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GLOSSARY
Islamic jurisprudence.
NEWS
IP analysis: The General Court dismissed DecoTrend’s challenge to a European Union Intellectual Property Office (EUIPO) Board of Appeal decision remitting invalidity proceedings concerning its registered EU design for a lampshade. It held that individual character must be assessed against specific, precisely identified earlier designs, not against a patent specification as a whole or by importing technical descriptions and unrelied-on figures. The identified drawings did not visibly disclose the alleged concave indentations or foldability. The court also declined to determine invalidity itself because the Board had not ruled on the merits. Practitioners should define prior art precisely, address only the case advanced, apply the informed-user test notwithstanding a patent-based disclosure, and ensure that appellate relief does not exceed the decision actually under challenge. Produced in partnership with Michael Smith of Three Stone Chambers.
NEWS
Environmental campaign group, Fighting Dirty, has been granted permission for judicial review of the Environment Agency's (EA) decision to remove a commitment to have sewage sludge tested for microplastics and forever chemicals before it is spread on agricultural land as fertiliser. Fighting Dirty will argue in court that the EA failed to consider mandatory relevant factors and to make sufficient inquiries, and that its decision to remove the deadline for action and not replace the target date is irrational. The High Court hearing has been listed to be heard on 9 July 2024 at the Royal Courts of Justice.
NEWS
Fighting Dirty, a legal environmental campaign group has secured a commitment from the Environment Agency (EA) to review its approach to waste tyre exports after issuing a pre-action protocol letter on 28 February 2025. The EA's response (dated 25 March 2025) outlines plans for a three-month internal review examining the current 'green list' classification of waste tyres, which permits unrestricted exports to countries including India. The review will involve consultation with industry stakeholders, trade associations and foreign authorities. The development follows BBC investigations revealing unregulated processing of UK tyre exports in Indian pyrolysis plants.
PRACTICE NOTES
1. Have there been any recent developments regarding the Fiji merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Fiji? Not particularly. Fiji’s competition policies and laws are outdated. In April 2020, the Fijian Government issued a Competition and Consumer Policy Statement (Statement). The Statement proposes legislative amendments including amendments to the pre-notification merger regime. The proposed reform includes: • maintenance of a pre-merger notification regime. All mergers that meet a threshold to be prescribed (ie market share, transaction value, domestic/global turnovers) must be notified • mergers/acquisitions which are not notified in advance and which may substantially lessen competition will be subject to remedial actions including being legally voided However, there does not appear to have been much progress since April 2020 and there is no clear indication of when the proposed reforms are likely to be introduced. 2. Under Fiji merger control law, is the control
CHECKLISTS
This Checklist is intended for law firms. It can be used to ensure necessary tasks have been carried out to enable a client matter file to be closed, stored and destroyed in line with your regulatory obligations and matter management procedures. It should be read in conjunction with Practice Note: How to close a client matter—law firms. Housekeeping Requirement Compulsory or recommended? Comments (if any) ☐ Establish a process to ensure files are reviewed for loose ends before being closed. Recommended (Insert any comments you may wish to make regarding your firm’s arrangements) ☐ Have a process for ensuring property belonging to the client is:—returned to client and client acknowledged receipt, or—placed into store and storage log updatedSee Precedents: Receipt of documents—client acknowledgment and Client property storage log. Recommended (Insert any comments you may wish to make
PRECEDENTS
Click for an Excel version of the file audit/review register. Please
PRECEDENTS
1 Preliminary data Review details Response Reason for review(Tick all that apply) ☐ Complaint☐ Routine file audit/review☐ Fee earner request☐ AML audit☐ Other ([insert reason]) Is the client/matter high risk? ☐ Yes☐ No[If yes, insert brief details as to why it is high risk] Date of review [Insert date] File reference number [Insert number] File name [Insert file name] Reviewer [Insert name] Conducting fee earner [Insert name] 2 File opening Item checked Is the item compliant Comments and corrective actions File opening procedures followed ☐ Yes☐ No☐ N/A [Insert any comments and/or corrective actions required] Appropriate client due diligence (CDD) completed in accordance with [insert details of your policy/policies, eg AML, CTF and counter-proliferation financing policy—law firms and Financial sanctions policy] ☐ Yes☐ No☐ N/A [Insert any comments and/or corrective actions required] Costs information provided, including:—basis of charging—likely overall cost—when fees may change—any other costs for which the client may be responsible ☐ Yes☐ No☐ N/A [Insert any comments and/or corrective actions required] Client's requirements and objectives established ☐ Yes☐ No☐ N/A [Insert any comments and/or corrective actions required] Client given clear explanation of the issues involved and the options available to them ☐ Yes☐ No☐ N/A [Insert any comments and/or corrective actions required] Client advised at the outset of the
PRACTICE NOTES
There is no specific regulatory requirement to have a file audit/review process. However, firms that have or wish to achieve Lexcel accreditation must have a file review system in place and professional indemnity (PI) insurers often enquire about a file review system as this is a sign of good risk management. This Practice Note sets out the reasons why you should have a file review system and explains how to implement and maintain a successful system in your firm. Regulatory requirements SRA regime Although there is no specific regulatory requirement to have a file review process, the SRA does require you to have an effective system for supervising clients' matters—see Practice Note: Supervision—regulatory requirements—law firms and Precedent: Supervision policy—law firms. Where you supervise or manage others providing legal services: • you remain accountable for the work carried out through them, and • you must effectively supervise work being done for clients You must ensure the individuals you manage are competent to carry out their role, and keep their professional knowledge and skills, as well
PRECEDENTS
1 General information Client name(s) [Insert client name(s)] File reference number [Insert file reference number] Matter type [Insert brief description of the matter, eg contract dispute] Fee earner [Insert name of fee earner] Supervisor [Insert name of supervisor] File risk rating(Please tick) ☐ Low☐ Medium☐ High Name of any other parties and relationship to client [State name and of any other parties and relationship to client, eg opponent/seller/buyer] If matter involves a dispute, does the other party have the means to pay? [State what is known about the other
PRECEDENTS
1 Client’s demands and needs What risk does the client need to insure and why? [Describe the risk the client needs to insure and why] What checks have you made to establish whether the client has existing insurance that may cover this risk? [Describe the checks you have made to establish whether the client already has insurance or other indemnity that may be suitable, eg under their household insurance policy or via a trade union] 2 The recommended insurance What type of policy are you recommending? [Insert, eg Title indemnity insurance] Name of proposed insurance provider(s) How much is the premium or how is the premium calculated? [Insert amount or formula] Is this
PRECEDENTS
  File content type Action Retainer documents (ie client care letter, instructions, conflict check, initial letter to client, etc) Keep File and attendance notes, correspondence and emails (ie communications) Keep Pleadings Consider