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PRACTICE NOTES
This Practice Note supplements Practice Note: Trade secrets and confidential information—protection and enforcement, which identifies when confidentiality obligations arise and how these are typically dealt with in commercial contracts. Often businesses refuse to disclose information on the basis that this would breach confidentiality obligations. This Practice Note looks at how confidential information can be protected and how those objections can be overcome. Protection when creating information Clear contractual drafting It is important that confidentiality clauses are tightly drafted. For example, confidentiality clauses typically permit disclosures of confidential information where required by ‘applicable law’ or the rules of a ‘stock exchange’. If it is intended to allow disclosures permitted by ‘English’ law and/or the London Stock Exchange (as opposed to a foreign law or a foreign stock exchange) this should be made clear. Apart from confidentiality clauses, the use and disclosure of confidential information can also be restricted by other clauses. In particular, these include data protection clauses (which often restrict the use that can be made of personal data) and intellectual
CHECKLISTS
This Checklist summarises key practical guidance for criminal lawyers required to attend criminal proceedings conducted by live audio links or live video links. It should be read in conjunction with Practice Note: Practical guide to remote hearings in the criminal courts, which provides detailed practical guidance on, eg advance preparations, technical matters and attending the remote hearing itself using live link platforms such as the bespoke Cloud Video Platform (CVP) and Video Hearings Service (VHS). Note that from 1 October 2026, the Lady Chief Justice's Live Links in Criminal Courts Guidance 2026 (Live Links Guidance) implements a presumptive framework for live link directions which all practitioners should make themselves familiar with. See Practice Note: Guidance for live links in the criminal courts. Practitioners should read any relevant technical guidance relating to the downloading and installing of the live link platforms and joining and attending remote hearings. For further information, see Practice Note: Practical guide to remote hearings in the criminal courts. See also, Practice Note: Remote
CHECKLISTS
Practical tips for practitioners: • assume that the date of knowledge is the earliest date possible and work from that date until you can be absolutely certain that a later date applies • if there are any concerns regarding limitation, investigate any such issues at the outset of the case • never accept only the claimant’s own word on the date of knowledge or date on which the cause of action accrued. Corroborative evidence in the form of medical records is crucial • make sure you protect your client’s position. If you receive instructions from a claimant where limitation is due to expire shortly, you should either issue court proceedings protectively or agree an extension of time with the defendant’s solicitors or insurers to allow you more time to investigate the merits of the claim. It is acceptable to
PRACTICE NOTES
Overview of the practical issues Shareholders considering transferring the ownership of their company into an employee-ownership trust (EOT) will need to consider a number of practical issues both at the time the EOT is established and the transaction undertaken, and after the transaction is completed. Key practical issues include the following: • establishing the EOT and selecting trustees • funding the trust • running the EOT, including risks of disqualifying events, and • EOT administration For an introduction to what an EOT is, see Practice Note: Employee ownership trusts. For an example EOT deed, see Precedent: Employee Ownership Trust Deed. For consideration of some of the pitfalls and common mistakes to be aware of when setting up or operating an EOT, see Practice Note: Pitfalls of setting up and operating an employee-ownership trust. For more information about the considerations surrounding the sale by the trustees of an EOT of a company that is already held by that EOT, see Practice Note: Sale of a company out of an employee ownership trust. Establishing
GLOSSARY
A human activity that involves the introduction of a new source of exposure to people or increases an existing exposure. A new practice requires a justification decision.
PRACTICE NOTES
Compliance forecast key dates 2021–2022 It’s always a busy time for crime prevention, with developments at international, European and domestic levels. When? What? Will I have to do something? Sometime in 2022 Law Commission’s ‘options paper’ on failure to prevent offences expected to be provided to the Government—see: Other financial and corporate crime For information 24 January 2022 New version of the National Cyber Security Centre (NSCS) Cyber Essentials technical requirements is released—see: Cybersecurity Yes, for those affected February 2022 Change in format to the OFSI UK Sanctions List and OFSI Consolidated List—see: Other financial and corporate crime For information 10 March 2022 Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020 come fully into force—see: Anti-money laundering and counter-terrorist financing For information Anti-money laundering and counter-terrorist financing Amendments to the MLR 2017 UNCHANGED The final provisions of the Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020 will come into force on 10 March 2022. They will amend the
PRACTICE NOTES
This Practice Note identifies key actual and proposed regulatory or legislative changes affecting the legal sector as at 14 December 2021. It is intended to allow you to plan ahead. Whenever a predicted regulatory or legislative change occurs, we will report the change via our news updating service. We will also ensure we provide relevant guidance and, if necessary, amend or draft new Precedents. Compliance forecast key dates 2021–2022 When? What? Will I have to do something? 2021 UK government’s revised Modern Slavery Act 2015 statutory guidance expected to be published (originally expected before the end of 2020)—see: Modern slavery Yes Sometime in 2022 Law Commission’s ‘options paper’ on failure to prevent offences expected to be provided to the Government—see: Other financial and corporate crime For information 10 January 2022 ICO consultation on draft journalism code of practice closes—see: Data protection For information 12 January 2022 Updated Surveillance camera code of practice comes into effect—see: Data protection For information 24 January 2022 New version of the National Cyber Security
NEWS
Our new Practice Compliance forecast (as at 16 April 2024) is now live. This month we report on: (1) an update on the consultation on the effectiveness of the MLR 2017; (2) an update on the Digital Markets, Competition and Consumers Bill; (3) Regulation of AI by the ICO; and (4) a number of SRA consultations.
NEWS
Our new Practice Compliance forecast (as at 19 March 2024) is now live. This month we report on: (1) a consultation on the effectiveness of the MLR 2017; (2) the UK government’s sanctions strategy; (3) an update to the Digital Markets, Competition and Consumers Bill; and (4) ICO guidance on both biometric data and data protection fining.
NEWS
Our new Practice Compliance forecast (as at 20 July 2021) is now live. This month, we report on issues including (1) modern slavery (2) economic crime; (3) diversity data reporting; and (4) cybersecurity and cybercrime updates. You can rest assured we're tracking forthcoming regulatory changes so you can plan ahead.
PRACTICE NOTES
This Practice Note identifies key actual and proposed regulatory or legislative changes affecting the legal sector as at 21 June 2022. It is intended to allow you to plan ahead. Whenever a predicted regulatory or legislative change occurs, we will report the change via our news updating service. We will also ensure we provide relevant guidance and, if necessary, amend or draft new Precedents. Compliance forecast key dates 2022–2026 When? What? Will I have to do something? 2022 UK government’s revised Modern Slavery Act 2015 statutory guidance expected to be published (originally expected before the end of 2020)—see: Modern slavery Yes 2022 New NCA SAR Online Portal expected to go live—see: Anti-money laundering and counter-terrorist financing For information 1 September 2022 Money Laundering and Terrorist Financing (Amendment) (No 2) Regulations 2022 expected to come into force—see: Anti-money laundering and counter-terrorist financing For information 1 September 2022 Remaining provisions of the Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020, SI 2020/991, come into force—see: Anti-money laundering
NEWS
Our new Practice Compliance forecast (as at 22 May 2024) is now live. This month we report on: (1) an update to the UK’s national risk assessments on money laundering and terrorist financing and proliferation financing; (2) timelines for the new offence of failure to prevent fraud; (3) newly revised LSB requirements, guidance and a statement on first-tier complaints handling; and (4) an update on the LSB review of events leading up to the SRA Axiom Ince intervention and collapse of the SSB Group.