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Checklist This checklist sets out the stages that may arise at a magistrates’ court hearing of a complaint seeking the forfeiture of cash under section 298 of the Proceeds of Crime Act 2002. For more detailed guidance on the cash forfeiture process, see Practice Note: Forfeiture of cash by court order. Any person who has been given notice of the application may attend the hearing and make representations The application is treated as a complaint, so the applicant is the ‘complainant’ and the respondent is the ‘defendant’...
In this issue: Advertising, marketing and sponsorship Contracts Data protection Public procurement Sale and supply of goods Supply of services International Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings— 8 May 2024. The Advertising Standards Authority (ASA) considered a complaint about a website promoting a gambling offer that did not set out key entry conditions. The complainant queried whether the advertisement misled consumers. The ASA agreed and upheld the complaint. See: LNB News 08/05/2024 29. Contracts Supreme Court clarifies law on damages and assessment of goods (Sharp Corp Ltd (Respondent) v Viterra BV (previously known as Glencore Agriculture BV) (Appellant)). In Sharp Corp Ltd v Viterra BV (previously known as Glencore Agriculture BV) [2024] UKSC 14, the Supreme Court unanimously allowed the appeal and also allowed the cross-appeal, sending the Awards back to the Appeal Board for reconsideration. Lord...
In this issue Advertising, marketing and sponsorship Consumer protection International Public Procurement Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Advertising, marketing and sponsorship ASA rulings—26 February 2025 The Advertising Standards Authority upheld two challenges concerning an email from Maki Online Services Ltd t/a Nino Apply, which exaggerated the consequences of not renewing a Biometric Residence Permit and failed to disclose the availability of a free eVisa. See: LNB News 26/02/2025 21. CAP and BCAP launch further consultation on 'less healthy' ads rules Acting for the ASA, the Committees of Advertising Practice (CAP and BCAP) have begun a further consultation on introducing new restrictions on promoting ‘less healthy’ food and drink to children. From October 2025, these rules will bar such advertising on TV and online during set periods. Input is requested on refreshed guidance for applying the rules, following responses to...
Original news Mr T (CAS-64304-R5R1)—14 April 2025 Summary The Pensions Ombudsman dismissed a complaint concerning the distribution of death benefits from a pension scheme. It concluded the scheme administrator’s decision was reasonable, neither irrational nor perverse. The complainant was not named in a supposed will—which was invalid as it lacked witnesses—and was the sole beneficiary of the late member’s estate. Before deciding, the administrator carried out extensive enquiries. This outcome serves as a reminder that trustees and administrators of pension schemes should undertake appropriate enquiries when determining death benefit payments. What were the facts? Mr S was a member of the AJ Bell You Invest Self invested Personal Pension Plan (the Scheme). Following his death, he was survived by, among others, Mr T. Mr T had entered into a civil partnership with Mr S...
This Practice Note is aimed at commercial organisations across the UK. It sets out practical direction on responding to data protection complaints and points to supporting tools designed to mirror the ICO’s suggested complaints-handling approach. At present, organisations are not legally required to manage data protection complaints; the UK GDPR grants the right to complain to the Information Commissioner’s Office (ICO). From 19 June 2026, however, the Data (Use and Access) Act 2025 (DUAA 2025) will introduce mandatory complaint-handling duties for commercial organisations—see section: Impact of Data (Use and Access) Act 2025. Until then, guidance and tools issued by the ICO indicate the ICO will generally not take forward a data protection complaint unless it has first been raised with the organisation concerned... The right to complain Data subjects may lodge a complaint with the ICO where they believe their personal data has been processed in a manner that breaches the UK GDPR. They can also complain to the ICO through a not-for-profit body, organisation or association. The...
Evidence of a defendant’s good character in criminal proceedings is admissible and may relate to propensity, credibility, or both: propensity — the defendant is less likely to have committed the charged offence credibility — the defendant is more truthful than a person without such character Procedure for giving good character directions As a lack of convictions does not of itself prove good character, where reliance is placed upon it, it is the responsibility of defence counsel and the defendant to ensure the judge is made aware. If there is any uncertainty, it is good practice for the judge to raise the point with counsel. Any proposed good character direction should be provided to counsel, and counsel for both the prosecution and the defence should be given the chance to make submissions (R v Gonzales [2004] EWCA Crim 2117 (not reported by LexisNexis®)). Who is entitled to a good character direction? The law on good character directions was carefully reassessed by...
The Financial Ombudsman Service (FOS) has two areas of jurisdiction: the compulsory jurisdiction (that is, the part of the FOS to which firms authorised by the Financial Conduct Authority (FCA), payment service providers, electronic money issuers and certain other entities are obliged to submit under binding regulatory requirements), and the voluntary jurisdiction (that is, the part of the FOS for businesses not within the compulsory remit but wishing to sign up to the FOS’s scheme and participate contractually) Both “compulsory jurisdiction” and “voluntary jurisdiction” are described in full in the Glossary to the FCA Handbook. The voluntary jurisdiction of the Financial Ombudsman Service is addressed in Chapters 2 and 4 of the FCA’s Dispute Resolution: Complaints Sourcebook (DISP), and is provided for by section 227 and Schedule 17, Part IV of the Financial Services and Markets Act 2000 (FSMA 2000). Under FSMA 2000, s 227(1)–(2), the FOS may examine a complaint that concerns an act or omission by a firm (the respondent) in...
1 General information Date complaint received [ Enter date ] How was the complaint received? ☐ Email ☐ Letter ☐ In person ☐ Telephone ☐ Other—[ please specify ] When replying to the complainant, choose the most appropriate communication method. Date complaint acknowledged [ Enter a date that should be 30 days from the date you received the complaint. ] Proposed deadline for responding to complaint [ Enter a date that meets the expectation that you will handle the complaint without any delay. ] Person investigating complaint and completing this record [ Provide details of the individual who investigated the complaint and completed this report. This could be your data protection officer. ] Date of report [ Enter date ] 2 Complainant Name of data subject ...
[ Insert complainant’s name ] [ Insert complainant’s contact address ] Our ref: [ insert complaint reference number ] Dear [ Insert complainant’s name ] Your complaint I am writing to confirm that your complaint, received on [ insert date complaint received ], continues to be managed in line with the enclosed [ Complaints policy ], and to share an update on progress to date. [ asked for and obtained a copy of your file ] [ carefully examined the file ] [ carried out interviews with [ insert details of any interviews conducted ] ] [ held internal meetings with [ insert details of any internal meetings ] ] [ held external meetings with [ insert details of any external meetings ] ] [ taken receipt of from you [ insert details of any additional information/documentation received from the complainant that you have considered or are considering ] ] The anticipated timescales for...
1 General Complaint Complaint reference number [ Enter number ] File reference (if applicable) [ Enter number ] Complainant’s name [ Enter name ] Person handling the complaint [ Enter name ] Date the complaint was received [ Enter date ] Complaint category [ Enter category ] 2 Complainant’s name, contact address and contact details [ Enter details ] 3 Short summary of the complaint [ Enter brief summary ] 4 List of each specific issue complained about To maintain confidence in our complaints handling, we must respond to the precise points raised and avoid covering issues the client has not highlighted. [ Enter details ] 5 Remedies requested by the complainant [ Enter details ] 6 Date by which we have agreed to respond [ Enter date ] 7 Details of any immediate action taken [ Enter details ] 8 Complaint added to complaints register?...