Appointment meaning

When appointing and removing pension trustees: Make sure the authority to appoint or dismiss trustees is always exercised solely for a legitimate and proper purpose. Carefully review the trust deed and rules, confirming that every appointment, removal or retirement of a trustee is carried out strictly in line with those documents. Where a company serves as sole trustee, refer to the company’s articles and ensure directors are appointed, removed or retire strictly in accordance with those provisions. Identify whether any restrictions apply to the appointment or removal of trustees—for example, a minimum or maximum number—and make certain the proposed action does not contravene any such restrictions...

General partners Does the limited partnership agreement permit the appointment of a new general partner? If so, what steps must be followed? If not, which additional documents are needed (for example, a deed of variation)? Will the current general partner step down or be removed from office? Please state the name and address of the incoming general partner...

STOP PRESS: The Financial Remedies Guide 2026 Published on 13 March 2026 by Mr Justice Peel and His Honour Judge Hess, and approved by the President of the Family Division, the Guide replaces and supersedes: efficiency statement for High Court judge cases (1 February 2016) efficiency statement below High Court judge level (11 January 2022) Financial Remedies Court Primary Principles (11 January 2022) Notice: electronic bundles (19 April 2022) Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated accordingly. The flowchart maps the steps when the accelerated first appointment procedure is available in the Financial Remedies Court within the Family Court. For practical guidance—including overviews, Practice Notes, precedents, guides, legislation, forms and further reading—see Financial provision—practice and procedure—overview or the related documents on the right-hand side of the flowchart; for all Lexis+ UK family flowcharts see Index of family flowcharts; for the accelerated route, see Accelerated first appointment...

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Under Assimilated Regulation (EU) 2016/679, the General Data Protection Regulation (UK GDPR) Under the Assimilated Regulation (EU) 2016/679, namely the UK GDPR, some organisations must designate an individual to serve as their data protection officer (DPO). The position can be taken up internally, e.g. by an employee of the organisation, or arranged externally, e.g. by a consultant retained under a service contract. This will help you determine whether your organisation needs to appoint a DPO to meet the requirements of the UK GDPR. If your organisation operates in jurisdictions outside the UK, you will need to check whether law or regulations require you to appoint a DPO in any of those jurisdictions. For more information on the role of the...

In this issue: Electricity and gas market regulation and licensing Networks and network connections Renewable energy Capacity Market, balancing services and energy system flexibility International energy Daily and weekly news alerts Dates for your diary Trackers Electricity and gas market regulation and licensing DESNZ launches consultation on regulating TPIs in the retail energy market The Department for Energy Security and Net Zero has opened a consultation to bring Third Party Intermediaries in the retail energy market under regulation, bolstering consumer protection and aiding the shift to a cleaner energy system. Triggered by cases of consumers and businesses being targeted by unregulated rogue brokers and other TPIs, this forms part of the government’s ongoing support for Ofgem to develop an effective market for non-domestic customers, alongside implementing recommendations from Ofgem’s July 2023 non-domestic policy consultation. The consultation closes on 15 November 2024. See: LNB News 20/09/2024 36. Ofgem launches statutory consultation on SoLR Levy Offset...

Re: Z (Prohibition on Cross-examination: No QLR) [2024] EWFC 22, [2024] All ER (D) 99 (Feb) What are the practical implications of this case? A succinct restatement of the statutory framework governing the appointment of a QLR appears at paras [4]–[20] of the judgment, providing a handy overview for deciding if a QLR is required. In day-to-day practice, however, QLRs are in short supply—principally because the available remuneration is limited—so securing one is often unlikely, as occurred here. Where no QLR can be identified, the court must work through all feasible alternatives. If those options are exhausted, a judge may conclude that, in the interests of justice, they must assume the QLR role. Where a judge or magistrate steps into that position, careful wording is essential: the court should not be described as cross-examining a party, but rather as ‘asking questions that the other party wishes to have asked or a similar phrase’ (para [35])...

BC v BC [2025] EWFC 236 What are the practical implications of this case? The key takeaway for practitioners is to disregard paragraph 8 of the FRC Primary Principles, in particular its closing clause which states ‘and an assurance that offers were made on each side and an indication given’. Whether the FRC will issue a revised iteration of the Primary Principles to reflect Peel J’s ruling remains uncertain at this stage. Practitioners should likewise observe the effective bar on obliquely attributing fault for an unproductive pFDR by referring to a party having left the appointment after an indication was given, as such references amount to indirect blame. The ruling should, in turn, streamline the pFDR process and reduce the scope for satellite litigation that might otherwise follow, notably where no settlement is achieved. In essence, the only matters that should be disclosed are neutral particulars confirming that a pFDR has taken place, and nothing more. What was the background? The parties had taken part in...

This Practice Note outlines the concept of parental responsibility for children under section 3 of the Children Act 1989 (ChA 1989). It describes what sits within the scope of parental responsibility and how the courts have read this concept in connection with matters such as education, religious upbringing, consent to medical treatment, changing a child’s surname, and removing a child from the jurisdiction. Definition Parental responsibility relates to the care and raising of a child until they reach adulthood. Under the ChA 1989, parental responsibility comprises all the rights, duties, powers, responsibilities and authority that, in law, a parent holds in respect of their child and the child’s property. It also embraces the rights, powers and duties that a guardian of the child’s estate (appointed before the ChA 1989 commenced) possessed in relation to the child’s property. Those rights extend to receiving or recovering, in the guardian’s own name for the child’s benefit, property of any description and wherever located to which the child is entitled to receive...

This Practice Note examines the powers of the arbitral tribunal under the United Nations Commission on International Trade Law Arbitration Rules (the UNCITRAL Rules). For an introduction to the UNCITRAL Rules, see Practice Note: UNCITRAL Rules—background and introduction. For guidance on appointing the tribunal, see Practice Note: UNCITRAL Rules—appointment of the arbitral tribunal. A core feature of the UNCITRAL arbitration framework is the authority vested in the tribunal. The UNCITRAL Rules grant the arbitral tribunal extensive powers over the management and timetable of the proceedings, evidence, the making of awards, interim measures and the allocation of costs. General power of the arbitral tribunal The tribunal may conduct the proceedings in such manner as it deems appropriate, provided it treats the parties equally and affords each party a reasonable opportunity to present its case (UNCITRAL Rules, Article 17(1)). The broad discretion conferred on the tribunal is a fundamental tenet of UNCITRAL arbitration and is derived from the original 1976 UNCITRAL Rules...

The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), apply—unless the parties agree otherwise—to any arbitration begun on or after 1 June 2021 under an arbitration agreement referring either to the Swiss Rules or to the prior rules of chambers or organisations that joined the Swiss Rules or brought their proceedings within them. This Practice Note examines the appointment of the arbitral tribunal under the Swiss Rules. The provisions regulating constitution of the tribunal are, for the most part, consistent with those in most other widely used arbitration rules, though there are a handful of particularities. For guidance on the 2012 Swiss Rules, see: Swiss Rules arbitration—overview. This note highlights similarities and specific features when constituting tribunals, within the context of these Swiss Rules and notes areas of difference. Number of arbitrators Under the Swiss Rules, the parties may decide the size of the arbitral tribunal, either within their arbitration clause or subsequently. While that choice rests with the parties, the Arbitration Court...

This deed is dated the [ INSERT DAY ] of [ INSERT MONTH AND YEAR ]. Parties The persons whose particulars are set out in the Schedule (the Indemnifiers); and [ Insert names of the Joint Liquidators ] of [ insert name and address of the Joint Liquidators’ firm ] (the Joint Liquidators) BACKGROUND [ Insert name of the company ] (the Company) was incorporated in England and Wales under company number [ insert number ]. [ Insert names of the joint liquidators ] are to be appointed as Joint Liquidators of the Company (the Appointment) by the members via written resolution. In consideration of the Joint Liquidators accepting the Appointment, the Indemnifiers agree to indemnify the Joint Liquidators, together with the members and employees of the Joint Liquidators’ firm, in the manner set out herein...

1 Introduction This role description and profile concerns the combined post of Deputy Money Laundering Compliance Officer (MLCO) and Deputy nominated officer (nominated officer). Any references to MLR 2017 relate to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692, as amended. 2 MLCO/nominated officer role holder details Firm name [ Insert firm name ] Name of Deputy MLCO/nominated officer [ Insert name ] Reports to: MLCO/nominated officer [ Insert name of MLCO/nominated officer ] Working pattern ☐ Full time ☐ Part time Details of any additional positions within the firm [ Insert details ] Date of appointment by the firm [ Insert date ] 3 Role summary 3.1 Serve as deputy to the firm’s MLCO/nominated officer...

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 The Law Commission’s review of wills culminated in a final report on 16 May 2025. Volume II contains a Draft Bill proposing replacement of the Wills Act 1837. For details of these proposals, including the published draft legislation, see Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: Draft Bill for a new Wills Act. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime The Finance Act 2025 (FA 2025), which received Royal Assent on 20 March 2025, implements the abolition of the remittance basis and introduces a residence-based regime from 6 April 2025. FA 2025 makes residence, rather than domicile, the main determinant of liability to inheritance tax. changes to the rules defining excluded property status; removal of protected settlements status for offshore trusts; and modifications to overseas workday relief. For further information, see Practice Notes: The abolition of the remittance basis of taxation...

In this Q&A, we assume that B’s claim is smaller than A’s. Legal process against the company Under paragraph 43(2) of Schedule B1 to the Insolvency Act 1986 (IA 1986), the moratorium prevents any legal process—covering legal proceedings, execution, distress and diligence—from being started or continued against the company or its property without the administrator’s consent or the court’s permission. This wording is wide enough to encompass any remaining actions or steps that might otherwise be taken against the company or its property. Accordingly, B can only bring an action against A with the approval of the administrator or the leave of the court. The purpose of the moratorium (and the interim moratorium) is to safeguard the company and its assets from creditor action during the company’s administration and the pre-appointment period. It bars any steps, actions or processes from being begun or carried on against the company and its property, save with the administrator’s consent (if one is appointed) or the court’s permission. See Practice...

Section 283 of the Insolvency Act 1986 (IA 1986) In general terms, section 283 states that every asset belonging to the bankrupt, or in which the bankrupt held an interest on the date the bankruptcy order was made, forms the bankruptcy estate. Under IA 1986, s 306, that estate vests in the trustee in bankruptcy (trustee) immediately and automatically on appointment, and stays vested until the trustee deals with it, typically by sale—see Practice Note: What assets vest in the trustee in bankruptcy and what steps does the official receiver or trustee in bankruptcy need to take? Where the estate includes land or a beneficial interest in land, the trustee should ensure that the correct entries are or become noted against the title, whether the title is registered or unregistered. Depending on whether the property is owned solely or jointly, certain entries may (or should) be made automatically; if they are not, the trustee can apply to the Land Registry. For more detail, see Practice Note: Protecting a...

Both the High Court and the Family Court possess jurisdiction to issue injunctions, whether interlocutory or final, and to appoint a receiver whenever it is considered just and convenient to do so. Any order can be made unconditionally or subject to such terms and conditions as the court deems appropriate, pursuant to section 37 of the Senior Courts Act 1981, which applies in the Family Court as it does in the High Court...