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PRACTICE NOTES
This Practice Note sets out the steps to be taken on an application for a reporting restriction order under the Family Procedure Rules 2010 (FPR 2010), PD 12I (Applications for reporting restriction orders) and the Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders), also known as the Cafcass Practice Note. It includes guidance on how to make an application, grounds for exclusion, the factors the court will consider, the scope of a reporting restriction order and the reporting restriction order issued as part of the standard orders project. Accredited media representatives and duly authorised lawyers have the right to attend hearings in family proceedings. See: Media access and transparency—overview. For details of the general principles in relation to an application for a reporting restriction order and giving advance notice of applications for reporting restriction orders to the national media via the Press Association Injunction Applications Alert Service (formerly CopyDirect) and notice to parties other than the media, see Practice Note: Reporting restriction orders and notifying the media. See also: Reporting
PRACTICE NOTES
In law, the default position when dealing with applications for reporting restrictions is the general principle that all proceedings are conducted in public. This is a reflection of the common law principle of open justice which is also reflected in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909. Where necessary, the criminal courts can restrict the reporting of certain public hearings, restrict the public’s attendance at hearings, withhold information from the public during a hearing or order that a trial take place in private. The powers to make such orders come from a wide range of legislative provisions, many of which are listed below. Open justice and reporting restrictions The open justice principle that the administration of justice is carried out in public is both a hallmark and a safeguard of the rule of law: • it encourages witnesses to come forward and to be truthful • it helps maintain public confidence in the trial process and the administration of justice • and it reduces the scope for inaccurate and ill-informed comment The
PRACTICE NOTES
You may have a regulatory or professional duty to keep the affairs of your customers confidential and the circumstances in which you can disclose information about your customer may be very limited. The Proceeds of Crime Act 2002 (POCA 2002) imposes an obligation to report knowledge or suspicions of money laundering by way of a suspicious activity report (SAR). There are heavy criminal sanctions for failing to do so. The Terrorism Act 2000 (TA 2000) contains a duty to disclose information where you know or suspect that another person has committed or is about to commit a principal terrorist property offence. Counter-proliferation financing is an established component of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. Requirements in relation to counter-proliferation financing were introduced into the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 through the Money Laundering and Terrorist Financing (Amendment) (No 2) Regulations 2022, SI 2022/860. While counter-proliferation financing requirements cover the appointment of a nominated officer,
PRACTICE NOTES
You have a strict duty to keep the affairs of your clients confidential. The circumstances in which you can disclose information about your client are very limited. The Proceeds of Crime Act 2002 (POCA 2002) imposes an obligation to report knowledge or suspicions of money laundering by way of a suspicious activity report (SAR). There are heavy criminal sanctions for failing to do so. The Terrorism Act 2000 (TA 2000) imposes duties to disclose information concerning offences under sections 15–18. Outside the regulated sector, section 19 applies where a person believes or suspects that another person has committed such an offence, based on information received in the course of a trade, profession, business or employment. In the regulated sector, section 21A applies where a person knows or suspects, or has reasonable grounds for knowing or suspecting, that another person has committed or attempted to commit such an offence, based on information received in the course of that business. These duties are subject to the applicable statutory exceptions and defences. Counter-proliferation
PRACTICE NOTES
This Practice Note: Reporting suspicions—FAQs is intended for law firms. It covers the following frequently asked questions in relation to suspicious activity reports (SARs) under the anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing regime: • Do I have to make a SAR where I’ve been unable to apply CDD measures? • Do I have to make a SAR where I've stopped acting or declined to act for a client due to the presence of a money laundering risk factor? • Will I breach my duty of client confidentiality by submitting a SAR to the NCA? • How long should I retain records relating to a SAR, and is the retention period affected by whether or not the SAR concerned involved a request for consent/a defence? Counter-proliferation financing is an established component of the anti-money laundering (AML) and counter-terrorist financing (CTF) regime. Requirements in relation to counter-proliferation financing were introduced into the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 through the Money Laundering and
CHECKLISTS
This Reporting suspicions Checklist pulls together requirements under the Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000) in relation to the obligation to report knowledge or suspicions of money laundering or terrorist financing. It also includes recommended good practice in relation to the prevention of money laundering and financing of terrorism, drawn from the SRA Preventing Money Laundering and Financing of Terrorism thematic review and various SRA AML reports and publications. The Checklist signposts relevant Precedents you can use or adapt to comply with these requirements and recommendations. There is a section for you to mark whether you have completed each requirement and also to insert comments or note action points. For more guidance, see Practice Note: Reporting suspicions of money laundering and terrorist financing—law firms. Requirement Compulsory or recommended? Comments (if any) ☐ Appoint a nominated officer Compulsory, unless the exemption in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, reg 21(6) appliesThe nominated officer is the
PRACTICE NOTES
The terms of your PII policy may impose ongoing obligation to report certain facts, matters or changes to your practice. There are also some matters that are good practice to advise to help maintain a healthy relationship with your insurer. The provisions in policies vary, but this Practice Note sets out the essentials. The issues set out in this Practice Note are not exhaustive and you may want to speak with your broker or insurer about specific circumstances or facts. It is important to ensure your insurer has a clear picture of the risk they are underwriting. You should maintain a healthy relationship with your insurer to help them develop this picture. Claims or circumstances It is a requirement of your insurance that you disclose any claims or potential claims (circumstances) as soon as possible. Failure to do so may prejudice your cover. Disclosing circumstances on a precautionary basis can be seen as a sign of good risk management by insurers, which would expect to see the majority of firms notifying at least
PRACTICE NOTES
This Practice Note discusses the key common issues to consider and report to a lender (often referred to as a funder) in an investment real estate finance transaction. It does not deal with solving any title or other issues (see Checklist: Key issues for funder's property lawyers in real estate finance transactions—checklist) but focuses on the key concerns for lenders and when to report issues to the lender. Importance of reporting to a lender The lender will have obtained a substantial amount of information regarding the property and proposed business plan from the borrower as part of the early discussions on the availability of a loan and whether the property and any other relevant assets are suitable security. This information will be provided to the lender before the heads of terms are agreed and is used by the lender as the basis for its calculations on the level of finance available and the borrower's ability to repay the loan. The lender's solicitor's job in reporting to the lender is to confirm that
NEWS
A recent retrospective analysis by the Center for Innovation in Regulatory Science (CIRS) compared how long global regulators take to review and approve new active substances (NAS) in their respective jurisdictions between 2015 and 2024. They compared international regulators from the European Medicines Agency (EMA), US Food and Drug Administration (FDA), the Japan Pharmaceuticals and Medical Devices Agency (PMDA), Health Canada, Swissmedic, and the Australian Therapeutic Goods Administration (TGA). Highlight findings from the CIRS report include that Japan's PMDA had the shortest median approval time in 2014, with 290 days and continued to lead, the FDA followed with 356 days, Health Canada with 363 days, TGA with 369 days, EMA with 430 days, and Swissmedic with 444 days. Over half of all new drug applications were filed with the FDA first and it approves the highest number of NAS each year. FDA also topped the list of approvals for products that used the expedited review pathway in 2024, with 59% of products with expedited review getting approved. EMA did not approve any NASs under its accelerated assessment process, which, according to CIRS, was either because they were withdrawn or converted to standard review products. Swissmedic also published a benchmarking study for 2024 comparing its drug approvals with those of EMA and FDA. It found that its drug authorisation times are 'catching up with EMA' with submission and approval gaps between Swissmedic and EMA narrowing. The approval gap between Swissmedic and the FDA also narrowed, although approval times were significantly faster in the US, and the submission gap widened.
NEWS
The European Commission has announced that Google, Meta, Microsoft, TikTok and other major online platforms and signatories of the Code of Practice on Disinformation have released a fourth set of reports, which outline their actions to combat the spread of disinformation online, specifically focusing on the June 2024 European elections. The reports include information on the co-operation between the signatories to ensure integrity during the European elections and their experience of the Code's Rapid Response System. A set of Structural Indicators have been published alongside the reports, with insights on the prevalence of and engagement with online disinformation during the electoral period across four Member States. The signatories also note the steps they took to protect against generative AI creating and disseminating disinformation.
PRACTICE NOTES
Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order a local authority to investigate the welfare of a child if it appears that a public law order, namely a supervision order or a care order, may be appropriate. The investigation will result in a report, often referred to as a ‘section 37 report’. See also subtopic: Care and supervision orders. When should the court order a section 37 report? When determining whether a section 37 direction should be made, the child’s welfare will be the paramount consideration. The wording of ChA 1989, s 37 is wide. A direction may be made under this provision within ‘any family proceedings’ in which a question arises with respect to the welfare ‘of any child’. This empowers the court to direct a section 37 report within proceedings for: • any type of order under ChA 1989, s 8, or • a parental responsibility order, or • any application that could be deemed to come within the
PRACTICE NOTES
This Practice Note details the power of the court in family proceedings to make a direction under section 7 of the Children Act 1989 (ChA 1989) for a welfare report to be prepared by an officer of the Children and Family Court Advisory and Support Service (Cafcass), a Welsh family proceedings officer or someone from the local authority. It sets out when such a report might be necessary, what a section 7 report should cover and the attendance of children and family reporters at court and the recommendations of a report. It also details the Child impact assessment framework introduced by Cafcass. Under ChA 1989, s 7, a report (often referred to as a section 7 report) may be directed when a court is considering any question with respect to a child under the ChA 1989. Such a report may be requested from an officer of the Children and Family Court Advisory and Support Service (Cafcass), a Welsh family proceedings officer or someone from the local authority, on such