’ on a regulated market (section 89AA(2A)(b) of the Finance Act 1986 (FA 1986)), which applies if one of the parties to the repo or securities lending arrangement (referred to in the legislation as P or Q) is authorised under the law of an EEA state to provide certain investment services, or, in a case where the transaction is reported to a regulated market, multilateral trading facility (MTF) or a recognised
Q&As
The Acas Code of Practice on disciplinary and grievance procedures states (at paragraphs 16 and 38): 'If a worker’s chosen companion will not be available at the time proposed for the hearing by the employer, the employer must postpone the hearing to a time proposed by the worker provided that the alternative time is both reasonable and not more than five working days after the date
GLOSSARY
An accordion, or incremental debt feature, refers to a mechanism in the facilities agreement under which, provided certain conditions are met such as pro forma compliance with a leverage test, lenders under the facilities agreement who wish to do so can lend additional debt. The terms of the additional debt will typically be documented in an increase notice. An accordion or incremental debt flexibility should be distinguished from structural adjustment which typically requires the majority consent of the syndicate. Borrowing under the incremental facility mechanism only requires consent from participating lenders (provided the conditions set out in the facilities agreement are met).
GLOSSARY
An order requiring certain types of financial institution to provide certain information held by them relating to a customer for the purposes of an investigation.
PRACTICE NOTES
Account monitoring orders An account monitoring order allows an investigator to monitor the activity of a particular account held at a financial institution for up to 90 days after the order is made. A financial institution means a person carrying on business in the regulated sector. Account monitoring orders are available for the following types of investigation: confiscation, civil recovery, an exploitation proceeds and money laundering investigations. Account monitoring orders are not available for detained cash investigations, detained property investigations or a frozen funds investigations. The application Applications for account monitoring orders must be made in accordance with Criminal Procedure Rules 2025, SI 2025/909 (CrimPR 2025), Pt 47. Regard must also be had to Criminal Practice Directions 2023 (Crim PD), in particular Crim PD 11 (Investigation Orders). For information on the general procedure for obtaining investigation orders under the Proceeds of Crime Act 2002 (POCA 2002), including account monitoring orders, see Practice Note: POCA Investigation Orders—criminal investigations procedure. Applications should be made using the form accessible here. The application
GLOSSARY
The equitable remedy of account is available where a person in a fiduciary or other relationship to the claimant improperly receives profit or withholds money or property from the claimant.
PRACTICE NOTES
The remedies available in cases involving attempts to enforce post-termination restrictions may conveniently be divided between: • interim remedies available before final trial, and • remedies available following final trial of the case Interim remedies typically consist of injunctions—see Practice Notes: • Interim injunctions in employee competition claims and confidentiality claims • Springboard injunctions in employee competition claims • Delivery up orders in employee competition claims and confidentiality claims • Search orders and imaging orders in employee competition claims and confidentiality claims • Freezing orders in employee competition claims Although the court will usually order an expedited trial in employee competition cases, it is often the case that claims involving the enforcement of post-termination restrictions will never reach a final trial—the main battle between the parties tends to take place at an interim stage where the employer seeks, and the employee resists, the granting of injunctive relief. Once that initial battle is over, which tends to be relatively quick and less costly in terms of overall litigation costs, the parties
PRECEDENTS
In addition to the Precedents referred to in this Accountability, governance and compliance sub-topic, the following risk and compliance focused Precedents are also available in Lexis+® UK Risk & Compliance: Identifying and assessing data protection risks • Precedent: Small business GDPR
NEWS
Accountancy Europe has published factsheets that analyse the Omnibus Directive, which amends both the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD). The directives were adopted by the European Parliament on 16 December 2025. Under the updated CSRD, the scope is limited to large undertakings that employ over 1,000 people and generate an annual turnover of at least €450m, while listed small and medium-sized enterprises (SMEs) are fully exempt. Meanwhile, the CSDDD applies to EU companies with more than 5,000 employees and an annual turnover of €1.5bn, with Member States mandated to transpose the directive by 26 July 2028.
NEWS
The National Crime Agency (NCA) has announced that self-employed accountant, Abid Naveed, has handed over £1.9m to settle a civil recovery claim based on alleged links to a criminal gang responsible for laundering £160m of drug money. Evidence from the NCA case linked Naveed to a large-scale money laundering operation, which had been previously investigated by the NCA.
NEWS
The Crown Prosecution Service (CPS) has announced that an accountant has been imprisoned for 11 years and five months for ten counts of fraud and two counts of theft at Leeds Crown Court for defrauding the NHS, companies, and individuals of more than £1.3m. Stephen Day, who was a board member or trustee of eight companies, persuaded them to use his business for their payroll services and financial management operations. He would then take hundreds of thousands of pounds from their bank accounts. From 2012, Day applied and worked for three NHS trusts at the same time, claiming thousands of pounds from trusts based in Merseyside, Staffordshire and Cheshire. He also committed romance fraud by pretending to be in a relationship with a woman in order to steal money, while simultaneously being in a relationship with two men.
GLOSSARY
This is an Agency of the Scottish Government, which supervises the process of personal bankruptcy (sequestration) in Scotland and can act as trustee in sequestrations where no insolvency practitioner is nominated to act. It also records corporate insolvencies (receivership and liquidations only) in Scotland, but does not act as an Official Receiver.