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Note: the CPRC has ceased distributing the supporting background papers alongside the minutes; accordingly, this News Analysis does not include documents elucidating the topics considered. A copy of the minutes can be found here: Minutes of the Civil Procedure Rule Committee. Welcome, action log and matters arising (item 1) The minutes of the 5 July meeting were formally approved and the action log was noted—see News Analysis: Minutes of the CPR Committee meeting—5 July 2024. The following items were considered: Ryan Morris v Williams & Co Solicitors [2024] EWCA Civ 376—the matter had previously been covered under item 4 in the Minutes of the CPR Committee meeting—held 5 July 2024...
Labour’s Mansion House agenda includes setting up fresh pension megafunds, capable of directing a further £80bn into UK infrastructure and start-ups. At the same time, the Prudential Regulation Authority (PRA) (the regulatory authority that supervises the Bank of England) plans stress checks on insurers that have pledged as much as £100bn for the economy, following the introduction of more relaxed capital rules. Helen Ball, a partner at Sacker & Partners LLP, noted there are many justifications behind both the present and former governments’ push to channel pension assets into the UK economy. She added that while the intentions are sound, every party must put savers first. Elsewhere, court decisions risk piling additional costs onto pensions and insurers. Providers may face extra blows on coronavirus (COVID–19) claims when several landmark test cases finish in 2025. Without government steps to narrow a Court of Appeal judgment from the summer, pension schemes might effectively hand members a blank cheque...
Practical implications This judgment reinforces the established approach in the authorities for identifying when a duty of care can arise in cases of negligent misstatement. It emphasises the need to show a special relationship between the author of the statement and the person relying upon it, captured by the assumption of responsibility test. If such a relationship is absent, the analysis must then address whether loss was foreseeable, the closeness of the parties’ relationship, and, ultimately, whether imposing a duty would be fair, just and reasonable in the circumstances. The authorities in Hedley Byrne, Caparo and Customs and Excise Commissioner were each approved. For further guidance on negligent misstatement, see Practice Notes: Negligent misstatement—founding a claim Negligent misstatement—defences and remedies How did the negligent misstatement issues arise in this case? The club engaged Burlington to obtain references for potential players at the club. Burlington’s involvement was to preserve confidentiality for customers who wished to keep their gaming activities private. Mr Barakat...
This Practice Note summarises what the SRA Accounts Rules (Accounts Rules) require in relation to receiving and transferring costs, and mirrors the SRA’s supporting guidance: SRA, Helping you keep accurate client accounting records. Money received or held in respect of unbilled fees or disbursements There is a defined meaning of client money. It includes funds you hold or receive towards your fees and any unpaid disbursements where these are received before you issue a bill for them. The SRA elaborates in separate guidance: ‘client money is money of any currency that is received and held as cash, cheque, draft or electronic transfer by a firm when they are providing legal services’. Examples include amounts for the firm’s fees, and any outstanding expert fees, received before a bill has been sent to the client for those sums. Where money held or received for unpaid disbursements is client money, it follows that money held or received in respect of disbursements already paid is office money. The general...
This Practice Note addresses several frequently asked questions that may arise when deciding whether to pursue a Third Party Debt Order (TPDO). For guidance on what a TPDO is and the steps to obtain one, see Practice Notes: What is a third party debt order (TPDO)? How to apply for a third party debt order (TPDO) Does a TPDO have to be issued against a financial institution? No. You can apply for a TPDO against any third party within the jurisdiction that owes money to your debtor. This extends to an individual who is a debtor of the judgment debtor. Can a TPDO be made in respect of cryptocurrency? Following the decision in Ion Science Ltd v Persons Unknown (2020) (not reported by LexisNexis), the High Court confirmed that crypto assets are capable of being treated as property and can be traced and enforced against, including via an application for a TPDO. For guidance, see News Analysis: First third-party debt...
ARCHIVED: This Practice Note is archived and is not being maintained. The Scrap Metal Dealers Act 2013 (SMDA 2013) governs the buying and selling of scrap metal and seeks to deter large-scale cable and metal theft. The Home Office assessed that there were 80,000–100,000 reported metal theft offences each year, imposing a minimum economic cost of £220–£260m. SMDA 2013 introduced an updated regulatory framework for the scrap metal recycling sector and vehicle dismantling, covering licensing for scrap metal dealer businesses and creating offences connected to operating such a business. Paying in cash for scrap metal Section 12 of SMDA 2013 makes it an offence to purchase scrap metal using cash. The rule applies to all scrap metal dealers. Under section 12, dealers must not pay for scrap except by cheque or electronic transfer. The dealer, the site manager, and any person acting on the dealer’s behalf who makes the payment are all within the scope of this offence...
To: Singapore International Arbitration Centre28 Maxwell Road, 03–01 Maxwell Chambers SuitesBY [ SPECIFY MODE OF DELIVERY ]Singapore 069115 Attn: The Registrar With copy, including all attachments, to: [ Insert name and address of all Respondents ]BY [ SPECIFY MODE OF DELIVERY ] Dear [ Registrar of SIAC ], We enclose a Notice of Arbitration, now lodged with the Singapore International Arbitration Centre (SIAC) in accordance with rule 3 of the SIAC Rules of Arbitration, 6th Edition, 2016 (SIAC Rules). A copy is being served on the Respondent(s) by the service method(s) indicated above. The service date is [ insert anticipated date of delivery ]. [ Pursuant to rule 3.1(k) of the SIAC Rules, we attach a local cheque for [ insert amount ], payable to the Singapore International Arbitration Centre, covering the required filing fee. OR Pursuant to rule 3.1(k) of the SIAC Rules, the sum of [ insert amount ], being the requisite filing fees, was remitted on [ insert date ]...
A: Introduction Date of monitoring review Person carrying out the review B: Consolidated data Periods: last [insert period] and last 12 months Suspected Accounts Rules breaches reported to the COFA Total breaches (serious and non‑serious) Serious breaches Reported to the SRA; if not same as “serious”, explain C: Data by compliance breach category Client money: non‑permitted use Client money: paid into office account Client money: wrongly withheld from client account Client account: incorrect withdrawal Client money: delay paying in Client money: not paid to client promptly/at all Client account: incorrect receipt Client account: other breach Interest policy breach Accounting records: office account Accounting records: client account Cheque/Bacs: incorrect signatory Bill of costs: miscalculation Accountant’s report Office account breach Other D: Conclusions from monitoring review Breach register current? Yes/No; if...
[ enter name of beneficiary ] [ enter address of beneficiary ] [ enter date ] Dear [ enter name of beneficiary ] The late [ enter name of deceased ] Following my letter of [ enter date of last letter ], I am pleased to confirm that the grant of probate has now been obtained for [ name of deceased ]’s estate. I [ enclose a cheque for £[ enter amount ] OR have today transferred £[ enter amount ] to your account with [ enter name of bank ] in line with your instructions ] as an interim payment from the residuary estate. Please acknowledge safe receipt by signing and returning the enclosed receipt [ in the envelope provided ]. [ I [ also ] enclose a copy of the draft accounts for your reference, setting out the distributions made as at today. ] When all assets have been realised, I will proceed with the final distribution and bring...