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Any sum spent or to be spent on behalf of a client
Examples including search fees incurred on behalf of conveyancing clients. The amount of a disbursement must be clearly and accurately expressed, and monies must be held in accordance with the SRA Accounts Rules 2011.
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Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...
Checklist—letter of instruction to expert This Checklist should be considered in conjunction with: • Practice Note: Instructing an expert • Precedent: Letter of instruction to own expert • Guidance introduced in 2014 for the instruction of experts in civil claims; the term 'Guidance' used below means the Civil Justice Council's Guidance for the instruction of experts in civil claims in force as from 1 December 2014 This Checklist assumes: • proceedings have been started—see Practice Note: Instructing an expert—Before proceedings start—all claims (including those covered by pre-action protocols) and Instructing an expert—Before proceedings start • permission has already been obtained to adduce the expert evidence under CPR 35.4—see Practice Note: Applying for permission to adduce expert evidence • the expert is acting as an expert witness as opposed to an adviser—see Practice Note: Expert witnesses, expert advisers and assessors • the expert is not a single joint expert—see Practice Note: Single joint experts • exchange of expert reports is to be simultaneous rather than sequential—see Practice Note: Expert report—Exchange of...
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You must treat clients fairly and ensure you achieve this outcome in all your dealings regarding costs. This practice note explains the regulatory requirements that you must comply with in relation to providing costs information to your client, particularly when taking on new clients. It also summarises requirements that apply under the SRA's Transparency Rules.This Practice Note reflects requirements under the 2011 SRA Handbook. Practice Note: Information on costs—law firms reflects the SRA Codes of Conduct 2019. The requirements in the 2019 Codes represent the bare bones of those in the 2011 Code, as shown in Practice Note: Information on costs—SRA 2011 regime and SRA 2019 regime compared [Archived]. However, the pared-down requirements in the 2019 Codes do not signify a relaxation of the SRA’s expectations. Generally, the omitted items in the Codes can be mapped across to one or more obligation in the SRA Principles 2019.Costs information requirementsYou must treat clients fairly and ensure you achieve this outcome in all your dealings regarding costs.Amount of costsFailure to provide adequate...
LCIA (2014)—costs [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact [Archived] [Archived]. For additional information, see: Coronavirus (COVID-19) and arbitration—overview. This Practice Note concerns arbitration proceedings pursuant to the London Court of International Arbitration (LCIA) Arbitration Rules 2014, effective 1 October 2014 (the LCIA rules). For practical guidance on arbitration pursuant to the LCIA Rules 2020 (in force 1 October 2020) and the LCIA Rules 1998, consult the relevant Practice Notes here: LCIA arbitration—overview. The costs provisions under the LCIA Rules are set out in LCIA, art 24 (Deposits) and LCIA, art 28 (Arbitration Costs and Legal Costs) and the separate LCIA Arbitration Schedule of Costs. The LCIA's administrative charges and the fees of...
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Accounts procedures for fee earners and support staff 2011 [Archived] 1 This document sets out our [accounting OR finance] systems and controls for fee earners and support staff. 2 Basic principles 2.1 We have an overriding duty to protect client money and assets. 2.2 To ensure compliance with this duty and with the SRA Accounts Rules 2011 (the rules), all fee earners and support staff must comply with the systems and procedures set out in this document. 3 Accounts department 3.1 The [Accounts OR Finance] department is located at [insert location, eg office if you have more than one office or location within your office] and is led by [insert name and/or title], [who is also the firm’s Compliance Officer for Finance and Administration (COFA)]. 3.2 [insert any other information regarding the structure of your accounts departments, eg if you have different teams for different functions]. 4 Accounts system 4.1 We have a central accounting [and time recording] system called [insert name...
Part 26A restructuring plan for SMEs IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMPANIES LIST (CHD) IN THE MATTER OF [insert name of the Company] AND IN THE MATTER OF THE COMPANIES ACT 2006 BETWEEN [insert name of the Company] and THE PLAN CREDITORS [AND MEMBERS] (as defined herein) RESTRUCTURING PLAN (under Part 26A of the Companies Act 2006) DATED [insert date] RECITALS The Company (A) [Insert name of the Company] is a [private] limited company, incorporated in [England and Wales] with company number [insert company number] and office at [insert address] (the Company) Purpose of the Restructuring Plan (B) The purpose of this Restructuring Plan is to affect a compromise and arrangement between: [(i)] the Company and the Plan Creditors; [and (ii) the Company and the Members], in order to eliminate, reduce or prevent, or mitigate the effect of financial difficulties encountered [or likely to be encountered] by the Company that are affecting, or will...
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How can a conditional fee arrangement be adopted from a litigation friend to a personal representative? Conditional fee arrangements A conditional fee arrangement (CFA) is: • an agreement with a person providing advocacy or litigation services (ie your firm) • that provides for your fees and expenses (ie your base costs and disbursements), or any part of them to be payable only in specified circumstances—usually in the event that your client succeeds in their matter For further guidance on CFAs generally, see: CFA—overview. Litigation friends A litigation friend is required where any of the following persons is party to proceedings: • a person who lacks capacity (P), defined by Court of Protection Rules 2017, SI 2017/1035, r 2.1 and paragraph 2 of Schedule A1 to the Mental Capacity Act 2005 (MCA 2005) as: ◦ any person (other than a protected party) who lacks or, so far as consistent with the context, is alleged to lack capacity to make a decision or decisions in relation to any matter...
Where a Will establishes a testamentary trust over only part of the residue, can a personal representative discharge fees for taking financial advice from the estate as a whole during the period of administration? Once the testamentary trust comes into force, can the trustee pay for ongoing financial advice from the trust fund? Where several beneficiaries form part of the estate, it will often be necessary to draw a distinction between: (a) expenses incurred by personal representatives (PRs) and properly payable as testamentary and administrative expenses; and (b) expenses properly payable by the individual legatees out of their share of the estate. The general principle was settled in Sharp v Lush where it was held that the estate must bear the expenses 'incidental to the proper performance of the duties of personal representatives as personal representatives'. However, this did not extend to expenses incurred during the execution of trusts arising after administration. The principle applies equally to testate and intestate administrations. For more information, see:...
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This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA launching its first ‘SMS investigation’ under the DMCCA 2024 into Google’s general search and search advertising, (2) the CAT’s judgment setting out its reasons for approving the terms of a settlement agreed with WWL/EUKOR and K-Line defendants in the maritime car carrier companies cartel, (3) the CMA consulting on its draft Annual Plan for 2025–2026 and publication of a report prepared by its Microeconomics Unit on wider benefits of competition policy and enforcement, and (4) the government publishing the terms of reference regarding the review of Northern Ireland Protocol (Windsor Framework). This week's highlights also includes, from an EU perspective: (1) the Commission’s sending a Statement of Objections to Lufthansa indicating its intention to impose interim measures to prevent harm to Frankfurt-New York air passengers, and (2) Advocate General’s Medinia’s opinion concerning a national reference from Belgium recommending that an exclusive distributor must be protected against active sales in its territory by all the supplier’s...
A round-up of UK competition law developments, including the CAT’s judgment setting out its reasons for approving terms of settlement agreed with WWL/EUKOR and K-Line defendants in maritime car carrier companies cartel.
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