Refine By
Clear all filter
About 92185 results for "*"
Q&As
Existing lease The current use permitted by most existing leases is unlikely to be affected by the legislative changes, because the majority of existing leases will typically to be drafted so that the ‘Permitted Use’ is pursuant to one of the previous Use Classes Orders or the Use Classes Order as ‘at the date of the lease’ (or similar wording). Where this is the case, the permitted use will remain unchanged by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (the 2020 Regulations), SI 2020/757, and any proposed changes of use will be subject to landlord’s consent (in accordance with the terms of the lease). If, however, the ‘Permitted Use’ is defined as the Use Classes Order ‘from time to time’ or ‘as amended’ (or similar wording) then the
PRACTICE NOTES
ARCHIVED: The Trade Union Act 2016 (TUA 2016) includes a number of significant and controversial changes to the legal landscape affecting trade unions and industrial action. This archived Practice Note: • outlines the development and status of TUA 2016 • provides details of the changes which have not yet been brought into force Development and status of the Act In the Queen's Speech 2015 the Government announced that it would bring forward a Trade Union Bill which would introduce: • a requirement for more than 50% of a union’s members to vote in order for a strike ballot to be valid (and retain the requirement for there to be a simple majority of votes in favour) • time limits on a mandate following a ballot for industrial action • a requirement that 40% of those entitled to vote must vote in favour of industrial action in certain essential public services (eg health, education, fire, transport) • measures to tackle intimidation of non-striking workers during a strike • a transparent opt-in process for the political
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note provides an overview of the implementation of and key changes introduced by the EU Transparency Directive and EU Transparency Directive Amending Directive in the UK. It states the law as at February 2019 and has not being updated for the UK’s withdrawal from the EU. This Practice Note provides a brief overview of the Directive 2004/109/EC of the European Parliament of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (Transparency Directive), its history, content and implementation in the UK. History and implementation The Transparency Directive arose as part of a broader project initiated by the European Commission known as the Financial Services Action Plan (FSAP). The FSAP aimed to establish the legislative framework for developing a single market for financial services in the EU. The Transparency Directive provided for the harmonisation of transparency requirements across the EU with the aims of:
PRACTICE NOTES
Introduction On 7 October 2024, the Payment Systems Regulator (PSR) and the Bank of England introduced a new mandatory reimbursement framework in relation to payment services providers (PSPs) dealing with customers that are victims of Authorised Push Payment (APP) fraud. In the PSR’s own words, APP fraud happens when a fraudster tricks someone (typically a consumer) into sending a payment to an account outside of their control. The most common categories of scams can be classified as follows: • ‘malicious payee’—a typical example of this is when a fraudster tricks someone into purchasing goods which do not exist or are never received; and • ‘malicious redirection’—by way of illustration, this type of fraud can happen when a fraudster impersonates a member of staff at a bank to get someone to transfer funds out of their bank account and into that of a fraudster In-scope payment firms The APP fraud reimbursement requirement applies to the following categories of payment firms: • all payment
PRACTICE NOTES
Corporate governance is the system of rules, practices and processes that are put in place to manage and control a company. A business that has effective corporate governance policies in place is likely to build an environment of trust, transparency and accountability and contribute to a more inclusive society by ensuring the interests of all its stakeholders are balanced. Good corporate governance is also believed to contribute to successful company performance and help businesses foster growth, long-term investments, financial stability and business integrity. The UK Corporate Governance Code (UKCG Code) is a central part of the UK’s corporate governance regime. It is administered by the Financial Reporting Council (FRC). Evolution of the UKCG Code Following a number of high profile corporate scandals, the Committee on the Financial Aspects of Corporate Governance was established in May 1991 to review the aspects of the UK corporate governance relating to financial reporting and accountability. The committee was chaired by Sir Adrian Cadbury and its final report, The Financial Aspects of Corporate Governance, was published in December 1992 (it is usually
PRACTICE NOTES
Background The Financial Reporting Council (FRC) is responsible for corporate governance in the UK, and as such also has responsibility for publishing and maintaining a single code of good corporate governance practice. This is now known as the UK Corporate Governance Code (the Code) (formerly known as the Combined Code). The Code consists of a set of main ‘Principles’ and supporting ‘Provisions’, with a number of the Provisions being more prescriptive than the Principles. The latest version of the Code was published by the FRC on 22 January 2024 (the 2024 Code), which included only limited changes to the previous version of the Code which had been published in 2018 (the 2018 Code). Publication of the 2024 Code had followed a consultation published by the FRC on 24 May 2023 which supported the legislative reforms proposed in the government’s response to its May 2022 White Paper, Restoring Trust in Audit and Corporate Governance (for more details, see: Share Incentives weekly highlights—25 May 2023—Corporate governance). The FRC consultation had contained
PRACTICE NOTES
This Practice Note provides an overview of the key themes of Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018) and highlights particular issues of relevance to employment lawyers, as well as signposting more detailed guidance and other materials available. It takes into account provisions of the Data (Use and Access) Act 2025 (DUAA 2025) in force as at 5 February 2026 (see Practice Note: Data (Use and Access) Act 2025—employment implications). Updated guidance from the Information Commissioner’s Office (ICO) is still awaited. Assimilated law is the name given to EU-derived law which remains in force after the end of 2023. For further information, see Practice Note: Assimilated law. This Practice Note also contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. The UK General Data Protection Regulation (UK GDPR) The UK GDPR
PRACTICE NOTES
This Practice Note considers the various lawful and specific conditions for processing personal data and special category data in the employment context, under Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA 2018). It takes into account provisions of the Data (Use and Access) Act 2025 (DUAA 2025) in force as at 5 February 2026 (see Practice Note: Data (Use and Access) Act 2025—employment implications). Updated guidance from the Information Commission’s Office (ICO) is still awaited. For further information on data protection issues in employment generally, see Practice Note: The UK GDPR and DPA 2018: key data protection issues for employment lawyers. Together, Assimilated Regulation (EU) 2016/679, UK GDPR and DPA 2018 make up the UK GDPR regime. Assimilated law is the name given to EU-derived law which remains in force after the end of 2023. For more information, see Practice Note: Assimilated law. For a more detailed introduction to UK GDPR generally, see Practice Notes: The UK General Data
PRACTICE NOTES
IMPORTANT NOTE: The provisions of Data (Use and Access) Act 2025 (DUAA 2025) are being phased in. It is therefore necessary to confirm whether the provision under consideration has been brought into force by an applicable commencement regulation. This Practice Note provides an introduction to the basic data protection issues relevant to insurers when processing personal data under the UK General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), Data Protection Act 2018 (DPA 2018) and DUAA 2025. It focuses on the data protection principles, lawful basis for processing, data subject rights and exemptions. For a comprehensive overview of the UK GDPR, see Practice Note: The UK General Data Protection Regulation (UK GDPR). The insurance industry is particularly data rich. Insurers rely on the collection and processing of personal data for core activities such as assessing premiums, detecting fraud and handling claims. However, the complexities of the insurance industry and, in particular, its distribution chains, can result in practical challenges to compliance with data protection
PRACTICE NOTES
This Practice Note provides a summary of the UK GDPR regime. For a higher-level introduction to UK data protection laws, see Practice Note: Data protection law—new starter guide. The UK data protection law collection collates further key guidance on this regime and is a recommended starting point for research. For information on the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR), see Practice Note: The EU’s General Data Protection Regulation (EU GDPR). This Practice Note covers: • key legislation • material scope • territorial scope • key concepts • data protection principles • lawful basis for processing • processing special categories of personal data • processing of criminal conviction and offence data • data subject rights • accountability and governance • security • personal data breaches • international transfers of personal data • exemptions • the Information Commission • data protection fees • enforcement of the UK GDPR regime • criminal offences The processing of personal data by competent authorities for law enforcement purposes or by
PRACTICE NOTES
ARCHIVED: This Practice Note is not maintained and is for background information only. This archived Practice Note i) provides navigational information on the UK GDPR and accompanying Data Protection Act 2018 and ii) briefly summarises some of the contrasts with the EU GDPR. It focuses on the period from Brexit up to the assimilation of (previously ‘retained’) EU law at the end of 2023. Updated information on the topic, along with a more detailed comparison of the UK and EU regimes, can be found in Practice Note: UK GDPR and EU GDPR—comparison. This Practice Note serves as a reference guide to the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) and the Data Protection Act 2018 (DPA 2018) as applicable to general processing of personal data (the UK GDPR regime). This UK GDPR regime is derived from the EU data protection regime, the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR), which became directly applicable in all EU Member States on 25 May 2018 and which
PRACTICE NOTES
This Practice Note, in the form of Q&As, sets out some of the most common areas where Private Client practitioners (lawyers and non-lawyers) will have to consider UK General Data Protection Regulation (UK GDPR). The UK GDPR replaced the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) as the UK’s primary piece of data protection legislation with effect from 31 December 2020 and in order to reflect the UK’s exit from the European Union. The UK GDPR remained substantively identical to the EU GDPR at the outset. A 2025 reform (the Data (Use and Access) Act 2025) (DUAA 2025)) has introduced some targeted amendments to the UK’s data protection regime, but the UK GDPR’s core principles and definitions remain largely aligned with the EU GDPR, so guidance under the EU regime generally still applies. The UK data protection landscape also features other legislation, such as the Data Protection Act