Knowledge meaning

This checklist sets out the general limitation periods for personal injury and clinical negligence claims, and notes the categories of claims that depart from the standard time limits. Practitioners should remain alert to personal injury matters to which the Limitation Act 1980 (LA 1980) does not apply. For those claims, refer to: Exceptions to the general rule mentioned below... The general rule Under the LA 1980, the default limitation periods in the great majority of personal injury and clinical negligence claims are as follows: Type of claim Time limit When does limitation begin to run? Is there discretion to extend time?

The suitability obligation All authorised firms are subject to a suitability obligation, which requires them to take reasonable steps to ensure that any personal recommendations, or decisions to trade, are suitable for their clients. The suitability obligation applies to: firms providing investment advisory services, and firms providing discretionary portfolio management services Firms providing non‑advised investment services will instead be subject to the appropriateness obligation (see Practice Note: Appropriateness). Firms must gather the information ‘necessary’ about their clients in respect of their: knowledge and experience in the investment field relevant to the type of investment or service, financial situation, and investment objectives For more information on the suitability obligation, see Practice Note Suitability. When does the obligation to provide a suitability report apply? In certain circumstances, firms are required to provide suitability reports to their clients under COBS 9.4...

Checklist on expert evidence in Scottish civil litigation This checklist outlines the principal factors for a solicitor contemplating engaging an expert in a civil dispute before the Scottish courts. It should be read alongside Practice Notes: Expert evidence in Scottish civil litigation-general considerations and Leading expert evidence in Scottish civil litigation-rules and procedure. Issue Considerations Assessing the need for an expert witness What kind of dispute is involved (for instance, a professional negligence claim will typically require an expert report before proceedings are commenced)? Is instructing an expert reasonable and proportionate when measured against the value of the claim? Is there a need to instruct more than one expert? Admissibility of the expert evidence Is expert assistance required to enable the court to decide the issues? Does the expert possess the appropriate knowledge and experience? Will the expert remain impartial in their presentation and assessment of the...

This Flowchart sets out the National Crime Agency (NCA) glossary codes most frequently used when completing a Suspicious Activity Report (SAR) via the SAR Portal, together with the additional reporting avenues you ought to consider and assess. The complete list of SAR Glossary Codes appears in SAR Glossary Codes and Reporting Routes for reference. Note 1 SARs regime The SARs regime is not a vehicle for reporting crimes or issues involving immediate danger to others. It exists to enable disclosures of knowledge or suspicion of money laundering or terrorist financing strictly under the Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000). Alongside sending a SAR to the NCA, you may therefore need to notify the matter by alternative routes, eg if an offence is underway or there is an immediate risk to a person. We have indicated where this could be appropriate and relevant. Where feasible, make these additional notifications first, so any urgent concerns can be handled swiftly by the relevant...

Alrubie v Chelsea Football Club Ltd and another [2025] EWHC 541 (Comm) What are the practical implications of this case? This decision will particularly interest arbitration practitioners and professionals working in sports clubs, and could equally concern other organisations whose members are controlled by association rules. Commonly, those participating in professional sports clubs accept, by reason of their membership, that they are bound by the club’s rulebook and by the regulations of any national and worldwide governing bodies. Such regimes routinely incorporate arbitration agreements, owing in part to the confidentiality of arbitral proceedings, which protects against undesirable public attention, and in part to the ability to appoint arbitrators with specialist knowledge of the sport’s rules and industry practices. The case clarifies that these rules may have ‘horizontal’ contractual effect between members, as well as ‘vertical’ effect between each member and the governing body, notwithstanding the absence of any express bilateral agreement between members. It underlines how membership-based governance can, through the acceptance of rulebooks, generate binding obligations that...

In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Data protection Sale and supply of goods Supplier management LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers ASA rulings—6 November 2024 The Advertising Standards Authority (ASA) received two complaints about CurrencyWave and Eurostar. Complainants said CurrencyWave’s ad wrongly implied Financial Conduct Authority regulation and used inaccurate price comparisons. For Eurostar, concerns were that Instagram and Facebook ads overstated the availability of £39 fares and omitted key information. The ASA upheld both. See: LNB News 06/11/2024 51. ASA publishes its Vaping Project Review on vaping ads targeted at under-18s The ASA has issued its Vaping Project Review, detailing outcomes from investigations, tech-assisted monitoring, enforcement, stakeholder engagement and advisory work on ads aimed at under-18s since June 2023. It found influencers, companies, agencies and vaping brands posting paid and organic content, plus brand...

Original News Anderson v HMRC [2016] UKFTT 0565 (TC) What was the case about? In his tax return, Mr Anderson sought £3m of relief under sections 64 and 72 ITA 2007, claiming losses from trading activities labelled ‘football development’. He had put funds into the Bafana soccer academy in South Africa, created to cultivate emerging football talent and generate income through the profitable transfer of successful players. HMRC issued a discovery assessment, asserting the losses did not stem from a trade conducted on a commercial basis with a view to profit, and that the predominant purpose of the activity was to secure a tax advantage. Why did the appellant dispute the validity of the discovery assessment? The appellant’s central challenge was that there had been no ‘discovery’. At the point the assessment was raised, HMRC, he said, lacked reasonable grounds to believe Mr Anderson had been under-assessed, as it did not possess adequate information to support such a conclusion at the relevant time. In particular, the...

Resource Note This Resource Note signposts key commentary, analysis and materials to aid interpretation and offer practical direction on using Chapter 2 of the Disclosure Guidance and Transparency Rules (DTR 2). Where relevant, it draws on: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base—Procedural and Technical notes (formal guidance binding on the FCA) FCA consultation and discussion papers, policy and feedback statements, and warnings Primary Market Bulletins and other FCA publications legacy UKLA technical and procedural notes and the UKLA’s newsletter List!, where still pertinent assimilated EU legislation EU Directives and EU Regulations, where helpful to construing a provision Lexis+® UK analysis and resources Setting the scene What it covers: DTR 2 prescribes the framework for issuers to disclose and manage inside information, supporting timely and even-handed release of market-sensitive information. It also identifies specific situations permitting a delay to public disclosure of inside information, together with the safeguards required to keep such information...

This Resource Note spotlights commentary, analysis and materials to aid interpretation and give practical guidance on applying Chapters 1, 1A, 1B and 1C of the Disclosure Guidance and Transparency Rules: DTR 1, DTR 1A, DTR 1B and DTR 1C respectively. Materials referenced here include, where pertinent: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base guidance—Procedural notes and Technical notes (constituting formal guidance and binding on the FCA) FCA consultation papers, discussion papers, policy statements, feedback statements and warnings Primary Market Bulletins and other FCA publications former UKLA technical and procedural notes and the UKLA newsletter List!, where still relevant to interpreting or applying a provision assimilated EU legislation EU Directives and EU Regulations, where relevant to interpreting a provision Lexis+ UK analysis and resources Setting the scene What it covers: DTR 1 sets out the Disclosure guidance, explaining its scope and purpose; DTR 1A sets out the transparency rules with their scope and purpose;...

This Practice Note on economic torts This note summarises, at a high level, the key differences when pursuing claims for lawful means conspiracy, unlawful means conspiracy, the tort of unlawful interference, and procuring a breach of contract. Practice Notes: Civil conspiracy claims (economic tort) Lawful means conspiracy (civil action) Unlawful means conspiracy (civil action) Economic tort of unlawful interference The tort of procuring a breach of contract Closely connected to procuring a breach of contract is the so‑called ‘Marex tort’, a cause of action founded on an alleged deliberate infringement by the defendant of the claimant’s rights in a judgment debt; see Practice Note: The Marex tort (interference with a judgment debt). These claims may (though need not) involve a fiduciary or agent, including company directors. For further guidance, see: Claims against directors—key considerations for dispute resolution practitioners Agency disputes Fiduciary Duties Fiduciary duties—remedies for breach Such causes...

IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, KINGS’S BENCH DIVISION, COMMERCIAL COURT before [ The Honourable Mr Justice OR The Honourable Mrs Justice ] [ insert name of judge ] (in private session) Claim No. [ insert claim number ] between: [ insert name(s) ] as Claimant(s)/Applicant(s) and [ insert name(s) ] as Defendant(s)/Respondent(s) [ The Claimant(s) and Defendant(s) in an Intended Action ] DRAFT FREEZING ORDER PENAL NOTICE If you, [ insert name of respondent(s) ], do not comply with this order, you risk being found in contempt of court and could face imprisonment, a fine, or confiscation of assets. Anyone else with knowledge of this order who assists or allows the Respondent to contravene it may likewise be found in contempt and be imprisoned, fined, or have their assets taken. 1 THIS ORDER 1.1 By order of Mrs/Mr Justice [ ] on [ ], this Freezing Injunction is granted against [ ] (‘the...

PART [ Seven ] ADDITIONAL INFORMATION 1 Responsibility 1.1 The [ Offeree ] Directors, whose names are set out in paragraph 2.1 below, accept responsibility for the information in this document, save for the information for which others take responsibility pursuant to paragraph [ s ] [ 1.2 and ] 1.3 below. To the best of the knowledge and belief of the [ Offeree ] Directors (who have taken all reasonable care to ensure this), the information in this document for which they are responsible accords with the facts and does not omit anything likely to affect the import of that information. 1.2 [ The [ Offeror Parent ] Directors whose names are set out in paragraph 2.2 below accept responsibility for the information in this document relating to [ Offeror Parent ], the [ Wider ] [ Offeror ] Group (including [ Offeror ]), the [ Offeror Parent ] Directors, the [ Offeror ] Directors and their respective close relatives, related trusts and connected persons, and...

Effective from [ insert date ], this statement of investment principles applies. 1 Statement of investment principles 1.1 Purpose of statement This document outlines the principles that steer decisions on investing the assets of the [ insert name ] Pension Scheme (the Scheme). It is published by the Trustees of the [ insert name ] Pension Scheme (the Trustees) to meet the requirements of the Pensions Act 1995, s 35. 1.2 Review The statement will be assessed each year. The Trustees may conduct an ad hoc review at any time if they consider there has been a material change in investment policy, or any other circumstances affecting the Scheme. 1.3 Advice The Trustees have received and evaluated written advice on the contents of this statement in a letter from [ insert name of investment consultant or actuary ]. [ insert name ] have confirmed to the Trustees that, through their ability and practical experience in financial matters, and with appropriate knowledge...

Rights when assignee’s lease forfeited because of a former leaseholder’s breach An assignee’s personal exposure for breaches committed before a lease is assigned is restricted, and a tenant will generally be responsible only where the lease contains an express covenant dealing with those breaches and allocating liability. Without such an express term, the landlord has no covenant to pursue against the assignee for defaults that were fully committed prior to the assignment of the lease. Forfeiture, by contrast, is a proprietary remedy rather than a personal one under the lease. It can be exercised by a landlord against a tenant for breach of covenant under that lease. See Practice Note: ....

What are the formality requirements for assigning a commercial lease? There are three principal formalities for assigning a lease. First, the agreement to assign must be in writing and signed, and it must contain all terms expressly agreed by the parties in a single document or, if contracts are exchanged, in each counterpart (section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)). Second, the assignment must be carried out by deed, even where the lease itself was originally granted orally (section 53 of the Law of Property Act 1925; Crago v Julian). Third, if the lease being transferred is a registered lease, the assignment only completes once it has been registered at HM Land Registry (section 27(1)(a) of the Land Registration Act 2002 (LRA 2002))...