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PRECEDENTS
1 The separate business Name of separate business [insert name] Relationship between this firm and the separate business [describe relationship, eg the partners of this firm collectively own 50% of the separate business] Do any of the following factors apply:—you share the same or similar name, branding, or staff with the separate business—your premises are shared with or in close proximity to the separate business—you have shared or linked or websites or contact details with the separate business—you will (or may) conduct joint publicity with the separate business—the separate business will provide legal services that consumers may expect to be provided by a lawyer—clients seeking legal services will be first directed to the separate business—the name or branding of your firm and the separate business are similar? ☐ Yes☐ NoIf yes, you will have to take extra care at section 3 to ensure the client understands the difference in regulatory status between the SRA regulated firm and the separate business and the consequences of those differences, especially if the matter is to be divided with the separate business.
NEWS
EU Law analysis: The European Commission and the European Board for Digital Services have announced the integration of the revised voluntary Code of conduct on countering illegal hate speech online + (Code of Conduct+) into the framework of the Digital Services Act (DSA). Lisa Peets, partner, Martin Hansen, of counsel and Madelaine Harrington, associate of Covington & Burling LLP consider how Signatories implement the Code of Conduct+.
PRACTICE NOTES
Commencement The 2026 AIAC Rules took effect from 1 January 2026 (Guideline and Application, para A). Context Wider restructuring initiatives at the AIAC The adoption of the 2026 AIAC Rules is part of a wider restructuring initiative at the AIAC and reflect global best practices in commercial arbitration. In addition to the arbitration rules, the AIAC has also adopted updated rules on Islamic arbitration, mediation and sports arbitration. One of the key changes arising from the 2026 AIAC Rules is the establishment of the AIAC Court of Arbitration, which replaces the previous Director-centric model in the 2023 AIAC Rules. This approach aligns the AIAC’s processes with the standards of other key international arbitral institutions. Objectives The
PRACTICE NOTES
Comparison with traditional building or engineering contract The label 'EPC' contract (or 'turnkey' contract) is not a term of art. It is easier perhaps to start by identifying differences to other forms. The concept of the turnkey contract is a contract under which, once the project is complete and ready to be handed over to the user, it will require only the 'turn of a key' for the user to operate it. EPC stands for engineering, procurement and construction, clearly indicating: • a high level of risk allocation and responsibility imposed on the contractor under such contracts, and • a limited requirement for the client to be involved in the Works (other than essential monitoring) This can be contrasted with traditional domestic building or engineering contracts whereby the risks and responsibilities (including in respect of design) are more evenly divided between the contractor and client, and the client through its representatives may have considerable involvement in decision making throughout the construction period. Many UK domestic contracts now use standard forms with contractor design liability
PRACTICE NOTES
This Practice Note provides an introduction to food law in the EU. It provides an overview of the key definitions, general principles, key requirements and enforcement of food law with reference to the relevant provisions of the EU legislation. This Practice Note is focused on EU food law. Examination of UK food law is beyond the scope of this document. Key EU food legislation Following a series of food incidents in the late 1990s, the Commission realised the need to create a legislative framework, setting up general principles and requirements concerning food law. In 2000, the Commission proposed an integrated approach to food safety in its White Paper on Food Safety in response to the complexification of the food production chain. In 2002, as a result of the White Paper on Food Safety, Regulation (EC) No 178/2002 known as the regulation on general food law or General Food Law, was adopted to regain the trust of EU citizens in the safety of food within the EU market. The General Food Law introduces the general
PRACTICE NOTES
Purpose of this Practice Note This Practice Note serves as an introduction to EU financial services law through: • brief guidance • links within the Practice Note to materials mainly hosted on the EU’s website, and • commentary and analysis provided by the EU law module. Links are mainly to introductory materials, but they can often be followed through to more advanced analysis, if desired Some readers may find it helpful to read our An introduction to EU law before delving into EU financial services law. Introduction The EU comprises 27 countries in Europe, operating, in theory at least, as a single market. The market has extended into the European Economic Area (EEA) with three further European countries. The single market includes a sophisticated financial services sector with a regulatory regime considered by the EU institutions to set the standard for the rest of the world. Two treaties now form the constitutional basis of the EU, the Treaty on European Union (TEU) and the Treaty on the Functioning
PRACTICE NOTES
The Financial Services Enforcement Database incorporates detailed information on all substantive FCA and PRA Final Notices and, where available, Decision Notices from 2014 onwards. The Database may be searched and filtered by rule breach, keyword, sector, date, elements of financial penalty analysis, including seriousness, aggravating and mitigating factors, and other actions such as referrals to the Upper Tribunal. This Practice Note provides an introduction to Financial Conduct Authority (FCA) discipline and enforcement and the context for understanding when and why the FCA uses its formal enforcement powers. It sets out how the FCA uses enforcement to address serious misconduct, promote deterrence and drive behavioural change. It considers the the role of assertive supervision, the circumstances in which enforcement action is likely to be pursued, and the significance of the Enforcement Guide (ENFG). Key points • FCA enforcement is selective and risk‑based, and is used to advance the FCA’s statutory regulatory objectives rather than to pursue every regulatory breach • enforcement operates as part of a wider regulatory toolkit, alongside supervision
PRACTICE NOTES
Click the link below to download the training presentation. Contents • Restriction to testamentary freedom • Domicile • Eligible applicants—s 1(1), I(PFD)A 1975 • Reasonable financial provision • Power of court to make orders—s 2, I(PFD)A 1975 • Matters to which the court is to have regard • Time limits • Personal representatives position • Property
PRACTICE NOTES
This Practice Note introduces the Istanbul Arbitration Centre (ISTAC), the role of the ISTAC’s governing bodies in the administration of arbitrations, the ISTAC Arbitration Rules (ISTAC Rules) and the ISTAC Mediation-Arbitration Rules (ISTAC Med-Arb Rules). Established in 2015, the ISTAC provides a comprehensive and flexible arbitration framework for resolving both domestic and international disputes. The ISTAC Arbitration Rules, based on international best practices, ensure efficiency, impartiality, and confidentiality. The ISTAC Rules offer practical solutions for a wide range of disputes and are recognised for their flexibility, expedited processes, and cost-effectiveness. Since 2019, ISTAC has also offered Med-Arb as a dispute resolution mechanism, introducing as the first set of rules in the world specifically designed for the combined use of mediation and arbitration. Introduction to the ISTAC In general The ISTAC is an independent institution offering arbitration and mediation services to international and domestic parties. Its services are available to all entities and individuals, regardless of membership, making it an accessible forum for resolving
PRACTICE NOTES
What are JSOP awards? Jointly owned shares are no more and no less than their description implies, namely shares owned jointly by an employee or director and a third party, either an investor in the company or, more commonly, the trustees of an employee benefit trust (EBT). The concept of joint share ownership was developed as an alternative to other forms of share incentives such as share options, restricted shares or performance share plans (often using nil cost options). The benefit delivered under a joint share ownership plan (JSOP) award is equal to the increase in share value post-grant (normally increased by a ‘carrying cost’), and therefore a JSOP award is similar to a market value share option but with a different tax treatment. Commercial rationale The JSOP structure has several commercial advantages compared with other forms of awards. These include: Compared with share options or performance share plans with delayed share acquisition: • a direct alignment of the interests of the participants and other shareholders due to the participant acquiring immediate beneficial ownership
PRACTICE NOTES
This Practice Note provides a broad introduction to the Private Finance Initiative (PFI). It looks at what PFI is, the structure of a typical PFI project and its key features. It also considers PFI’s successor, ‘PF2’. In the 2018 Budget (delivered on 29 October 2018), it was announced that the government will no longer use PF2 on new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). However, existing PFI and PF2 projects will continue to run and, given the typical lifespan of such projects, this is likely to be for many years. What is PFI? PFI is a method of procuring the design, build and operation of public services and public sector infrastructure projects such as hospitals, schools, leisure facilities, social housing, waste management, emergency services, defence, roads and highways, social care and prisons. PFI was introduced in 1992 by the Conservative government and enthusiastically embraced by their Labour successors. It was seen as a way of taking public projects off the country's balance sheet and working with the private sector
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Tier 1 (Entrepreneur) category was designed for people who wanted to join an existing UK business or establish their own business in the UK. The rules for this visa category are contained in paragraphs 245D–245DF of Part 6A of the Immigration Rules and paragraphs 35–53 of Appendix A of the Immigration Rules. The relevant rules relating to the English language and maintenance requirements are contained in paragraphs 1–15 of Appendix B and paragraphs 1A–3 of Appendix C respectively. The Home Office policy guidance can be viewed at Guidance on application for UK visa as Tier 1 (Entrepreneur). Who is eligible? This category closed to new applicants on 29 March 2019 although dependants can still apply to join a main applicant who has been granted leave as a Tier 1 (Entrepreneur). Extension applications for existing Tier 1 (Entrepreneur) migrants remained open until 5 April 2023 and applications for settlement (permanent residency also known as Indefinite