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Checklist for compromises of FCA-regulated entities: information requirements The Financial Conduct Authority (FCA) is the conduct regulator for financial services firms and financial markets in the United Kingdom. It has a duty under section 1B of the Financial Services and Markets Act 2000 (FSMA 2000) to pursue certain objectives, one of which is the consumer protection objective. The FCA lists its statutory objectives as to secure an appropriate degree of protection for consumers and to protect and enhance the integrity of UK financial markets, with a view to reducing the number of proposed compromises that they do not consider to be appropriate (see FG22/4, para 1.2). On 5 July 2022, the FCA published guidance on compromises of regulated firms (see FCA Guidance FG22/4 July 2022 and updated in January 2024) following their significant concerns about these tools being proposed and used by firms to avoid paying customers redress (see: LNB News 05/07/2022 72). Practitioners will need to take note of the guidance where the proposed compromise involves regulated companies, meaning...
Due diligence—head lease use provisions—checklist On any due diligence exercise on the acquisition of a leasehold property it is essential to consider the permitted use, any breaches of the permitted use and the ability of the tenant to change use. Any provisions that are unduly restrictive may have an adverse impact on value or the ability of the buyer to secure finance or dispose of their interest. What is the permitted use? If there is no specific restriction in the lease, the buyer will be free to use the property as they please. However, most leases provide that the tenant may only use the property for a specific purpose or purposes. The relevant clause of the lease should be checked and reported on to the buyer. If the use permitted by the lease does not cover the buyer’s proposed use of the property, advise the buyer at the earliest opportunity. Consider making the purchase of the property conditional on the appropriate consent to the buyer’s use being obtained. The consequences...
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Simplified petitions to the nobile officium in Scottish criminal procedure—flowchart For information about criminal procedure in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. This Flowchart demonstrates
Evaluating an objection to processing request—flowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to object. Data subjects can make a request to an organisation to exercise their right to object to processing at any time. This is not, however, an absolute right to object—it only applies in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: • Data subject rights—objection to processing • How to handle data subject requests This Flowchart maps out a process for evaluating a data subject request under the right to object that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office (ICO). It should be...
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Pension overpayments—beginners’ guide FORTHCOMING DEVELOPMENT: In the King's Speech of 17 July 2024 on the State Opening of Parliament, 40 legislative proposals were presented, including a new Pension Schemes Bill (not yet published). Among other things, this Bill is set to remove the need for pension scheme trustees to apply to the courts to enforce a determination of the Pensions Ombudsman in relation to the recovery of pension overpayments by granting the Ombudsman powers to those of a competent court which aims to alleviate pressures and cost for courts, schemes, and members and ensuring recovery costs are kept to a minimum. For further information, see Practice Note: Overpayment of pension benefits—Methods of recovering overpayments. This guide is primarily aimed at trainees, newly qualified lawyers and other persons who are new to or unfamiliar with pensions law. THIS PRACTICE NOTE APPLIES TO TRUST-BASED OCCUPATIONAL PENSION SCHEMES Why do pension overpayments occur? Pension overpayments from occupational pension schemes generally arise either as a result of: • incorrect calculations...
Dealing with freelance solicitors From 25 November 2019, the SRA Standards and Regulations introduced a new method of practising: the freelance solicitor. This Practice Note explains the regulatory status of freelance solicitors. It also explains the difference between a sole practitioner and a freelance solicitor. It sets out the restrictions on practice applying to freelance solicitors together with requirements around holding client money and indemnity insurance. It also provides guidance for law firms and in-house lawyers on the risks of dealing with a freelance solicitor on the other side of a transaction or matter. What is a freelance solicitor? ‘Freelance solicitor’ is not a defined term in the SRA glossary. The SRA uses the term ‘freelance solicitor’ in a guidance note to describe a self-employed solicitor who is: • practising on their own, and does not employ anyone else in connection with the services they provide • practising in their own name (rather than under a trading name or through a service company) • engaged directly by...
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Remeasurement 1 [Gross Internal Area means the gross internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition). OR Net Internal Area means the net internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition).] 2 When the [frame OR shell OR [other relevant point of construction]] of each of the relevant parts of the Works i
Transition schedule Schedule—Transition 1 Introduction 1.1 This Schedule describes how the Services will be transferred from the Customer to the Supplier on or before the scheduled Service Commencement Date . 1.2 It sets out the responsibilities of each party, management and reporting processes and the consequences of any delays or failures in the delivery of the Transition activities. 2 Transition 2.1 From the Effective Date, the Supplier shall: 2.1.1 begin Transition of the Services in accordance with the Transition Plan contained in the Annex to this Schedule; 2.1.2 ensure that each Milestone is completed on or before the Milestone Date; and 2.1.3 take any other action or perform any other services that are necessary to ensure that the Services are ready to be provided on or before the Service Commencement Date notwithstanding that such actions or services may not be expressly set out in the Transition Plan. 2.2 The Supplier shall be responsible for the overall management of Transition and shall identify and resolve, or assist the Customer in the...
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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? 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...
Are time orders under section 129 of the Consumer Credit Act 1974 (CCA 1974) an available remedy for all Regulated Mortgage Contracts (RMCs) because of the effect of CCA 1974, s 126(2)? A debtor under a regulated consumer credit agreement, a consumer hire agreement or a Regulated Mortgage Contract (RMC) may be granted more time by the court to repay a debt, if the court considers it just to make such an order. This protection enables the court, if it is just to do so, to redraw the terms of an agreement to reasonably reflect the customer’s ability to repay the debt within a reasonable period. The court’s discretion is based on balancing the interests of the firm and the customer. The time order provisions under Part IX of the Consumer Credit Act 1974 (CCA 1974) (CCA 1974, ss 127–144 (Judicial Contro)), apply to all regulated credit and hire agreements, and also RMCs. The combined effect of CCA 1974, ss 129 and 129A is that the debtor may apply for...
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This week's edition of Pensions weekly highlights includes a review of key news stories, some new content as well as dates for your diary and trackers.
This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA’s decision to launch a review of merger remedies and publish a new mergers charter, (2) the CMA’s decision to unconditionally clear the Global Business Travel Group/CWT Holdings merger after a phase 2 investigation, (3) a CAT’s ruling in connection with objections raised by Mr McAuley regarding the constitution of the Tribunal to hear a claim alleging breach of the Chapter I and II prohibitions, (4) the CAT’s judgment granting a CPO against Royal Mail, (5) the CAT’s judgment refusing to certify CPOs against numerous water companies, (6) the UK government announcing the abolition of the PSR as part of an efficiency drive, and (7) publication of the CMA’s final report regarding its mobile browsers and cloud gaming market investigation. This week’s highlights also includes, from an EU perspective: (1) the Commission’s decision to carry out dawn raids in the non-alcoholic drinks sector, (2) the General Court’s judgment dismissing an action against the Commission’s decision approving...
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