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PRECEDENTS
Voting Form number: [insert number] [Insert details of the voting group as determined by the employer, eg the whole workforce, night shift, day shift, management, non-management or department]. Names of candidates: Name: Vote: [insert name] [insert name] [insert name] [insert name] Instructions for completing this form Read the following instructions carefully before completing this form. 1 This is a vote to determine who you want your [ employee OR worker] representative(s) to be. If
GLOSSARY
Except for the purpose of Rule 11, all the voting rights attributable to the capital of a company which are currently exercisable at a general meeting. Except for treasury shares, any shares which are subject to: • a restriction on the exercise of voting rights ?in an undertaking or agreement by or between a shareholder and the company or a third party, or ?arising by law or regulation, or • a suspension of voting rights implemented by means of the company’s articles of association or otherwise, will normally be regarded as having voting rights which are currently exercisable at a general meeting.
PRACTICE NOTES
This Practice Note sets out the regulatory requirements when acting for vulnerable clients. It also explains the importance of ensuring you maintain a proper record of the client care arrangements you have in place and are able to show these are appropriate. This Practice Note provides guidance on adult vulnerable clients. It does not provide specific guidance in relation to minors. For more information, see Practice Note: How to identify and respond to the needs of vulnerable clients. What is a vulnerable client? There is no clear definition of ‘vulnerable client’ for the purposes of law firms. The SRA Standards and Regulations contain very few references to vulnerable clients (see section SRA requirements), favouring a more general requirement to take account of clients’ attributes, needs and circumstances. For this reason, Precedent: Client care manual does not use the term ‘vulnerability’ or ‘vulnerable client’. Instead, it emphasises the obligation to take account of clients’ attributes, needs and circumstances and contains a detailed section on identifying and responding to clients with particular attributes, needs or circumstances. For
NEWS
The Financial Conduct Authority (FCA) has published an article on financial abuse reminding firms that the Consumer Duty sets ‘higher and clearer’ standards of consumer protection across financial services and urging them to be alert to the possibility of coercion and financial control to reduce foreseeable harm. It sets out the FCA’s expectations around actions and examples of firms improving outcomes for victim-survivors.
NEWS
Family analysis: What duties should solicitors and advocates observe in relation to a vulnerable party to family proceedings? Max Konarek, partner at Boys & Maughan Solicitors, who represented the appellant, considers this issue in the context of the Court of Appeal judgment in N (a child) (care proceedings: evidence).
PRACTICE NOTES
This Practice Note examines the steps employment tribunals and parties should take to identify vulnerable parties and witnesses and ensure their participation in employment tribunal proceedings. The Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155 do not specifically refer to vulnerable parties or their treatment in the employment tribunals. However, the overriding objective in ET Rules 2024, SI 2024/1155, r 3 requires employment tribunals to deal with cases fairly and justly, which includes (so far as is practicable) ensuring all parties are on an equal footing. It stands to reason that vulnerable parties in employment proceedings will often require assistance to be placed on such a footing. How this may be achieved is dealt with in the guidance referred to immediately below. For more information: • on case management generally, see Practice Note: Employment tribunal case management • on witnesses generally, see Practice Note: Witnesses—employment tribunals Relevant guidance The primary source of guidance on how to deal with vulnerable parties in the employment tribunal is the Presidential Guidance (England & Wales)—Vulnerable
PRACTICE NOTES
Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3A, together with FPR 2010, PD 3AA, make provision as to the participation of vulnerable persons in family proceedings and the giving of evidence by vulnerable persons. The rules include provision for the court to make ‘participation directions’ as to the involvement of a vulnerable person, protected party or child in family proceedings, as well as the power to appoint an intermediary whose functions may include communicating questions put to a witness or party. See also Practice Note: Intermediaries in family proceedings. On 23 January 2025, the President of the Family Division issued practice guidance on the use of intermediaries, lay advocates and cognitive assessments in the Family Court. The Family Justice Council also issued guidance on neurodiversity in the family justice system for practitioners on 30 January 2025. In Re S (Vulnerable Party: Fairness of Proceedings), Baker LJ said that the court's duty to identify any party or witness who is a vulnerable person arises not only under the express provisions in
Q&As
In this case, W, the original deceased, died intestate, and her administrator, her spouse H, died testate. H was absolutely entitled to W's estate. As Practice Note: The chain of representation states, a grant de bonis non will issue to the person who would have been entitled had it been an original grant. If the deceased: • left a Will, the grant will be one of letters of administration with Will annexed de bonis non
Q&As
This Q&A assumes there was a typographical error in the original question in that the gifts were made in 2018 (ie seven years of death) and not 2016 which would be nine years before death. W died on 6 April 2025 just as the new regime for long term resident commenced. It is not stated in the question when they moved to the UK. IHT is based on an individual’s domicile. Domicile
GLOSSARY
These are the clauses in NEC3/NEC4 contracts concerning resolution'>dispute resolution. One of the two options W1 or W2 must be selected in the NEC3 form. Where the NEC4 form is used, one of the three options W1, W2 or W3 must be selected.
NEWS
Law360: The government has been urged by the parliamentary Work and Pensions Committee (W&PC) to disclose what options it considered before rejecting a £10.5bn compensation package for women who were underpaid state pension.