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GLOSSARY
Legal advertising refers to the promotion and marketing of legal services by solicitors, barristers, law firms and other authorised legal practitioners, including online marketing, websites, social media, print, broadcast and directory listings. It covers how firms describe their services, fees, expertise, testimonials and case outcomes to attract clients. In the UK and Ireland, legal advertising is generally permitted but strictly regulated to protect consumers and uphold the integrity of the profession. It must not be misleading, confusing, comparative in a deceptive way, or make unjustified claims about success rates or specialism. Regulation is primarily through professional conduct rules rather than specific “legal advertising” statutes. Relevant rules are set by, for example, the Solicitors Regulation Authority and Bar Standards Board (England and Wales), the Law Society of Scotland, the Bar Associations in Scotland and Northern Ireland, and the Law Society of Ireland and Bar of Ireland. Across all four jurisdictions, advertising must be accurate, verifiable where claims are made, respectful of confidentiality, and compliant with rules on referrals, fee sharing, and use of the term “specialist”. Breach can lead to disciplinary action, fines, or reputational damage.
Q&As
Legal advice privilege Legal advice privilege protects from inspection: • confidential • communications • between A (the client or internal agent) and B (the professional legal adviser or in-house lawyer) • for the sole or dominant purpose of giving or obtaining • legal advice or assistance on A’s rights and liabilities and what should prudently and sensibly be done in the relevant legal context The case of Price Waterhouse (a firm) v BCCI Holdings (Luxembourg) SA provides authority for use of an intermediary. Justice Millett (as he then was) held [at 588]: ‘Legal professional privilege attaches to all communications made in confidence between a client and his legal adviser for the purpose of giving or obtaining legal advice. Litigation
GLOSSARY
The privilege which protects communications between a person and his legal adviser for the purpose of seeking advice on his rights or obligations.
GLOSSARY
A means of funding litigation, whereby a party to the litigation receives legal advice on a free or subsidised basis.
NEWS
Law360: British regulators are pressuring the insurance industry in the name of consumer protection, but at the expense of business growth and security, a report by an alliance of global insurance-focused law firms said on 23 May 2024.
PRACTICE NOTES
What is an assignment An assignment is the transfer of a right or an interest vested in one party (the assignor) to another party (the assignee), for example, the transfer of the employer’s rights under a building contract to the purchaser of the completed works. In this Practice Note, the other party performing the obligations under the contract is referred to as the 'obligor'. The effect of a valid assignment is to entitle the assignee to demand performance of a contractual obligation, for example, an entitlement to ask for defects to be corrected and/or a right to bring proceedings. This Practice Note considers the different ways in which parties can give effect to an assignment in construction documents (eg construction contracts, appointments and collateral warranties), and their implications. For further information on: • what an assignment is, why it arises in a construction context, how it operates and what steps are needed to put in place effective assignments, see Practice Note: Assignment in construction contracts • circumstances in which the assignment of rights may be restricted,
PRACTICE NOTES
Background and approach ARCHIVED: This review looks at legal and regulatory developments in the sphere of equity capital markets (ECM) in 2019 and forms part of our annual trend report which aims to provide insight into the current dynamics of ECM activity in the UK. The other parts of our 2019 trend report comprise: • IPOs in 2019—Main Market and AIM [Archived] • Secondary Offers in 2019—Main Market and AIM [Archived] • Standard listings in 2019 [Archived] • Risk factor disclosure in 2019 IPOs [Archived] Brexit The UK entered an implementation period on 31 January 2020 during which existing EU laws continue to apply to the UK. The listing, prospectus and transparency regimes that apply in the UK (and are largely derived from EU law) continue to apply in the implementation period in the same way as before Brexit. However, UK representatives will no longer be permitted to participate in EU institutions and other bodies. The Financial Conduct Authority (FCA) is therefore no longer a member of any of
PRACTICE NOTES
French Forced Heirship (Réserve héréditaire) The concept of Forced Heirship under French Law Forced heirship (réserve héréditaire) is a legal concept specific to French law. It refers to the mandatory portion of an estate which the law reserves for certain heirs, known as héritiers réservataires. In principle: • if the deceased had children then the only forced heirs are his or her children, regardless of whether the deceased was married or not; • if the deceased is married and has no children, the surviving spouse becomes a forced heir; • other forms of union (including civil partnerships such as a pacte civil de solidarité (PACS) do not confer automatic succession rights The portion of the estate that remains once the forced heirship entitlement has been allocated is known as the quotité disponible. This portion may be freely disposed of by will or lifetime gift, in favour of any person, whether or not related to the deceased. Contrast with English Law English law is based on the principle
GLOSSARY
A legal assignment is 'an immediate transfer of an existing proprietary right, vested or contingent from one party to another'. Assignments can occur by consent or by operation of law.
GLOSSARY
A party has the legal burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.
GLOSSARY
The principle requires that the law must be clear, precise and unambiguous, and its legal implications foreseeable.
NEWS
MLex: A legal challenge against the tender for the UK’s first single feed of real-time data on bond trades and prices from multiple trading venues risks delaying a key component of efforts to improve transparency in the fixed-income market.