Refine By
Clear all filter
About 91632 results for "*"
PRECEDENTS
We must not use a client account to provide banking facilities to clients or third parties. This is a strict requirement of rule 3.3 of the SRA Accounts Rules, which applies to our general client account and any separate designated client accounts. Allowing our client account to be used as a banking facility carries the risk that we may assist money laundering or similar offences. You must be aware of and comply with our policy on anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing when receiving client or office money. [This includes our separate policy on receiving cash.] The SRA can impose heavy penalties for breach of rule 3.3. There does not need to be a direct risk of money laundering, etc or any suggestion of impropriety. A breach of rule 3.3 in itself is sufficient for the SRA to impose a penalty on the firm and/or any individuals involved. We must only receive money into our client account where there is a proper connection between the funds and our delivery of legal
PRACTICE NOTES
STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. Distinction between selection and award criteria This Practice Note focusses on award criteria and the different types of evaluation methodologies that can be used by contracting authorities to select the winning bid in a public procurement
PRECEDENTS
This guide provides general information about the use of expert evidence (skilled witnesses) in Scottish civil court disputes. It explains what expert evidence is, how it is used and the practical steps involved. Your solicitor will provide specific advice based on the circumstances of your civil dispute. What is expert evidence and when is it needed? In many civil disputes, the court can decide the issues based on factual evidence alone. However, where the dispute involves technical, professional or specialist matters outside the court’s own knowledge, expert evidence may be required. Expert evidence is evidence from a suitably qualified person who uses specialist knowledge to help the court understand an issue that is technical or outside ordinary everyday experience. An expert witness can: • give factual evidence based on specialist examination/analysis (for example, measurements or testing), and • give opinions based on their expertise and the facts they are asked to consider (for example, what caused a defect, whether a professional met the relevant standard, or what a loss is likely to be worth) This is different from
PRACTICE NOTES
Framework agreements (sometimes referred to as master services agreements) are essentially umbrella agreements which provide standard terms and conditions for goods or services requested under individual 'call-off' contracts, often called statements of work or work orders. This Practice Note focuses on the use of framework agreements for the provision of services. Framework agreements can, however, be used effectively for the provision of any goods or services where the buying party is likely to require repeat goods or services over a period of time. Framework agreements can also be useful when entering into agreements for the provision of goods and services across a number of jurisdictions. While the framework agreement can set out the standard terms and conditions, a call-off contract (sometimes called a local enabling agreement, or local services agreement, in such circumstances) can set out country-specific terms. Framework agreements are used in both the public and private sectors; however, public bodies should be aware of and comply with applicable public procurement laws when entering into framework agreements. This Practice Note does not cover
NEWS
Family analysis: What issues do the courts frequently encounter when considering the granting of mirror orders in the course of international child contact proceedings? Tom Wilson, barrister at 1 Garden Court Family Law Chambers, discusses the practical implications of the decision in Re C-W (A Child).
PRACTICE NOTES
This Practice Note provides an overview of the questions which need to be asked when considering the use of performance conditions in an employee incentive plan. This Practice Note looks at: • what is a performance condition? • why are performance conditions used? • what criteria should be met when setting performance conditions? • performance conditions and corporate governance • typical performance conditions • performance periods • implementing the performance condition(s), and • how the performance plan is communicated and operated What is a performance condition? A performance condition is a pre-set condition which must be satisfied before the award holder is able to benefit from the option or award, and is therefore most often linked to the vesting of the award or the exercisability of the option (as applicable). Performance conditions can relate to anything, but commonly relate to: • the performance of the company as a whole • the performance of part of the company or a certain business of the company (ie the business in which the employee is employed in) • the individual
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Social impact bonds are a form of public—private contracting initiated by the Coalition Government that came to power in 2010. The UK government established a number of funds to stimulate engagement in the social impact bond market, the most recent of which was the £80m Life Chances Fund. This is now fully allocated with related projects running until 2025. It is understood that new social impact bond projects are unlikely until that time and that the model is being evaluated to determine whether further such projects will be supported in the current form by the government, in an adapted format, or whether a different model will be developed or preferred. Until there is greater clarity on the future of social impact bonds in the United Kingdom, this page has been moved to Archive. What is a social impact bond? Social impact bonds (SIBs) were introduced as part of the Big Society initiative that was introduced by the Coalition Government when
NEWS
Personal Injury analysis: The increasing use of social media within society has led to it being used as a tool in personal injury cases. Gordon Exall, barrister at Zenith Chambers discusses the implications for defendants and claimants.
PRACTICE NOTES
This Practice Note looks at the different types of social media and highlights the most common platforms within each type. It also explains how law firms can use these different types of social media as a marketing tool to promote their business and help build their brand. Social media is widely used by businesses as a marketing tool. If you have not already looked at what other law firms in your region, or who share your area(s) of specialism, are doing on social media and how it is being used to promote their business you may want to do so. This insight may help inform your own social media strategy. It is also important to understand how your target client market uses social media. To advertise in the right space, you need to know where your potential clients are before you dedicate time and money to a social media strategy. What is social media? There is no single definition of social media. In general terms, social media takes the form of online platforms
PRECEDENTS
Social media platforms and services are valuable tools to help us strengthen our brands, promote our products and services, and build relationships with our customers and prospects. They allow us to promote communication, discussion and the sharing of information. The term ‘social media’ is used within this Code to describe dynamic and socially interactive networked information and communication technologies by which personal information, opinions or other content can be presented for public consumption on the Internet. This includes social networks or platforms, community sites, blogs, microblogging sites, wikis, web forums, social bookmarking services and user rating services. Examples include Facebook, LinkedIn, Yammer, YouTube, Instagram, X, Reddit and [insert
PRACTICE NOTES
The use of special purpose vehicle structures is very common in aviation finance. They provide various advantages for lenders such as tax benefits and providing a bankruptcy remote vehicle for the financing. Types of special purpose vehicle and orphan trust A special purpose vehicle (SPV) (also known as a single purpose company (SPC)) is a legal entity set up for a limited purpose; in the case of aviation finance this is usually to own an aircraft for a specific transaction. There are many types of SPVs used in aviation finance, the main ones being: • subsidiary companies • orphan trusts, and • limited partnerships Each of these types is considered below. The type of special purpose vehicle which is used will vary on a transaction by transaction basis. Subsidiary companies Subsidiary companies are usually limited liability companies incorporated in a tax-friendly jurisdiction. Depending on the structure, they can be: • owned by one of the banks financing the transaction (and in a syndicated facility, this is usually the
CHECKLISTS
This Checklist sets out a non-exhaustive list of issues that may need to be considered when preparing to use the commercial rent arrears recovery (CRAR) procedure to recover rent arrears. Initial considerations • confirm that the premises are purely commercial and the lease does not allow any part of the premises to be used for residential purposes. CRAR cannot be used where the premises are residential or mixed-use or where residential occupation is permitted, even if no-one is actually residing at the premises • check that occupation is evidenced in writing, either by a lease or tenancy at will • check that there is a right to exercise CRAR. An immediate landlord has the right to exercise CRAR, as do other parties such as an LPA or court-appointed Receiver. See Practice Note: Commercial rent arrears recovery (CRAR)—Who can exercise CRAR? • consider whether the landlord may wish to forfeit the lease in the future, as exercising CRAR will waive any right to forfeit which currently exists • check that the tenant is not subject