Refine By
Clear all filter
About 91013 results for "*"
Q&As
Sections 168–173 of the Water Industry Act 1991 (WIA 1991) enable a ‘water undertaker’ (which means one of the approved water companies) to designate in writing any person to enter any premises in order to exercise certain of the water undertaker’s statutory powers and functions. Among the water undertaker’s functions which may be exercised by a person who has been authorised in writing are: • to carry out works associated with soil testing • to carry out surveys • to monitor the quality of water • and generally, for the purposes of enforcement of legislation
Q&As
Client due diligence (CDD) requirements underpin the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. Where the MLR 2017, SI 2017/692 applies, conducting CDD is an absolute requirement. It is not in itself subject to the risk-based approach. Certain components of CDD however, allow for flexibility and positively require risk assessment. A
Q&As
The provisions in the CPR are very clear that a costs budget needs to be filed by the date set out by the court (CPR 3.13). A failure to do so will mean that your client will be treated as having filed a budget comprising of costs only (CPR 3.14). The costs budget will therefore need to be filed in line with the date set out by the court. It is not possible for
Q&As
The Commissioners for Oaths (Fees) Order 1993, SI 1993/2297 states that the following fees (inclusive of value added tax where payable) shall be charged by commissioners for oaths: • for taking an affidavit, declaration or affirmation, for each person making the same—£5 • and in addition, for each exhibit therein referred to and required to be marked or for
Q&As
It is necessary to look at the wording of the Damages-Based Agreements Regulations 2013, SI 2013/609. Damages-Based Agreements Regulations 2013, SI 2013/609, reg 7 states: ‘In an employment matter, a damages-based agreement must not provide for a payment above an amount which, including VAT, is equal to 35% of the sums ultimately
Q&As
This Q&A considers whether it is possible to delay publishing your organisation’s annual slavery and human trafficking statement as a result of the coronavirus (COVID-19) pandemic. It also suggests some particular areas of modern slavery risk that may need to be addressed by your organisation and reflected in your statement. Slavery and human trafficking statements Section 54 of the Modern Slavery Act 2015 (MSA 2015) requires certain organisations to produce and publish an annual slavery and human trafficking statement. The statement must set out: • the steps you have taken during the financial year to ensure slavery and human trafficking is not taking place in any part of your supply chains or your own business, or • that you have taken no such steps The statement must be approved by, eg the board of directors of a company or the members of an LLP, and signed by an appropriate
Q&As
The SRA Standards and Regulations require you to ensure: • clients are informed in writing at the time of engagement about their right to complain about your services and your charges and how complaints can be made—SRA Code for Solicitors, para 8.3 • that when clients have made a complaint to you, if this has not been resolved to the client’s satisfaction within eight weeks following the making of a complaint, they are informed in writing of any right they have to complain to Legal
Q&As
All firms must have a compliance officer for legal practice (COLP), authorised by the SRA. This Q&A explains whether your COLP has to be full-time or whether you can appoint someone who works on a part-time basis. It also explains whether you have to notify the SRA is your existing COLP reduces their working hours. What do the rules say? The SRA Authorisation Rules are prescriptive about the COLP’s status (manager or employee of the firm as defined in the SRA Glossary) but not about their hours and there is no formal requirement for the COLP to work full-time. The question, however, is whether the COLP can discharge their regulatory duties on a part-time basis. These duties are: • take all reasonable steps to ensure compliance with the SRA Handbook (apart from the Accounts Rules), terms and conditions of the firm’s authorisation and other relevant
Q&As
Practice Note: Privacy notices—information requirements sets out the information you have to provide to data subjects when you collect or receive their data. Most organisations will comply with these requirements by publishing a privacy policy (also known as a privacy notice). The General Data Protection Regulation (GDPR) says that you must provide individuals with the necessary information in an easily accessible form. This applies equally if you collect personal data from the individual it relates to or if you obtain personal data from another source. You can meet this requirement
Q&As
The right of erasure (also known as the right to be forgotten) is set out in Article 17 of Assimilated Regulation (EU) 2016/679 UK General Data Protection Regulation (UK GDPR). It only applies in certain situations. When does the right of erasure apply? A data subject is entitled to have their personal data erased if they can establish one of the following qualifying criteria: • it is no longer necessary to process the personal data for the purpose for which you collected it—this could be the case if you collected the personal data for a purpose other than the now-anticipated legal proceedings • the personal data was collected on the basis of consent, which is now withdrawn and there is no other lawful ground for processing • you processed the personal data on the basis of legitimate interests, the data subject objects and
Q&As
What is Privacy shield? On 29 February 2016, the European Commission announced draft details of the EU–US Privacy Shield to replace the Safe Harbour Agreement and it quickly attracted widespread criticism from the Article 29 Working Party (the domestic data protection regulators), the European Data Protection Supervisor and the European Parliament. Negotiations continued until 12 July 2016, when the Commission finally officially adopted the Privacy Shield framework and published the following documents: • Adequacy decision • Annexes 1–7 • EU-US Privacy Shield: Frequently Asked Questions • Factsheet: EU–US Privacy Shield • Communication: Transatlantic Data Flows: Restoring Trust through Strong Safeguards How does it work? From 1 August 2016, US organisations are able to self-certify themselves (as having adequate systems in place to safeguard data) with the US Department of Commerce (DoC). The Commission's decision of 12 July 2016 means that any organisation registered in this manner will be deemed to provide an adequate level of protection to the personal data of EU citizens. Those organisations who register with
Q&As
Please note that we have based our response on the assumption that the reference in your question is to a possession order of a property. Commentary suggests that before service is effected on a defendant prisoner in the usual manner, an application may first need to be made to the governor of the relevant prison. See: Service on defendant prisoners: Halsbury’s Laws of England. It will be a contempt of court for a governor to