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PRACTICE NOTES
This Practice Note sets out the procedure for applying for a special guardianship order (SGO), identifying the application forms, the respondents and anyone else to whom notice must be given. It explains about the notice that must be given to the local authority to prepare a report and what the report must cover. It also covers what directions might be relevant and the withdrawal of an application. An SGO is an order made under the Children Act 1989 (ChA 1989) appointing one or more individuals to be a child’s special guardian, or special guardians. An applicant for an SGO must be 18 or over and not the parent of the child in question. For further details, see Practice Notes: Special guardianship orders and The effects of special guardianship orders. Legislative framework The legislative framework in relation to SGOs is provided by ChA 1989, ss 14A–14F, which is supplemented by regulations, in particular the Special Guardianship Regulations 2005, SI 2005/1109 (SGR 2005) (as amended) and the Special Guardianship (Wales) Regulations 2005, SI 2005/1513 which relate mainly to support services, as
PRECEDENTS
Highways Act 1980, Section 56 Proceedings for an Order to Repair a Highway To: [Insert name and address of the highway authority or other person or body which is believed to be liable to maintain the highway or bridge in question] From: [Insert name and address of the complainant] 1 The highway [or bridge] known as [insert
NEWS
Dispute Resolution analysis: In Cathay Pacific Airlines Ltd v Lufthansa Technik AG, a dispute about an aircraft engine maintenance agreement, the court held that the claimant should not have commenced proceedings under CPR Part 8 and determined that the case would continue as a CPR Part 7 claim instead. Richard Blakeley, barrister at Brick Court Chambers, examines the High Court’s decision.
PRACTICE NOTES
The Proceeds of Crime Act 2002 (POCA 2002) came into force on 24 February 2003. It applies to acts of money laundering committed after that date. It is immaterial when the actual underlying crime took place. Offences POCA 2002 establishes a number of money laundering offences including: • three principal money laundering offences of: ◦ concealing ◦ arranging ◦ acquiring • failure to disclose • tipping-off and prejudicing an investigation The principal offences apply to everyone. Certain failure to disclose and tipping-off offences only apply to persons engaged in the regulated sector. For more information on what constitutes activities in the regulated sector, see Practice Note: Money laundering—key information for businesses. The principal offences POCA 2002 replaced parallel drug and non-drug money laundering offences under the Criminal Justice Act 1988 (CJA 1988) and the Drug Trafficking Act 1994 (DTA 1994). It marked a substantial change in the principal money laundering offences. The three principal offences of concealing, arranging and acquiring do not distinguish between the
PRACTICE NOTES
The Proceeds of Crime Act 2002 (POCA 2002) came into force on 24 February 2003. It applies to acts of money laundering committed after that date. It is immaterial when the actual underlying crime took place. This Practice Note discusses key details of the Proceeds of Crime Act 2002 (POCA 2002), which applies to acts of money laundering. It is intended for law firms. Offences POCA 2002 establishes a number of money laundering offences including: • three principal money laundering offences of: ◦ concealing ◦ arranging ◦ acquiring • failure to disclose • tipping-off and prejudicing an investigation The principal offences apply to everyone. Certain failure to disclose and tipping-off offences only apply to persons engaged in the regulated sector. For more information on what constitutes activities in the regulated sector, see Practice Note: Money laundering—key information for law firms. The principal offences POCA 2002 replaced parallel drug and non-drug money laundering offences under the Criminal Justice Act 1988 (CJA 1988) and the Drug Trafficking
PRACTICE NOTES
This Practice Note explains the provisions of the Proceeds of Crime Act 2002 (POCA 2002) dealing with information sharing in the regulated sector and, in particular, POCA 2002, Pt 7 (money laundering) which makes provision for voluntary disclosures, required notifications and joint disclosure reports (so-called ‘superSARs’). These provisions should be read alongside the principal money laundering offences of: • concealing, arranging or acquiring, using or possessing criminal property (see Practice Notes: Money laundering offences—concealing, disguising, converting, transferring and removing, Money laundering offences—acquisition, use and possession and Money laundering offences—the arrangement offence) • failing to disclose a suspicion of money laundering by an individual in the regulated sector, a nominated officer in the regulated sector or by another nominated officer (see Practice Note: Money laundering offences—failure to disclose offences) • tipping off in the regulated sector and prejudicing an investigation that might be conducted following a disclosure made (see Practice Note: Money laundering offences—tipping off and prejudicing an investigation) The provisions governing information sharing in the regulated sector deal
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of Principal] [of OR a company incorporated in [insert jurisdiction] under number [insert registered number] whose registered office is at] [insert address] (Principal); and 2 [insert name of Process Agent] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Process Agent) (each of the Principal and the Process Agent being a party and together the Principal and the Process Agent are the parties). BACKGROUND The Principal wishes to appoint the Process Agent to provide the Services (as defined in clause 1) and the Process Agent has agreed to do so on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement, unless otherwise provided: Business Day • means a day other than a Saturday, Sunday or public holiday[, on which clearing banks are open for non-automated commercial business in the [City of London]]; Commencement Date • means [the date of this Agreement OR [insert date]]; Expenses • means any costs or disbursements which are proportionate in amount and reasonably incurred by the Process Agent in providing the Services under this Agreement
PRECEDENTS
1 Process agent Party A irrevocably appoints [name] of [address] in England and Wales as its process agent to receive on its behalf service of process in any proceedings brought in the jurisdiction
PRECEDENTS
1 Process agent Party A irrevocably appoints [name] of [address] in England and Wales as its process agent to receive on its behalf service of process in any proceedings brought in the jurisdiction of England and Wales. Such service will be deemed completed
PRACTICE NOTES
Article 8 of the European Convention on Human Rights 1950 (ECHR), which is incorporated into domestic law by section 1 of the Human Rights Act 1998 (HRA 1998), sets out a right of respect for private and family life. Every immigration practitioner needs to be able to explain the process needed for making an Article 8 claim and the connected issue of the likely prospects of success. This Practice Note covers the process for making an immigration Article 8 claim, including when an application form is needed, when one is not needed and the options available where an application is refused. What evidence to submit with an Article 8 claim This Practice Note should be read alongside practical guidance on specific application routes. It is important that Home Office decision-makers assessing Article 8 claims have up to date evidence before them when they make a decision. New evidence can be submitted when an Article 8 claim is first submitted, while a claim is pending or during an appeal. In general a tribunal can consider
PRACTICE NOTES
Your organisation’s inevitable demands for increases in productivity cut across the entire business, so they apply to the legal department just as much as to any other department. There is always a pressure to get more done with less resource, and as leader of the legal team you need to re-evaluate what your team does and how it does it. This all boils down to process management. If you understand your team’s workflows, including those of your external service providers, you are better placed to manage that work effectively. This Practice Note, together with the Precedent: Process management—step plan, suggests some ideas you could adopt to better manage the legal department’s processes. Focus on what your organisation most needs It is recommended that you prioritise the legal department’s work according to what is strategically important for the business. As with so many aspects of legal operations, an understanding of your organisation’s long-terms goals and objectives is essential to enable you to ensure that the legal department can align its skills and resources to the organisation’s strategy. A
PRECEDENTS
Task Points to consider Actions ☐ Prioritise the legal department’s work according to what is strategic for the business A review of the legal department’s budget and activity will help you to assess how the legal team can work more effectively and achieve the right outcomes for the organisation. An understanding of your organisation’s long-terms goals and objectives will help you to ensure that the legal department can align its skills and resources to the organisation’s strategy. For more guidance, see:—Practice Note: Understanding business strategy—Practice Note: Aligning the legal team to the business—Precedent: Strategic planning—step planWhich are the high-value activities that the legal department engages in and which are the low-value ones?Consider how to stop/outsource/re-process low-value activity.Is all the work done by the legal department still appropriate/relevant?