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The following professionals are lawyers of England and Wales if they are regulated under the Legal Services Act 2007: solicitors, barristers, notaries, legal executives (fellows), licenced conveyancers, trade mark agents, patent agents and law costs draftsmen.
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Governing law and jurisdiction clauses in commercial contracts―checklist This Checklist of resources sets out some of the issues when considering governing law and jurisdiction in the context of commercial contracts. Governing law and jurisdiction clauses are categorised as boilerplate clauses in an agreement. For more information on boilerplate clauses, see: Boilerplate clauses—overview. For details about the role of boilerplate clauses and approaches to reviewing and drafting common boilerplate clauses, see Practice Note: The role of boilerplate. A governing law clause (also known as an applicable law clause) is used to allow the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. For an example of a governing law clause, see Precedent: Governing law clause. The applicable law clause in a contract will usually be set out alongside a jurisdiction clause. It is important to note that jurisdiction and governing law are separate issues. A jurisdiction clause is necessary to allow the parties to...
Alternative service—practical considerations checklist (cross border) This Checklist sets out examples of practical issues to consider when dealing with an alternative service application involving service outside England and Wales. Checklist Consideration References If an application for alternative service is being made on the grounds that service through the permitted methods, including the Hague Convention, is likely to be protracted, the application should be supported by the following:—confirmation from the Foreign Process Office of the time delays in serving for that country—detailed evidence, ideally from a locally-qualified lawyer, which demonstrates how long service is expected to take through normal channels. This should be by reference to specific experience or examples where relevant—if delay is notorious in the jurisdiction, then some independent evidence should be exhibited to support this Practice Note: Alternative service—making an application—Evidence in support The courts will take into account any evidence that a defendant is attempting to evade or obstruct service. A claimant should seek to carefully document any such behaviour as this will strengthen...
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Introduction to IT and procurement Overview of the IT and procurement departments It tends to be large organisations with multiple national offices and/or multinational offices which have a procurement department, normally in order to rationalise the use of suppliers across the different offices, and to be able to benefit from group discounts. They normally deal with all key purchasing decisions across the organisation, such as software and hardware suppliers, and contractors. Occasionally, they get involved in procuring external legal services for an organisation, in particular where large global firms are used across the organisation, but the legal department will usually want oversight of this at the very least, if not full control, in particular because you will generally have a better understanding of the likely costs involved and a better handle on day to day legal cost control. The procurement department typically asks a series of questions when identifying suppliers, as follows: • what is the business requirement, based on the organisation’s strategy? • should the organisation look...
Coronavirus (COVID-19) news & analysis—March and April 2023 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This table contains an archive of news and analysis on coronavirus (COVID-19) and coronavirus developments that has been published within various Lexis®PSL Practice Areas in March and April 2023. 24–30 April 2023 Date News Analysis Brief description of the News Analysis 27 April 2023 World Challenge tells £10m COVID-19 loss trial Zurich changed policy Law360, London: Counsel for a student travel company seeking £10.5m in unpaid claims for cancelled holidays argued on 26 April 2023 that its insurer Zurich secretly changed its policy at the start of the coronavirus (COVID-19) pandemic, on the first day of a London trial. 27 April 2023 IfG report on Treasury’s involvement during the pandemic LNB News 27/04/2023 54 The Institute for Government (IfG) has published a comment accompanying a report by the IFG's Chief Economist, Gemma Tetlow and Senior Economist, Olly Bartrum, discussing lessons learnt from the Treasury’s response to the coronavirus (COVID-19) pandemic. The report examines...
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Dawn raid—panic sheet 1. Immediate response Your first concerns should be contacting your lawyers, attending the premises, and assembling your Dawn Raid Response Team. Actions Contact the organisation’s legal advisor, whether in-house and/or external, and arrange for a lawyer to be physically present at all times during the raid and any interviews If not already on-site, immediately attend the premises and address the investigators Obtain any further information available in respect of what the investigators are actually seeking— ask to see the warrant/decision notice, or any other written documentation evidencing the investigator’s authority Identify any other premises which are being raided Verify the investigators’ authority and take a photocopy of their IDs Contact and assemble the Response Team 2. Preliminary assessment Your first instinct may be to tell affected individuals about the raid, but you need more information before you can decide whether this is necessary or desirable. Your initial focus should be on establishing the exact reason and scope of the raid and the investigators’ authority. Actions Review the...
Parental responsibility—client guide This document provides general guidance regarding parental responsibility for a child. Your family lawyer will be able to provide specific advice based on your circumstances. What is parental responsibility? Parental responsibility is defined in law by the Children Act 1989 as: ‘…all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.’ People with parental responsibility are entitled to have a say in major decisions about the child, such as: • where the child should live • where they should go to school • what (if any) religion the child should have • what name they should have • the giving or withholding of medical treatment, and • dealing with their money or property Parental responsibility does not entitle someone to interfere with day-to-day decisions such as what the child wears, their hobbies or choice of TV programmes etc. Generally parental responsibility lasts until the child reaches 18 but it may come to...
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What are the tax issues in granting a rent free life interest to an employee and his wife to reside in a property until they both die (a lease for lives or lives) and are there any mechanisms or structures which may be used instead to avoid or minimize inheritance and other taxes whilst still ensuring that no security of tenure is created? It appears that the intention of the property owner in the present scenario is to grant exclusive possession of residential property to an employee and his wife. That grant is intended to be rent-free and for the duration of the life of the last-surviving. Such a grant is possible, but would need to be carefully drafted. There is reference to ensuring that no security of tenure is created when considering alternative structures, but it is likely that the granting of a life interest without more would create such security. Depending on the intention of the employer, an arrangement could be entered into terminable...
How can the income tax exemption that is contained at section 413A of the Income Tax (Earnings and Pensions) Act 2003 apply when an employee has paid the lawyer for the legal costs incurred in respect of the termination? Pursuant to section 413A of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), there is no charge to tax on certain legal costs paid by the employer on behalf of the employee. To be paid tax free, the following conditions must be fulfilled: • the payment must meet the whole or part of the legal costs incurred by the employee exclusively in connection with the termination, and • either: ◦ the termination of the employment results in a settlement agreement between the employer and employee, which provides for payment to be made by the employer directly to the employee’s lawyer, or ◦ the payment is made pursuant to a court
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Law360, London: There is 'no merit whatsoever' to arguments by aviation insurers seeking to escape liability for the loss of aircraft seized by Russian airlines, a lawyer for major lessor AerCap said in closing submissions on 28 January 2025 at a High Court trial with billions of dollars at stake.
Law360, London: A barrister who 'recklessly misled' the court over the course of judicial review application proceedings into immigration decisions was disbarred by the profession's disciplinary tribunal on 9 January 2025.
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