This response assumes the firm is holding retention monies in client account on a number of historic matters. The regulatory requirements under the SRA Standards and Regulations vary, depending on the amount held in each matter. You must ensure client money is returned promptly to the client, or the third party for whom the money is held, as soon as there is no longer any proper reason to hold it. The

We assume that no formal lease was entered into with the tenant. The tenant may have acquired some sort of tenancy by virtue of being in occupation. This may be a tenancy at will or periodic tenancy (see Practice Notes: Periodic tenancies and Leases and licences of land—key features and differences). It is also possible that an oral lease could have been created, if the agreed term did not exceed three years (Law of Property Act 1925, ss 52 and 54). Therefore, it may not be the case that the tenant had ‘no legal interest’, and in which

The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance for judges and practitioners offering practical solutions to some of the issues being raised in connection with coronavirus, including this question. See Court of Protection: Guidance

We refer you to Security for costs—overview which you may find useful for your purposes. As well as containing a Security for costs—overview, it also contains the following: • Practice Note: Security for costs—making an application—this sets out information to assist when making an application for security for costs. This covers the letter of request to the other side for such security and the court application if such security is not provided. It identifies the documents

Since the consolidation of Brexit, the debate concerning British identity has been intense. The National Centre for Social Research examines people's conceptions of British identity and sources of national pride and whether concepts of national identity are different between England and Scotland.

The Companies Act 2006 (CA 2006) and the Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015, SI 2015/17 (the Names and Trading Disclosures Regulations 2015), require UK companies to make certain trading disclosures including in relation to the company's name, share capital, directors and registered office. The Names and Trading Disclosures Regulations 2015, SI 2015/17, regs 21–22 require a company to display its registered name at various locations,

For applications for entry clearance and permission submitted on or after 16 May 2024, when assigning a Certificate of Sponsorship in the Creative Worker route, the sponsor must ensure either that: • the applicant complies with the relevant Code of Practice, where one exists for the occupation they would be working in, or • where no relevant Code of Practice exists for the occupation, the applicant must: ◦ be performing a role in the creative industries that appears in Immigration Rules, Appendix Skilled Occupations, and ◦ be able to demonstrate that they can make a unique contribution to creative life in the UK Prior to this change, where no relevant Code of Practice existed, the role either had to appear in the Shortage Occupation List (SOL) (replaced by the Immigration Salary List from 4 April 2024) or the sponsor had to be satisfied that it could not have been filled by a settled worker, having taken into account the needs of the resident labour market

ARCHIVED: This Practice Note is based on provisions revoked on 1 April 2013. It is therefore for historical purposes only. Introduction The court has a very wide discretion to determine whether costs are payable, the amount to be paid and when they are to be paid. The court must also decide whether: • to make a summary assessment of the costs or order detailed assessment of the costs by a costs officer. See Practice Notes Summary assessment (prior to April 2013) [Archived] and/or Detailed assessment: starting the process (prior to April 2013) [Archived] • the basis upon which it will assess the costs, ie on a standard or indemnity basis Standard basis—tests applied The CPR applies tests of proportionality and reasonableness when assessing costs on a standard basis as follows: • the costs must not be unreasonably incurred or unreasonable in amount • the costs must be proportionate to the matters in issue • the court must resolve any doubt as to whether costs were reasonably incurred or

Information Law analysis: This case analyses the legal principles around breach of confidence, inducement and procurement, conspiracy to injure by unlawful means, and malicious falsehood in a claim that the first and second defendants, having set up their own company (D3), deliberately pursued a ‘Grand Plan’ to resign and set up in competition with the claimant by exploiting the claimant’s database to target its customers. The defendants asserted that they had used legitimate marketing activities to target the claimant’s customers. This case is a valuable reminder of the applicable legal principles in these areas, with particular relevance for civil fraud practitioners. However, perhaps more important is the detailed analysis in the judgment as to how the courts will assess conflicting evidence. It is also a lesson in how the courts will assess witness credibility, which albeit in the context of a civil fraud and dishonesty claim is of relevance to disputes practitioners generally. Written by Rachel Ziegler, partner and Sharon Kennedy, lead knowledge counsel, Bryan Cave Leighton Paisner LLP.

Private Client analysis: The High Court resolved a dispute between two sons concerning the disposal of their father’s body, where no personal representative had clear authority. Applying established principles and exercising its statutory power under section 116 of the Senior Courts Act 1981 (SCA 1981) alongside its inherent jurisdiction, the court weighed the deceased’s expressed wishes against practical considerations. It directed burial in England, departing from the deceased’s earlier preference for burial in France due to changed circumstances and concerns about delay and meaningful attendance. The decision illustrates the court’s flexible, issue-specific approach and willingness to impose detailed directions, emphasising that prior wishes are influential but not determinative. Produced in partnership with Jonathan Edwards of Radcliffe Chambers.

Environmental, social, and governance (ESG) is taking the world by storm. However, while ESG may seem like a relatively new concept, the reality is that non-financial risks and opportunities, and board governance over those matters, have existed for a long time, even before the term ‘ESG’ was first coined back in 2005. However, what is newer is that ESG creates a series of lenses through which companies can assess whether, and to what degree, they need to exhibit greater risk-creativity and strategic creativity. This how to guide outlines the steps that companies should take when creating an ESG board committee. As ESG and sustainability expectations evolve, questions arise around how best to structure board oversight of relevant ESG matters . The short answer here is that, as is the case with traditional areas of corporate governance, there is no one-size-fits-all approach. For some companies the right answer will exist in better defining the scope of the responsibilities of their existing board bodies; for others, the right answer will exist in creating a new

This Practice Note provides a ‘How to’ guide on how to acquire parental responsibility. It considers the definition of parental responsibility in the Children Act 1989 (ChA 1989), how parental responsibility can be acquired at birth and also by an unmarried father, step-parent, female parent or others. The procedure for parental responsibility applications and non-court dispute resolution requirements are considered. The duration of parental responsibility is also set out. This Practice Note assumes a basic understanding of the background to, and the mechanics of, private children proceedings. It should be read in conjunction with the following Practice Notes: • The meaning and scope of parental responsibility • Acquisition of parental responsibility by unmarried fathers • The effect of an unmarried father acquiring parental responsibility • Acquisition of parental responsibility by female parents, and • Acquisition of parental responsibility by step-parents and others See also: Parental responsibility—client guide and Procedural guide—parental responsibility. What is parental responsibility? Parental responsibility is defined in ChA 1989 as all the rights, duties, powers and responsibilities and authority that, by