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Cross border considerations—checklist

Cross border considerations—checklist This Checklist aims to provide practitioners with a route map through the different cross border issues that require consideration when dealing with proceedings involving a cross border element such as a defendant domiciled outside the jurisdiction or a contractual agreement. In the form of a table it asks various questions and provides links to underlying content that will answer that question. The UK's departure from the EU has implications for practitioners dealing with cross border issues involving not only EU Member States but also contracting states of the Lugano Convention 2007 and potentially contracting states of the Hague Convention on Choice of Court Agreements. For guidance, see: Cross border considerations (Brexit)—checklist. Applicable law—general Question Guidance—Practice Notes What is applicable law? Applicable law—a guide for dispute resolution practitioners Which applicable law regime applies? Applicable law—a guide for dispute resolution practitioners What is an applicable law clause? Applicable law clauses How do I determine the applicable law under Assimilated Regulation (EC) 593/2008 Rome I?(Contract claims only) UK Rome...

Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

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Personal injury referrals—SRA examples, flowchart and guidance

Personal injury referrals—SRA examples, flowchart and guidance This Practice Note summarises guidance and examples given by the Solicitors Regulation Authority (SRA) about what may constitute a permitted or prohibited referral arrangement for personal injury matters: The SRA guidance was published under the SRA regime 2011, but appears to apply equally to the SRA 2019 regime. What is prohibited? To fall foul of the personal injury (PI) referral fee ban, you must: • receive a referral • of a PI or ancillary claim • pay a prohibited referral fee, ie a fee for the referral itself, rather than in consideration for the provision of services or for another reason For more guidance see Practice Notes: Personal injury referral fee—the statutory regime and Personal injury referral arrangements—SRA requirements—What does the SRA prohibit? SRA guidance It is clear from Solicitors Regulation Authority's (SRA) guidance that there are two circumstances in which it considers the referral fee ban will not apply: • there is no referral as defined by the Legal...

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This Practice Note refers only to the law in England; note that different provisions apply to Wales.The public has a right to expect high standards of conduct from their elected members. Up to 1 July 2012, local authority (LA) members had to comply with the ethical standards framework under Part III of the Local Government Act 2000 (LGA 2000) that built on recommendations in the Third Report of Lord Nolan's Committee on Standards in Public Life.The Localism Act 2011 (LA 2011) amends LGA 2000, so that Part III only applies to Wales, and makes fundamental changes to the system of regulation of standards of conduct for elected and co-opted councillors in England from 1 July 2012. The provisions of LA 2011 apply to 'relevant authorities', which include a county council in England, a district council, a London borough council, a parish council and the Greater London authority.Though the Local Authorities (Model Code of Conduct) Order 2007, SI 2007/1159 was repealed on 1 July 2012, and members no longer have to...

Local housing companies

Local housing companies Housing delivery Over a number of years the term local housing company (LHC) has had various meanings in the context of housing delivery vehicles. It was first used post Housing Act 1996 in the context of large scale voluntary transfer of urban estates to a company which had equal representation of the local housing authority (LHA), tenant and independent members and often attracted Government subsidy for example, from the then Estates Regeneration Challenge Fund (ERCF). See Practice Note: Housing stock transfer. The term LHC appeared again in the Housing Green Paper, 'Homes for the future: more affordable, more sustainable', in July 2007. The model on this occasion as envisaged by English Partnerships (subsequently the Homes and Communities Agency and now Homes England), involved a 50:50 long-term corporate joint venture between the LHA and a private sector partner established to develop local authority land. The term LHC today is used to describe independent arms-length commercial organisations wholly or partly owned by LHAs which develop, buy...

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SRA Code of Conduct for Solicitors, RELs and RFLs—law firms—post-training assessment answers

SRA Code of Conduct for Solicitors, RELs and RFLs—law firms—post-training assessment answers Question Answer 1. Circle all of the SRA Principles. (a) You must act in a way that encourages equality, diversity and inclusion(c) You must act with integrity 2. The SRA Principles only apply to practising solicitors. Is this statement true or false? (b) FalseThe SRA principles apply to all of us in and out of practice 3. The SRA Codes of Conduct must be read with which of the following? (Circle all that apply) (a) SRA Principles(b) The general law 4. The SRA Code of Conduct for Solicitors, RELs and RFLs sets out mandatory outcomes you must achieve supplemented by non-mandatory indicative behaviours. True or false. (b) FalseThe StaRs, including the Code for Solicitors set out the standards of professionalism that the SRA, and the public expect of individuals (solicitors, registered European lawyers and registered foreign lawyers) authorised to provide legal services. Outcomes and indicative behaviours were part of the previous 2011 SRA Code of Conduct, which...

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±Ê´Ç±ô¾±³¦²â′ó´Ç±ô³Ü²Ô³Ù±ð±ð°ù 1 Introduction 1.1 [Background on the organisation] 1.2 This policy sets out the framework for voluntary work in [organisation name]. It should be referred to by all in the organisation, including [paid staff, members, trustees and parents], as well as by volunteers. 1.3 This policy aims to help volunteers understand what support will be provided to them and what they can expect from us. 2 Statement of values 2.1 The aim of [organisation name] is [provide details]. Volunteers, ie those who contribute their time, energy and skills without payment, enable us to deliver our [services OR activities] to meet these aims. 2.2 We are committed to involve volunteers in the day-to-day life of the organisation, for example through [list examples]. 2.3 We acknowledge that volunteers make a positive and valuable contribution to our organisation and the community we serve. Volunteers are vital to our work. Volunteer help is greatly appreciated and really does make a difference. We aim to recognise, value and celebrate our volunteers. 2.4 Volunteering is...

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When administering an oath, do I have to verify the deponent’s identity?

When administering an oath, do I have to verify the deponent’s identity? Rules and guidance from the regulators on this point are thin on the ground, and getting ever thinner. The SRA Code of Conduct 2011 provided you must properly administer oaths, affirmations or declarations where you are authorised to do so (O(11.4)). There is no mention of administering oaths in the SRA’s 2019 regime. We have looked back at historic professional conduct rules and guidance to see if they shed any light on solicitors’ professional obligations when administering oaths. The 1999 Guide to the Professional Conduct of Solicitors says: ‘17.06: Administering oaths When administering oaths and affirmations or taking declarations, a solicitor is under a duty to ascertain: a) that the deponent is in the solicitor’s presence by enquiring whether the signature to the document before the solicitor is the name and in the handwriting of the deponent; b) that the deponent is apparently competent to depose to the affidavit or declaration; c) that the deponent knows he or...

Is a restrictive covenant in a solicitor's employment contract incompatible with the client's freedom to choose a solicitor?

Is a restrictive covenant in a solicitor's employment contract incompatible with the client's freedom to choose a solicitor? What does the SRA say? The first question to consider whether solicitors or law firms are under any obligation is to ensure clients have freedom of choice. The Solicitors Practice Rules 1990 (r1) required that: a solicitor shall not do anything in the course of practising as a solicitor, or permit another person to do anything on his or her behalf, which compromises or impairs or is likely to compromise or impair… a person's freedom to instruct a solicitor of his or her choice The 1990 Solicitors Practice Rules 1990 were superseded by the Code of Conduct 2007. The prohibition on compromising a client’s freedom of choice appears to have been omitted from the 2007 Code of Conduct and subsequent Codes of Conduct in force from 2011 and 2019. What does the court say? In any event, in 2006, the court rejected the argument that a restrictive covenant was inconsistent...

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HSE publishes guidance on investigating RBIs and RBCAs

Health and Safety Executive (HSE) has published two guidance documents on investigations carried out by the Building Safety Regulator (BSR). The guidance focuses on registered building inspectors (RBI)—professional misconduct and criminal offences, and building control bodies—contraventions and criminal offences.

New sexual harassment law to alter work safety for good

Law360: Employers must assess the risk that staff will be sexually harassed and ensure they have preventative policies and procedures in place as they prepare for an incoming duty which, lawyers say, will be a watershed in workplace health and safety provision.