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PRECEDENTS
Client: Fee-earner: Matter: Reviewer: Matter Number: Date: File opening: Yes No N/A Correction/action points Is client clearly identified? Appropriate checklists completed? Opening risk assessment done? Terms of engagement sent and does it comply with SRA requirements? Initial
NEWS
Dispute Resolution analysis: On appeal from a decision of a costs judge, Mr Justice Freedman has upheld a firm’s practice of rendering final monthly bills (excluding disbursements) and has held that the client faces a strict one-month limitation period for seeking detailed assessment of each of those bills under section 70 of the Solicitors Act 1974 (SA 1974). Written by Phillip Patterson, barrister, Gatehouse Chambers.
PRECEDENTS
The monthly budget predicts what income will flow into the firm and what financial expenditure will flow out each month, resulting in a net profit prediction. Breaking down your annual income
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Every month between January 1973 and May 2025, Michael Rubenstein wrote a 'Highlights' introduction to that month's issue of the Industrial Relations Law Reports (IRLR). Below are links to the full archive of IRLR Highlights articles, in reverse date order: 2025 Month Link May [2025] IRLR 315 April [2025] IRLR 235 March [2025] IRLR 175 February [2025] IRLR 91 January [2025] IRLR 1 2024 Month Link December [2024] IRLR 937 November [2024] IRLR 863 October [2024] IRLR 771 September [2024] IRLR 689 August [2024] IRLR 615 July [2024] IRLR 529 June [2024] IRLR 437 May [2024] IRLR 347 April [2024] IRLR 259 March [2024] IRLR 175 February [2024] IRLR 89 January [2024] IRLR 1 2023 Month Link December [2023] IRLR 949 November [2023] IRLR 875 October [2023] IRLR 793 September [2023] IRLR 705 August [2023] IRLR 603 July [2023] IRLR 509 June [2023]
PRACTICE NOTES
Title Montreal Protocol on Substances that Deplete the Ozone Layer 1987. Protocol to the Vienna Convention for the Protection of the Ozone Layer 1985 (1985 Vienna Convention). Parties Universal ratification. The first United Nations (UN) Treaty to gain such global application. Revisions Adjustments: 1991, 1992, 1993, 1995, 1996, 1997, 1998, 1999, 2000, 2007 & 2018Amendments: London 1990, Copenhagen 1992, Montreal 1997, Beijing 1999 & Kigali 2016 Location Montreal, Canada Came into force 1 January 1989 Subject Protection of the ozone layer What is the Montreal Protocol? The Montreal Protocol is a protocol to the 1985 Vienna Convention, which is a framework convention, aimed at: • restricting activities likely to damage the ozone layer • cooperation in gathering and exchanging information on the effects of human activities on the ozone layer The Montreal Protocol creates a timetable for phasing out and eliminating the production and use of substances that deplete the ozone layer. Revisions were made to the Protocol following
NEWS
Family analysis: The Supreme Court’s much-anticipated judgment confirms unequivocally that the sharing principle does not apply to non-matrimonial property. Sharing of matrimonial property will usually be 50:50, though there may be a departure from equal division where justified. Non-matrimonial property typically has either a pre-marital origin, or, where it is received during the currency of the marriage, an external source (eg an inheritance). Title to an asset is expressly not determinative as to whether that asset is or is not matrimonial. Though non-matrimonial property may become matrimonial (ie ‘matrimonialisation’) this will depend on how the parties have been dealing with the asset and whether, over time, they have been treating that asset as shared between them. The concept of matrimonialisation is to be applied neither ‘widely’ nor ‘narrowly’ (contrary to what the Court of Appeal had held)—again, the enquiry should focus on how the parties have dealt with the asset. Where an asset is transferred from one spouse to another with the intention to save tax (as had occurred in the case), this will not normally show that the asset is being treated as shared. The Supreme Court ultimately upheld the decision to dismiss the wife’s appeal, though it did not wholly agree with the Court of Appeal’s reasoning. Pursuant to that decision (made on the sharing basis) the wife would be provided with circa £25m of the total assets figure of circa £132.6m, being half of the matrimonial assets figure of £50.48m. David Wilkinson, solicitor at Slater Heelis, considers the judgment.
NEWS
Law360: Monzo Bank Ltd launched 1 July 2024 three new security features to add a layer of protection for payments and pot withdrawals exceeding a daily allowance while addressing the growing concern of phone theft and fraud.
NEWS
MLex: UK online bank Monzo has been told that a criminal money laundering investigation into it by the country's financial regulator has been halted, but civil proceedings against it continue.
GLOSSARY
One of the rating agencies.
NEWS
Property analysis: Simply mooring a boat is not sufficient evidence of intention to possess for an adverse possession claim to succeed.
GLOSSARY
Moorside is NuGen’s project which originally aimed to develop three AP1000 reactors on land in West Cumbria, North West England. In late 2017 Toshiba announced that KEPCO was its preferred bidder to acquire NuGen
PRACTICE NOTES
What are the moral hazard powers? Broadly, the moral hazard powers of the Pensions Regulator (TPR) under the Pensions Act 2004 (PeA 2004) and underlying regulations enable it to circumvent corporate structures and impose liabilities on third parties that are connected and associated with the employer of a defined benefit pension scheme, provided certain statutory conditions are met. TPR’s moral hazard powers are powers to impose: • a contribution notice (CN)—where one of four tests is satisfied: ◦ the material detriment test—where there is an act or a deliberate failure to act that is materially detrimental to the scheme ◦ the main purpose test—where the main purpose of the act or deliberate failure to act was to prevent the recovery of all or part of a debt under section 75 of the Pensions Act 1995 (employer debt) ◦ the employer insolvency test—where, if an employer debt had fallen due, the act or deliberate failure to act would have materially reduced the amount of the debt likely to be