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NEWS
Law360, London: The Digital Operational Resilience Act (DORA), which came into force on 17 January 2025, has set tough new rules for financial businesses in the EU to prevent disruptions in digital services from external providers .Nathaniel Lalone, partner at Katten Muchin Rosenman LLP, explores how DORA could have an impact on some UK financial entities.
NEWS
Law360: The Financial Conduct Authority's (FCA)’s successful prosecution of a former Goldman Sachs analyst for insider dealing provides new insights into what a determined criminal will do to get around compliance procedures and break the law.
NEWS
Law360: Max Hill KC, the former head of the Crown Prosecution Service (CPS), was persuaded to join King & Spalding LLP as a consultant in its special matters and government investigations practice partly because of the changing economic crime landscape in the UK.
NEWS
Law360: On 18 September 2024, the UK Supreme Court handed down judgment in its decision to unanimously uphold the granting of an anti-suit injunction restraining Russian proceedings brought in breach of an agreement to refer disputes to arbitration in Paris.
NEWS
Law360, London: The insurance market faced major upheaval during 2020 when the UK crashed out of the EU during 2020 without a deal on financial services, which started a transition to a new way for British insurers to compete in Europe.
PRACTICE NOTES
The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010, SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022. Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see below: This Practice
GLOSSARY
As with a four-way meeting but with the attendance of a fifth person eg a neutral financial adviser or a family consultant who will ideally also be collaboratively trained.
NEWS
Law360: The Department for Work and Pensions (DWP) must take immediate and urgent action to address a string of 'unnecessary points of friction' around pension transfer flagging rules, wealth management company Quilter plc said on 12 June 2024.
GLOSSARY
A requirement of copyright law for a 'work' to be recorded in some permanent form to give rise to protection, rather than simply existing as an idea of concept. Fixation does not necessarily mean that a copyright work has to be reduced to a written; it can be recorded in any other form such as electronically, on film or recorded as a sound.
GLOSSARY
The merging of fixed and mobile services into an integrated service whereby the customer will be offered both fixed and mobile services and will receive one bill and/or receive and make calls using one terminal.
NEWS
Pensions analysis: In this case, the First-Tier Tribunal (FTT) revoked a Fixed Penalty Notice (FPN) where a company had not received Compliance Notices due to a change of address of its registered office, and the notices had been returned to the Pensions Regulator (tPR). The company applied to tPR for a review, only to have the penalty upheld. Upon appeal to the FTT, the FTT considered that tPR had taken a blinkered approach to the issues, and had it considered properly the issues raised by the company, it would have revoked the penalty. The decision is helpful to practitioners in this field for its criticism of tPR’s approach. The decision is also notable for the FTT considering awarding costs against tPR for its conduct of proceedings. Written by Elizabeth Grace, barrister at Outer Temple Chambers.
NEWS
Pensions analysis: The First-tier Tribunal dismissed the appeal of the taxpayer (L), a member of the National Health Service (NHS) Pension Scheme, against HMRC’s decision to revoke his Fixed Protection 2012 (FP 2012) certificate because L’s accrued pension benefits had exceeded the threshold for fixed protection. The fixed protection legislation requires a comparison of the value of the pension arrangement at the beginning of the tax year with the value of the arrangement from time to time in the tax year to ensure that it does not exceed the threshold. In determining whether L was over the threshold, an issue arose as to the meaning of ‘year’ in Regulation C1(6) of the National Health Service Pension Scheme Regulations 1995 when calculating L’s final year’s pensionable pay. Written by Scott Redpath, barrister at Temple Tax Chambers.