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GLOSSARY

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What does Client mean?

The person(s) on whose behalf the firm is providing a service.

In terms of conduct, duties are owed to clients of the firm and this may sometimes include former and prospective clients. A client is not necessarily the same person as the individual paying for the legal services.

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�Ѿ��پ��پ��ǲ�—c��𳦰�� How a sentence is reached When determining a sentence, a court will usually consider any statutory sentencing range, the applicable Sentencing Council (SC) guidelines including any offence specific sentencing guideline, the overarching guidelines and sentencing judgments from the Court of Appeal. The SC’s offence specific guidelines or the general guideline set out a stepped approach which the court must follow. See Practice Notes: Sentences imposed following conviction and Sentencing Council General Guideline—Overarching Principles. Generally, in sentencing exercises the court will need to consider the following: • the relevant starting point in the Sentencing Guidelines • the aggravating factors of the offence • the mitigation and personal circumstances of the defendant • any reduction in sentence for a guilty plea • whether the offender is dangerous and if there is a significant risk of harm through the commission of further specified offences • any ancillary orders that are appropriate • the totality of the sentence to ensure it is proportionate to the offending behaviour Mitigation The...

Advising a client, trial on indictment or summary trial?—checklist

Advising a client, trial on indictment or summary trial?—checklist Advantages of Summary Trial • Less expensive • Less time consuming • Possible lower sentence • Less formality: advocates do not wear wigs or gowns • Automatic right of appeal if defendant convicted Disadvantage of Summary Trial • Magistrates may be case hardened, more likely to convict • No division between tribunal of fact/law, making it difficult to forget inadmissible evidence • The court has the power to commit for sentence if it thinks it has inadequate powers of punishment for an either way

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Inheritance (Provision for Family and Dependants) Act 1975 applicant—flowchart

Inheritance (Provision for Family and Dependants) Act 1975 applicant—flowchart This flowchart deals with the classes of applicants that may make a claim for reasonable provision from the deceased’s estate under the Inheritance (Provision for Family and

Improving efficiency—flowchart

Improving efficiency—flowchart This flowchart sets out the steps to take when improving a process within your firm and identifies Precedents for each step. Note 1 You could do this by: • identifying where there is waste in a process—see Precedent: Identifying waste questionnaire, and/or • looking at a process from your clients’ perspective—see Precedents: ◦ Improving efficiency—Voice of the Client (VOC)—blank ◦ Improving efficiency—Voice of the Client (VOC)—worked example Note 2 You could do this by: • mapping the process—see Precedent: Process map—worked example • identifying who does what in that process—see Precedents: ◦ Identifying who does what in a process (RACI framework)—blank ◦ Identifying who does what in a process (RACI framework)—worked example, and • collecting data—see Precedent: Simple check

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Client care policy—regulatory requirements 2011 [Archived]

Client care is about providing a proper standard of service to your client. Chapter 1 of the Solicitors Regulation Authority (SRA) Code of Conduct 2011 sets out your regulatory obligations.There is no regulatory requirement to have a written client care policy, except in relation to complaints, but as you may have to justify your client care arrangements to the SRA, you should ensure you maintain a proper record of the arrangements you have and be able to show they are appropriate.This Practice Note explains the regulatory requirements on client care. For more on complaints, see Practice Note: Complaints—regulatory requirements—law firms 2011 [Archived].The requirementsYou must:•act with integrity•not allow your independence to be compromised•act in the best interests of each client•provide a proper standard of service to your clients•behave in a way that maintains public trust•comply with your legal and regulatory obligationsThe information you provide to clients and the procedures you put in place will vary depending on the needs and circumstances of your clients and the services you provide. For example,...

Applying to naturalise as a British citizen: eligibility

Applying to naturalise as a British citizen: eligibility Naturalisation is the most common way for adults to acquire British citizenship. The naturalisation route to British citizenship enables adults who do not fulfil automatic registration criteria but who have lived in the UK for specified periods to apply to become a British citizen. A person who becomes a British citizen through naturalisation is considered a British citizen otherwise than by descent. The current legal framework governing the criteria under which an application for naturalisation can be made is set out in the British Nationality Act 1981 (BNA 1981). BNA 1981, s 6 and Sch 1 set out a series of requirements, some of which are compulsory and others of which are subject to an exercise of discretion on the part of the Secretary of State for the Home Department (SSHD) to disregard. The requirements for naturalisation are different for an applicant who is married to, or in a civil partnership with, a British citizen, or who is...

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Conflicts guidelines—property transactions

Conflicts guidelines—property transactions Our Conflicts, confidentiality and disclosure policy sets out our general position on when we can act in conflict situations. We also issue guidelines for certain [departments OR types of work]. These guidelines illustrate how our policy could apply in different situations, but they are not intended to be exhaustive or rigid. In each situation covered by these guidelines we must consider whether a conflict arises and, if so, whether we can act. 1 Substantially common interest 1.1 We will not act for clients under the substantially common interest exception where: 1.1.1 we may need to negotiate on matters of substance between the clients, eg negotiating on price between a buyer and seller of a property 1.1.2 there is unequal bargaining power between the clients, eg where a builder is selling to a non-commercial client 1.1.3 one or both clients will be prejudiced by lack of separate representation 1.1.4 we cannot represent the client even-handedly, or 1.1.5 the clients’ interests in the end...

Financial management self-assessment questionnaire—law firms

Financial management self-assessment questionnaire—law firms Good behaviour or practice ☐ You do not make payments to partners irrespective of cash in the bank ☐ You reserve some of your net profits each year (ie you do not draw all net profits) ☐ You are building up your cash reserves ☐ You do not use short-term borrowings to fund partners' tax ☐ You do not use VAT received as cash received ☐ Your partners have a good grasp of office account bank balances, eg they receive copy bank statements on a regular basis ☐ You do not depend heavily on high overdraft borrowings ☐ Your partners’ capital injection is not 100% borrowed ☐ You do not take on financial commitments you can’t afford, eg long office leases, new staff ☐ You deal promptly with requests for information from regulators (including the SRA’s annual information report) ☐ You have a balanced senior management team who feel able to challenge the firm’s decisions and actions ☐ Your senior managers do not bury...

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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

Where a settlement agreement provides for the employer to make a contribution to the employee’s legal costs, payable direct to the employee’s law firm, can the law firm bring proceedings against the employer if it fails to pay?

Where a settlement agreement provides for the employer to make a contribution to the employee’s legal costs, payable direct to the employee’s law firm, can the law firm bring proceedings against the employer if it fails to pay? For information on: • the legal requirements that must be met for a settlement agreement to be binding and valid to settle statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements • the practical issues that typically arise in relation to a settlement agreement, see Practice Note: Settlement agreements in employment—practical and tax issues Contribution to legal costs A settlement agreement will typically provide for the employer to make a contribution to the employee’s legal costs. For general information on payment of legal fees incurred by an employee in relation to a settlement agreement generally, see the section of Practice Note: Settlement agreements in employment—practical and tax issues entitled ‘Payment for legal advice’. For a sample clause in the settlement agreement dealing with payment of legal fees, see Clause 13.2...

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Insurance & Reinsurance weekly highlights—13 March 2025

This week's edition of Insurance & Reinsurance weekly highlights includes: Howden sued for £20m over hotel chains COVID-19 losses; the case of Dormer (a protected party, by his mother and litigation friend Iteen Dormer) v Wilson and others; Insurers to benefit from Italy’s mandatory catastrophe cover; Berkeley and contractor settle £15m Grenfell-style cladding claim; FCA awaits government’s answer to City Consumer Duty pushback; FCA retains exceptional circumstances test for announcing investigations; UK regulators address diversity and inclusion proposals: current status and future plans; cases and decisions; key fates for your diary; and other news highlights reported over the past week.

Private Client weekly highlights—13 March 2025

This week’s edition of Private Client highlights includes: (1) Ashimola v Samuel, an unusual probate case involving allegations of fraud, forgery, and impersonation; (2) the Office of the Public Guardian issues guidance on Court of Protection deputies’ approach to family care payments; (3) R (on the application of VRP, a protected party, by her litigation friend SR) v The Royal Borough of Kingston Upon Thames, which considered a local authority’s duty to provide same-sex carers; (4) HMRC has published a new version of the IHT grossing up calculator; and (5) Louwman v Revenue and Customs Commissioners, which held that offshore income gains and accrued income profits of a taxpayer were not ‘protected foreign source income’ under the transfer of assets abroad regime.

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