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PRACTICE NOTES
What is leadership succession planning? The successful replacement of a leader is a key challenge for any business, large or small. If mishandled it can significantly damage your business. Succession planning involves recruiting and developing talented individuals to take on the main leadership roles in your firm. The process will usually take years and will see people trained, developed and then promoted to ever more demanding roles. People are invigorated by the opportunities presented and your pool of talent increases. Good succession planning means you have a leader or leaders ready to take you forward whether you: • suddenly lose a key member of the leadership team • need a change of momentum or style • want to focus on new markets • are seeking to expand • face retirement challenges • have a merger to complete Succession planning is critical for all firms, especially firms that are dependent on one leader or a small number of leaders. If you have a range of talent at the ready or are planning far enough ahead, you
PRACTICE NOTES
This Practice Note provides guidance on the rules and procedure that relate to leading expert evidence. For guidance on the core principles and general considerations involved in the use of expert evidence in Scottish civil litigation, see Practice Note: Expert evidence in Scottish civil litigation—general considerations. Are there any pre-action requirements or other procedural rules regarding early disclosure of expert evidence? Pre-action protocols require parties to a dispute to work in advance of formally raising proceedings. They aim to encourage early communication and the exchange of information, including expert reports. Failure to comply with pre-action requirements can often have implications in expenses. Similarly, some procedures involve active case management from the court, including in relation to expert evidence. There are no mandatory pre-action requirements for ordinary actions, whether in the sheriff court or the Court of Session. However, some types of specialist procedure do require the proactive, early exchange of expert reports between the parties and indeed ongoing communication and discussion regarding expert evidence. Two of the main procedures
NEWS
Restructuring & Insolvency analysis: Following the High Court's refusal to sanction the Part 26A restructuring plan (RP) for Waldorf Production UK Plc, Mr Justice Hildyard agreed to issue a leapfrog certificate allowing the Plan Company to appeal directly from the High Court to the Supreme Court. The Plan Company argued that the Court of Appeal's approach in Thames Water and Petrofac was wrong, arguing that out of the money (OOTM) creditors could fairly have their rights released for nominal consideration where they would be no worse off than in the relevant alternative.
PRECEDENTS
Period of cover: [Insert period] 1 Responsibility The person responsible for this L&D plan is: [Insert the name of the person responsible for this plan, eg head of L&D/head of HR/training partner/other] 2 Business objectives What are the firm’s business objectives? [Insert business objective(s) taken from the business plan, eg to achieve net profit levels of 30% of
PRACTICE NOTES
This Practice Note provides guidance on learning and development (L&D) plans and covers: • what an L&D plan is • regulatory requirements • why an L&D plan is good practice • the content of an L&D plan • budgets and resources • the corporate fit of the L&D plan • why an L&D plan might fail • how the L&D plan can assist with recruitment and the induction of new employees • reviewing and monitoring L&D plans What is an L&D plan? An L&D plan sets out: • what the firm wants to achieve, eg its objectives • what learning outcomes are required to help the firm achieve its objectives, eg what staff need to do differently or better • the training courses and other learning events planned to help deliver each of the required outcomes • a schedule of L&D measures • evaluation methods to gauge success In larger firms the firm-wide L&D plan is likely to be broken down into divisional, departmental or site L&D plans. L&D plans
PRECEDENTS
Key information Information Details Name of firm [Insert firm name] Name of role holder [Insert name] Reports to [Head of Human Resources (HR) or HR manager or Head of Professional Standards and Training] Role type [Insert, eg full-time/part-time/contractor][If a contractor role, length of contract] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert type of work model] Date role commenced [Insert
PRECEDENTS
Key information Information Details Name of firm [Insert firm name] Name of role holder [Insert name] Reports to [Head of Human Resources (HR) or HR manager or Head of Professional Standards and Training] Role type [Insert, eg full-time/part-time/contractor][If a contractor role, length of contract] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert type of work model] Date role commenced [Insert date] Length
PRECEDENTS
In order to provide the best support we can to our managers, we would be grateful if you could answer the following questions as honestly as possible. Please base your responses on your personal experiences with your line manager. All of the answers you give will be treated in the strictest confidence. 1 Your details Name Department How long have you worked at the firm? Where are you based? ☐ Home☐ Office☐ Hybrid 2 You and your line manager When was the last time you had a one-to-one coaching session with your line manager? ☐ In the past 24 hours☐ Within the last week☐ Within the last month☐ More than one month ago☐ Never When
PRECEDENTS
1 Your details Name Job role How many direct reports do you have? How long have you held your current position? 2 Skills analysis The aim of this Learning needs analysis (LNA) questionnaire is to identify any skills gaps we can help you address through learning and development (L&D). 2.1 Skills required for your role Please complete the following table: Skill or activity Relevance and confidence level Do you need to do this to do your job effectively? Developing team performance ☐ Rarely/never had to do this☐ Done this before but don’t feel confident☐ Confident I can do this ☐ Yes☐ No Addressing under-performance ☐ Rarely/never had to do this☐ Done this before but don’t feel confident☐ Confident I can do this ☐ Yes☐ No Coaching ☐ Rarely/never had to do this☐ Done this before but don’t feel confident☐ Confident I can do this ☐ Yes☐ No Mentoring ☐ Rarely/never
GLOSSARY
A contract that creates a relationship of landlord and tenant.
GLOSSARY
Mutual agreement between landlord and tenant that the lease will determine before the term end in a manner not set out in the lease. An express surrender is achieved formally; a surrender by operation of law (implied surrender) occurs when the parties’ unequivocal conduct demonstrates the lease no longer continues.
PRECEDENTS
1 Reserve Fund 1.1 Definitions In this clause, the following additional definitions apply: Fund Account • an interest-bearing [trust] account [opened with [name of bank]] in the name of the Landlord; Reserve Fund • a fund which the Landlord may, but is not obliged to, establish and maintain from time to time in order to receive and hold a Reserve Fund Contribution; Reserve Fund Contribution • the amount (if any) in each Service Charge Period that the Landlord [(acting reasonably)] estimates as a fair annual contribution by the Tenant to the forward funding of [providing the Services OR regularly-recurring major items of [the Service Costs OR service charge expenditure] ] [(including, but not limited to, repair, decoration, maintenance and renewal)] and including any applicable VAT to the extent that the Landlord cannot obtain a credit for that VAT from HM Revenue & Customs. 1.2 Payment of Reserve Fund Contribution 1.2.1 The Tenant must pay the Reserve Fund Contribution to the Landlord, without any deduction or set-off, [on the first day of each Service Charge Period OR by equal instalments in advance on the Rent Days OR on [other]], but the first payment of the Reserve Fund Contribution is: