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PRACTICE NOTES
This Practice Note considers the deemed authenticity of disclosed documents under CPR 32.19, the burden of proving the authenticity of a document, when to serve a notice to prove a document and its impact on a claim and the civil courts’ approach to authenticity. This Practice Note should be read in conjunction with: • Disclosure—overview • Inspection—overview • Disclosure—technical glossary A party is deemed to have admitted the authenticity of a document disclosed under CPR 31, unless the party that wishes to challenge its authenticity serves a notice under CPR 32.19. Such a notice indicates that the challenger wishes the discloser of the document to prove its legitimacy at trial. If no such notice is served, but the party challenging the authenticity of a document chooses to cross-examine a witness called by the disclosing party about it, a complication over the deeming of admission of authenticity may result. However, a pragmatic approach is usually adopted. Questioning the witness does not automatically mean that the deemed admission of authenticity by the party calling the witness
GLOSSARY
The author of a copyright work is the person who creates it. The author is, unless they are employed, the first owner of the work.
NEWS
Law360: An author whose contract was cancelled after she expressed anti-transgender views online cannot revive her discrimination case against her publisher, as an appeals court dismissed her appeal that she was an 'employee' for the purposes of section 83(2)(a) of the Equality Act 2010 (EqA 2010).
GLOSSARY
1. See Licence or Permit. 2. A specific consent for the disposal and accumulation of radioactive waste required under the Radioactive Substances Act 1993 which still applies in Scotland and Northern Ireland but has been replaced in England and Wales by the need for operators to hold an environmental permit under the Environmental Permitting (England and Wales) Regulations 2016.
CHECKLISTS
This Checklist highlights key areas for firms new to consumer credit, covering key management and compliance considerations under the Financial Conduct Authority (FCA) regime. It groups issues thematically, including authorisation, threshold conditions, the Senior Managers and Certification Regime (SM&CR), systems and controls, business planning, FCA Principles and the Consumer Duty and ongoing regulatory obligations, including compliance with the Consumer Credit sourcebook (CONC) and the Consumer Credit Act 1974 (CCA 1974). For more detailed information, including details on the application process, see Practice Note: FCA authorisation of consumer credit firms. Scope and regulatory status • Does the firm’s activities constitute regulated consumer credit activities under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO)? See Practice Notes: The general prohibition and implications of its breach and Regulated activities relating to consumer credit • Does the firm provide (or intend to provide) buy now pay later (BNPL)/deferred payment credit (DPC) style products? Lenders offering DPC agreements to finance
GLOSSARY
An AGA is an agreement whereby an assignor guarantees the performance by the assignee of the lease covenants from which the assignor has been released. It must be entered into where consent to assign is conditional on the assignor guaranteeing the performance of the tenant covenants by the assignee.
GLOSSARY
means[, in relation to a party, any of the following only to the extent that they are engaged by that party in connection with the performance of their obligations in connection with the Agreement: its[ officers, directors, members, partners,] employees[, consultants, subcontractors] or professional advisers and that of its Affiliates[, and any other person who has been previously approved in writing by the other party] OR the individuals listed in Schedule [insert Schedule number] to this Agreement];
PRACTICE NOTES
Authorised payments v unauthorised payments A pension scheme that has registered with HMRC benefits from favourable UK tax treatment. Broadly, this means that any income and gains arising in the hands of the UK registered pension scheme on its investment activities is exempt from UK taxation. For members, a registered pension scheme represents a tax efficient investment vehicle to provide for an income in retirement, subject to the existence of various pensions allowances (eg the annual allowance) which place limits on the tax-efficiency of pensions. For further information, see: Pensions allowances—overview. A UK registered pension scheme must satisfy certain conditions. Among other things, on registration, the scheme administrator must confirm that the pension scheme meets all the criteria to be registered as a pension scheme under the Finance Act 2004 (FA 2004). Importantly, as part of this, the scheme must confirm that the ‘instruments or agreements’ by which the pension scheme is established do not entitle any person to unauthorised payments. For information on the registration requirements, see Practice
GLOSSARY
An Authorised body is a legal services body which has been authorised by the SRA under its Authorisation Rules to practise as a licensed body or a recognised body.
GLOSSARY
Any officer in one of the following whom the Lord Chancellor has authorised to assess costs: —the County Court —a district registry —the Family Court —the High Court —the Costs Office
PRACTICE NOTES
Disclosures made under POCA 2002 The money laundering regime under the Proceeds of Crime Act 2002 (POCA 2002) requires individuals to make a disclosure in respect of transactions they are undertaking on another person’s behalf, in order to obtain a defence to one of the principle money laundering offences. For more information on the principle money laundering offences, see Practice Note: Money laundering offences under the Proceeds of Crime Act 2002. POCA 2002 provides for three types of disclosures: • a protected disclosure • an authorised disclosure, and • voluntary disclosures, required notifications and joint disclosure reports pursuant to POCA 2002, ss 339ZB–339ZG (see Voluntary disclosures, required notifications and joint disclosure reports below) There are similar provisions in relation to disclosure and offences for failure to disclose under the counter-terrorist financing regime provided for under sections 19–21 of the Terrorism Act 2000 (TA 2000). For more information, see Practice Notes: Counter-terrorist financing and Reporting suspicions of money laundering and terrorist financing. Voluntary disclosures, required notifications and joint disclosure reports Voluntary disclosures Voluntary
GLOSSARY
The rules governing payments by a registered pensions scheme to sponsoring employers and former sponsoring employers are referred to as the authorised employer payments.