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PRACTICE NOTES
This Practice Note considers disclaimers, in particular email disclaimers, and provides suggested wording. See also Precedent: Email notices and email footers. Introduction A disclaimer is a device intended to exclude or limit liability under contract, tort (particularly negligence) or statute. Disclaimers are also referred to as exclusion, limitation of liability or exemption clauses and commonly take the form of a notice or a clause within a set of terms and conditions. For a disclaimer to be effective, the party seeking to rely on the disclaimer must give notice of the disclaimer to the other party. Timing is critical—notice must be given before the other party can give their assent (whether express or implied through conduct) to the disclaimer. Without notice, a party cannot agree to a disclaimer. Without assent, a disclaimer cannot be enforced against the other party. Drafting cannot cure the absence of notice and assent. What constitutes notice and assent will depend on the context—ie the surrounding circumstances. The more onerous the disclaimer is, the more obvious it must be. The obvious way for a party to give
NEWS
On 12 July 2024, HM Courts and Tribunals Service (HMCTS) confirmed that in the Family Division of the High Court a new email naming convention and document upload centre (DUC) are being introduced to streamline the process of sending bundles to the court and improve document security.
PRECEDENTS
Trading disclosures [registered name] is a [limited company OR limited liability partnership] (number [registered number]) registered in [part of the United Kingdom where registered] whose registered office is at [registered address]. Notices and disclaimers Confidentiality notices [This email, including its contents and attachments, is confidential. If you have received it in error, please immediately notify the sender and permanently and securely delete it. Do not use, reproduce or disclose it in any way. OR This email is confidential and is intended only for the recipient identified in its body. Any use, reproduction or disclosure by any person of any part of this email, including its contents and attachments, without the express consent of the sender is not permitted and may constitute a breach of confidentiality.] Disclaimers of views expressed [Any opinions or views [or advice] expressed in this email are personal to the sender and are not to be attributed to the employer or principal. OR Any opinions or views [or advice] presented in this email are solely those
PRECEDENTS
Dear All We have completed our [insert frequency eg quarterly or annual] file [insert description eg audit or review] period. Our [insert description eg audit or review] shows that we have made significant improvements in areas such as [insert any improvements
NEWS
Law360, London: Revelations that a Serious Fraud Office (SFO) official instructed investigators to be wary of putting their concerns about a case in email illustrates how attritional disputes over disclosure shaped the agency's approach at a time when it was under intense scrutiny over its handling of evidence.
GLOSSARY
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GLOSSARY
A key measure of the value of a life company representing the net assets of the company plus the PVFP.
GLOSSARY
The change in the embedded value over the course of the financial year.
NEWS
Law360, Expert analysis: 31 July 2024 was a significant date for financial services firms, marking the deadline for implementing the Consumer Duty for closed products and services, and also the date by which firms had to produce their first annual board report on compliance with the duty. Written by Nicola Higgs, partner and global co-chair of the financial institutions industry group, and Becky Critchley, counsel, at Latham & Watkins LLP.
PRACTICE NOTES
This Practice Note provides guidance on how to embed learning and development (L&D) into the in-house legal department by ensuring it is aligned with business strategy, is incorporated into day to day activities and that employees are engaged. Positioning L&D in the organisation L&D is often viewed as a standalone function that is detached from the day-to-day running of the organisation. For it to deliver maximum value for money it needs to be an integral part of the business. To do that it must: • be clearly aligned with the business strategy • engage with employees on an individual level • produce measurable results For further information about measuring the results of L&D, see Practice Note: In-house lawyers—Building the business case for learning and development. Aligning L&D with the business strategy Strategic L&D goals and measures must be set and included within the firms business plan for L&D to be fully integrated into a business. These goals need to filter down to department and individual level. Type of goal What
PRACTICE NOTES
This Practice Note provides guidance on how to embed learning and development (L&D) into a firm by ensuring it is aligned with business strategy, it is incorporated into day-to-day activities and employees are engaged. Positioning L&D in the firm L&D is often viewed as a standalone function that is detached from the day-to-day running of the firm. For it to deliver maximum value for money it needs to be an integral part of the business. To do that it must: • be clearly aligned with the business strategy • engage with employees on an individual level • produce measurable results For further information about measuring the results of L&D, see Practice Note: Building the business case for learning and development. Aligning L&D with the business strategy Strategic L&D goals and measures must be set and included within the firm’s business plan for L&D to be fully integrated into the business. These goals need to filter down to department and individual level. Goals Description of goals Strategic L&D goals These should support
GLOSSARY
Embezzlement describes the dishonest appropriation or misuse of property or funds by a person who is already in lawful possession of them, typically in a position of trust (for example, an employee, director, trustee or agent). In modern UK and Irish law it is mainly a descriptive term: the underlying offences are charged under statutory or common law provisions rather than a standalone crime of “embezzlement” in most jurisdictions.In England and Wales and Northern Ireland, conduct commonly labelled embezzlement is usually prosecuted as theft, fraud by abuse of position, false accounting or related dishonesty offences under the Theft Act and Fraud Act regimes. In Ireland, similar behaviour is captured by theft and fraud offences under the Criminal Justice (Theft and Fraud Offences) Act 2001.Scotland is the main exception: embezzlement remains a distinct common law crime, involving the appropriation of another’s property by someone who received it on behalf of the owner. Across all four jurisdictions, the concept is significant in criminal prosecutions, disciplinary proceedings, internal investigations, regulatory enforcement, and civil recovery actions involving breach of fiduciary duty or breach of trust.