Main Principles meaning

This Checklist outlines the main factors a controller would ordinarily consider when undertaking an audit with a view to assessing whether a potential or current processor of personal data is suitable under the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR). For more detail about controllers’ obligations and engaging processors within the UK GDPR regime, see the following Practice Notes: The UK General Data Protection Regulation (UK GDPR) Key definitions under UK data protection law Supply chains under data protection law—arrangements between controllers and processors Audits of processors Although processors subject to the UK GDPR have distinct duties under the legislation, controllers remain accountable for a processor’s handling of personal data carried out under their instructions and on their behalf. Under the accountability principle of the UK GDPR, the controller is responsible for, and must be able to demonstrate, compliance with the data protection principles in Article 5(1) UK GDPR—which include lawfulness, fairness and transparency; purpose limitation;...

This Checklist This Checklist outlines the main points to weigh up when preparing, reviewing or negotiating a parent company guarantee (PCG) for an employer receiving one. While the terms ‘contractor’ and ‘employer’ are used, the same principles apply to a contractor–sub‑contractor arrangement or to an employer/contractor working with a consultant. As PCGs are commonly bespoke, the specific circumstances must always be assessed. Is the contractor obliged to deliver a PCG under the building contract? If not, there is no duty to supply one and provision will be a matter for negotiation. The contractor may still agree, to reassure the employer about its solvency and commitment to the project, and to create or preserve a constructive relationship with the employer. The employer should also confirm any specific timing for delivery of the PCG—for example, on contract signature, within a defined period after signing, or as a condition precedent to the first payment... Who do you want to be the guarantor?...

ARCHIVED: This archived checklist summarises how the 2014 edition of the UK Corporate Governance Code differed from the 2012 edition of the UK Corporate Governance Code. It is no longer maintained and is provided for background purposes only and for reference. Checklist—2012 UKCG Code and 2014 UKCG Code compared In September 2014, the Financial Reporting Council issued a new, updated version of the UK Corporate Governance Code (the 2014 UKCG Code) following its biennial consultation on potential amendments to the UK Corporate Governance Code (UKCG Code), which began in April 2014. The 2014 UKCG Code took effect for companies with accounting periods starting on or after 1 October 2014. The following summary shows how the 2014 UKCG Code diverged from the version published in 2012: Provision — 2012 UKCG Code — 2014 UKCG Code compared Preface: Wording specific to the 2012 edition and the earlier review of the UKCG Code was removed, and the section as a whole revised. The Main...

In this issue: Advertising, marketing and sponsorship Brexit Contracts International Sale and supply of goods Supplier management Supply of services LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship The Competition and Markets Authority (CMA) has released a practical compliance guide (the Guidance) on environmental claims for fashion brands, drawing on the principles in its Green Claims Code (the Code). It has also encouraged 17 fashion brands to revisit their green claims in light of the Guidance. In their article, Nigel Parr, partner, Christopher Eberhardt, counsel, and Olivia Spong, associate, at Ashurst, set out the main insights from the Guidance and consider the potential consequences for businesses both inside and beyond the fashion industry, including effects on internal procedures and engagement across supply chains. See News Analysis: CMA publishes guidance on environmental claims in the fashion sector. ASA rulings—2...

Poste Hotels Ltd v Cousins [2020] EWHC 582 (Ch) The central question was whether the defendant enjoyed a parking easement giving her the liberty to leave a vehicle in Church Court, Stamford. The County Court judge found that she had acquired such a parking right by prescription, and the claimant challenged that conclusion on appeal. What are the practical implications of this case? The ruling restates key principles on prescriptive easements that advisers should note: Where there are two plausible lawful bases for the use, and the pattern of enjoyment fits either explanation equally, use as of right is not made out A prior grant of a right of way across the car park did not prevent the car park owner from being capable of granting a (hypothetical) right to park, which would operate subject to the earlier right of way; however, the prior grant could not be disturbed Parking may still be ‘as of right’ even if it is exercised subject to the...

Sodzawiczny v Ruhan and others [2018] EWHC 1908 (Comm) What are the practical implications of this case? The judgment places primary emphasis on how the court should approach an application to stay proceedings under AA 1996, s 9. Following an extensive analysis of the authorities, Popplewell J articulated the governing principles as follows: treat as matters raised by the proceedings any issue capable of amounting to a dispute or difference that may fall within an arbitration agreement where issues are not fully set out or developed, the court should seek to foresee and identify those which may reasonably arise stay the proceedings so far as any issue falls within the scope of the arbitration agreement; the exercise is not to single out the main issue, but to find all issues that could be the subject of arbitration where a dispute is arbitral, the parties’ bargain to arbitrate must be given effect in considering the claim, the court should look at the nature...

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 outlines the key rules for taxing income, capital gains, lifetime gifts and estates on death (inheritance tax), together with stamp duty land tax, on the basis of an individual who is UK-resident and domiciled. As tax legislation is frequently amended, this note is not, and must not be, treated as a replacement for specific professional advice where required. Income tax Individuals are charged to income tax on their overall income, with distinct regimes applying to different income streams and to qualifying outgoings that can be set against that income. The main categories of income include: pay from employment, or profits from a trade, profession or vocation (on which national insurance contributions are also due) rents from furnished or unfurnished property or land interest and dividend receipts overseas income (which may already have suffered foreign tax) A personal allowance is deducted from an individual’s total income before calculating the tax, provided their annual income (after deductions for...

This Practice Note examines the jurisdictional service gateways, or bases for service, in CPR PD 6B, paras 3.1(21)–3.1(23), which address claims concerning breach of confidence and misuse of information. It outlines the gateways and offers observations on how the courts have interpreted, or may interpret, them. This Practice Note should be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). For guidance on the substantive claim to safeguard confidential material, see: Protecting confidential information—overview. Where the requirements of gateway 21 are satisfied and an additional claim is pursued against the same defendant arising from the same, or closely connected, facts, that additional claim may come within gateway 4B. For further guidance, see Practice Note: Cross-border service—jurisdictional gateways 1, 1A, 2, 4 and 4A (general grounds), in particular the main section: Gateway 4A—further claim arises out of the same or closely related facts... Claims for breach of confidence or misuse of private information—gateway 21 Gateway 21 (CPR PD 6B, para 3.1(21)) provides: ‘Claims for breach of confidence or misuse of...

Your personal brand should consistently and reliably mirror who you genuinely are and what you represent in practice day to day. Use this self-review and action plan to capture essential information about yourself, helping you to develop a strong, authentic brand that resonates. As you progress through it, you may identify actions to pursue or areas that need further development and focus. 1 What are your core aims? What outcomes are you specifically seeking to accomplish? [ Insert clear details of what you are trying to achieve, e.g. to attain partnership by December 2027 ] 2 What is your product, eg you? What are your fundamental values and guiding beliefs? [ Insert what principles or beliefs truly matter to you and influence your choices, behaviour and actions each day ] What qualifications and credentials do you hold? [ Insert relevant details ] What are your main skills and strengths? [ Insert relevant details ] Which notable...

STOP PRESS Significant reforms to the UK prospectus regime take effect on 19 January 2026. From that date, the core rules for public offers of securities and UK admissions to trading will chiefly be contained in the Public Offers and Admissions to Trading Regulations 2024, SI 2024/105 (the POATRs), together with the FCA sourcebook, The Prospectus Rules: Admission to Trading on a Regulated Market (PRM). The UK Prospectus Regulation and the FCA Prospectus Regulation Rules will be revoked. The changes are intended to streamline capital raising and markedly cut the circumstances in which a company must publish an FCA approved prospectus for further share issues. For full information on the changes see Practice Note: UK prospectus regime reform. 1 Introduction 1.1 This memorandum has been prepared for the directors and proposed directors (the Directors) of the Company to give a broad overview of the principal responsibilities and obligations of a director of a company whose shares are admitted to the equity shares (commercial companies) category on the...

This term sheet outlines a plan to motivate key staff of [ insert name of company ] (the ‘Company’) through the award of statutory tax-advantaged Enterprise Management Incentive (EMI) share options over the Company’s shares (‘EMI Options’). All matters raised here are for discussion only and should be considered carefully before any implementation. 1 Overview The EMI scheme is a very adaptable and tax-efficient share option arrangement designed specifically for small/medium-sized businesses. EMI is among the most popular share option schemes available to companies. EMI Options must be granted for genuine commercial reasons to recruit or retain an employee, and not as part of any scheme or arrangement where the main purpose (or one of the main purposes) is the avoidance of tax. Under this proposal, participants will be granted EMI share options with an exercise price set at the date of grant. The EMI scheme operates on a discretionary basis...