Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“LexisNexis is great as I can find the answers I am looking for really quickly. I believe that nothing should be more than 6 clicks away - and the products from LexisNexis deliver on this standard”

Avensure

Access all documents on Monitor

Monitor meaning

What does Monitor mean?
In corporate insolvency practice, a monitor is the licensed insolvency practitioner who oversees a company’s moratorium with the aim of facilitating a rescue as a going concern. This is a statutory office created by the Corporate Insolvency and Governance Act 2020 and set out in Part A1 of the Insolvency Act 1986 (England & Wales and Scotland), with broadly equivalent provisions in Northern Ireland under the Insolvency (Northern Ireland) Order 1989. Key features include: the monitor’s continuing duty to assess whether rescue as a going concern remains likely; power to require information; and obligations to file notices, report to creditors and the registrar, and apply to court for directions where needed. The monitor’s consent is required for specified transactions during the moratorium (for example, certain disposals outside the ordinary course, the grant of security, and payment of some pre-moratorium debts). Directors remain in control of the company, but the monitor must terminate or seek termination of the moratorium if statutory conditions are no longer met. Monitors must be appropriately qualified and independent; joint appointments are permitted. Their fees and expenses are moratorium debts with statutory priority. In Ireland, “monitor” is not a statutory role; analogous functions are performed by an examiner or...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Monitor

CHECKLISTS
SRA conflicts of interest compliance checklist for law firms: systems, registers, decisions, reviews and training (England and Wales)

This checklist guides you to take appropriate measures to spot, monitor and handle risks linked to conflicts of interest, and to comply with the SRA’s requirements. It mirrors the SRA Standards and Regulations. Requirement Compulsory or recommended Comments (if any) ☐ Implement a robust system to recognise and assess conflicts of interest, ensuring you do not act where a conflict exists unless an exception applies. See: -Practice Note: Conflicts of interest-systems and controls -Precedent: Conflicts, confidentiality and disclosure policy-law firms Compulsory - SRA Code for Firms, paras 2.1, 2.5, 6.1 and 6.2 (Insert any comments you may wish to make regarding your firm’s arrangements) ☐ Create a register of interests held by partners and staff, which you can consult to identify own‑interest conflicts. See Precedent: Register of interests to identify own interest conflicts. Recommended - This will help you identify conflicts and demonstrate compliance with the SRA Code for Firms, paras 2.1 and 2.5 (Insert any comments you may wish to make regarding your firm’s...

Read More Right Arrow
CHECKLISTS
Taking security over IP in the UK: lender checklist on mortgages and charges, ownership, validity, valuation, associated rights, and registration at Companies House and IP registries

Consider the nature of the IP right From a lender’s standpoint, use this checklist to pinpoint key points when taking IP as security and the steps to implement it... Identify the IP right and applicable law; patents, trade marks, registered designs and copyright can be mortgaged or charged... Select security: a legal mortgage (assignment plus redemption and exclusive licence‑back) offers stronger control than a fixed charge; for charges, restrict disposals and hold an executed undated assignment in escrow (verify foreign recognition)... Confirm ownership, term, existing security, licences and third‑party interests; demand warranties and title evidence, especially for unregistered rights... Assess validity and maintenance: search prior rights, check renewals and genuine use, monitor infringement, review litigation; obtain professional opinions where needed... Value the right and routes on default (licensing or sale); add complementary assets if required... Cover associated rights and materials: unregistered marks/goodwill (only with the business), unregistered designs, database right, know‑how/confidential information, domain names, and software/source code with escrow... Register...

Read More Right Arrow
CHECKLISTS
Law Firm Client Satisfaction and Feedback Monitoring Checklist (Lexcel-aligned)

Checklist This Checklist is aimed at law firms. It is intended to help you assess whether you have the necessary systems in place to monitor client feedback effectively. It should be read alongside the subtopic: How to measure client satisfaction...

Read More Right Arrow

View the related News about Monitor

NEWS
UK competition law update: DMCCA 2024 implementation—CMA digital markets monitoring plan, turnover/control regulations, water mergers amendments, CAT Rules changes, and Ofcom local media review

Digital markets CMA publishes plan to monitor UK’s digital markets regime The CMA has released a paper outlining the UK government’s approach to tracking and assessing the new pro-competition framework for digital markets (the Plan). It explains the monitoring and evaluation (M&E) work that both the CMA and government will carry out. Their M&E approach rests on three pillars: Process monitoring and evaluation the CMA will publish information on key output indicators for the regime in its Annual Report and Accounts the government and CMA will run continuous internal analysis to observe and review how the regime operates and to help address the overarching evaluation questions Impact monitoring and evaluation the CMA will take a case-by-case method when judging how well its competition requirements perform findings will appear in the CMA’s Annual Report and feed into a Post-Implementation Review (PIR), examining whether the regime has met its...

Read More Right Arrow
NEWS
UK and EU life sciences: regulatory, IP and trials updates—product liability review, EMA pharmacovigilance changes, MHRA modification pilot, DHSC pharmacist flexibilities, diagnostics investment, and litigation (Merck; AstraZeneca costs)

In this issue: Post-market Intellectual property Pharmaceuticals—regulatory framework Research and development Medical devices Daily and weekly news alerts New and updated content Trackers Useful information Post-market What’s next for UK product liability? Andrew Austin, partner; Harriet Hanks, counsel; and Rachel Duffy, senior associate at Freshfields LLP, examine the UK Law Commission’s review of the domestic product liability framework for defective goods, with a particular lens on emerging technologies such as artificial intelligence, and set against notable recent developments in the EU. See News Analysis: What’s next for UK product liability? EMA updates pharmacovigilance requirements and ends EudraVigilance pilot phase The European Medicines Agency (EMA) has released guidance following adoption of Commission Implementing Regulation (EU) 2025/1466, which amends Regulation (EU) No 520/2012. This change formally concludes the EudraVigilance signal detection pilot for Marketing Authorisation Holders (MAHs), and requires all MAHs with authorised medicinal products in the EEA, including Northern Ireland, to monitor EudraVigilance...

Read More Right Arrow
NEWS
UK dispute resolution weekly briefing: CPRC minutes; debt enforcement regulator; AI in practice; Commercial Court/LCCC thresholds; s172 unfair prejudice; APP fraud; litigation funding; cross-border enforcement; key dates

In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Civil Procedure Rule Committee Minutes Minutes of the Civil Procedure Rule Committee meeting of 9 May 2025: The Civil Procedure Rule Committee (CPRC) has released the minutes from its 9 May 2025 meeting. For more detail, the minutes can be accessed here. Consultations Regulation of the debt enforcement sector consultation: The Ministry of Justice (MoJ) has opened a consultation on setting up an independent statutory regulator for the debt enforcement sector in England and Wales. The regulator would supervise enforcement agents, High Court Enforcement Officers and their firms operating the Taking Control of Goods procedure, to protect vulnerable people, improve accountability and raise professional standards. The proposals would enable the regulator to accredit firms and individuals, collect and share data, monitor...

Read More Right Arrow

View the related Practice Notes about Monitor

PRACTICE NOTES
UK corporate governance and share schemes: Code framework, investor guidelines, Wates Principles, comply or explain reporting, AIM requirements and financial services remuneration

This Practice Note covers: the meaning of corporate governance governance considerations for private companies the UK stance on corporate governance in relation to share schemes, including: the regulatory position on share schemes institutional investor guidance how companies assess and monitor their compliance with the UK Corporate Governance Code (the Code) corporate governance for financial services firms as contrasted with other businesses This Practice Note sets out the core ideas of corporate governance and directs readers to fuller, more detailed Practice Notes on each regulatory and legislative strand of the UK framework, as well as the institutional investor guidelines. What is corporate governance? In broad terms, corporate governance concerns how companies are directed and controlled at the highest level. The governance framework aims to establish arrangements that ensure fair treatment across a company’s various stakeholders. The Cadbury Report of 1992 is widely seen as the original foundation of...

Read More Right Arrow
PRACTICE NOTES
Digital rights management in the UK: CDPA 1988 anti-circumvention, technological measures, permitted acts and enforcement

This Practice Note outlines the legal and practical considerations relevant to digital rights management (DRM), and examines how far technical tools and other safeguards can be deployed by rights holders to protect and administer their digital works lawfully and effectively in practice. It also sets out the categories of offences that may arise where technological protection measures are bypassed or where rights management information is abused in any context. What is digital rights management? DRM describes the technical mechanisms used by copyright owners of digital material to label, monitor and secure their assets. These controls are applied to block unauthorised copying, for instance by using encryption, ensuring that only approved software and permitted users can open a given digital file where appropriate. DRM also serves to identify content and to manage its distribution to consumers, eg by tracking how often a work is accessed for the purpose of calculating the royalties payable lawfully, or to support business models such as online music subscription services. For example, the video...

Read More Right Arrow
PRACTICE NOTES
Monitoring and reviewing anti-bribery and corruption procedures under the Bribery Act 2010: practical mechanisms, risk triggers and board reporting

Section 7 of the Bribery Act 2010 (BA 2010) introduced a corporate criminal offence of failing to prevent bribery. A defence is available where a commercial organisation can show it had adequate procedures in place to prevent it. The Ministry of Justice (MoJ) has published guidance on the procedures organisations should adopt to prevent bribery, framed around six principles. These principles are not prescriptive; they are designed to be flexible and outcome-focused. Bribery prevention measures should be proportionate to the organisation’s risk exposure. Once established, they should be monitored, reviewed and evaluated, a point reinforced by MoJ principle 6—Monitoring and review. This How to guide sets out some of the ways organisations can monitor, review and evaluate their anti-bribery and corruption procedures. Importance of monitoring systems Effective monitoring and review are vital to the long-term sustainability of an organisation’s anti-bribery and corruption programme and to its capacity to demonstrate adequate operating procedures. Principle 6 of the MoJ guidance provides that organisations should monitor and review procedures intended to...

Read More Right Arrow

View the related Precedents about Monitor

PRECEDENTS
Risk Management Policy and Procedures: Roles, Identification, Reporting, Scoring (Matrix), Risk Register, Strategic/Operational/Regulatory Compliance Controls, Higher-Risk Customers, Business Continuity, Training, Monitoring and Review

1 Introduction Risk management sits at the heart of how we work, and [ insert organisation’s name ] is dedicated to embedding effective risk control across the business—every colleague has a part to play in making this happen. This policy explains: what risk is; our approach to managing risk; who holds responsibility for risk; our methods for spotting, reporting and assessing risk; our risk management policies and procedures; details of risk training; how we will monitor and refresh this. It also includes our: Risk scorecard (matrix)—see Appendix 1; and Internal risk report form—see Appendix 2. 2 What is risk? Risk is the chance of loss or another harmful or unwelcome result. It may involve financial loss, but it can also be less measurable, for example harm to reputation. We group identified...

Read More Right Arrow
PRECEDENTS
Ireland-Loan Transactions: Pro forma Execution Checklist for Signing and Completion (Finance Documents, Virtual Completions via Escrow, Conditions Precedent, Waivers and Drawdown Notice)

Proforma checklist of documents for execution at signing and completion meetings in loan transactions This proforma checklist can be used by the lender’s solicitors to monitor, oversee and record the execution of documents at signing and completion meetings, or to be signed and circulated in escrow for closing virtually. It can be adapted for use with the relevant facility agreement. Signing is the point at which the parties execute the agreed versions of the finance documents and the deal becomes binding (albeit, in most cases, subject to certain conditions precedent being satisfied). Completion is the point at which money moves between the parties and the transaction is completed. Often, there is a gap between signing and completion which allows the parties to commit to the deal on signing but leave themselves a short period to satisfy the conditions attaching to funding. In other cases, signing and completion take place on the same day, in which case, all the conditions precedent to funding will need to be satisfied before...

Read More Right Arrow
PRECEDENTS
Precedent Claims Register (Excel): Recording Ongoing Claims and Tracking Litigation Risk

Use this template to maintain a log of all continuing claims facing the company to monitor and keep track of...

Read More Right Arrow

View the related Q&As about Monitor

Q&As
Parish council powers to procure ANPR monitoring at its car parks

The powers of a parish council Our research has focused on authority to take decisions. Nonetheless, particular issues arise for a public authority deploying ANPR cameras, and these must be weighed, alongside the public procurement ramifications of any contractual arrangement. A parish council is limited to acts expressly or implicitly permitted by statute or by subordinate legislation. More broadly, local authorities are generally empowered by statute to do anything calculated to facilitate, or conducive or incidental to, the carrying out of their functions, as set out in section 111 of the Local Government Act 1972 (LGA 1972). These limits and enabling powers frame any such decision-making process...

Read More Right Arrow
Q&As
Post‑authorisation pharmacovigilance obligations for medicines

Every medicinal product in the EU undergoes rigorous, systematic testing and evaluation of its quality, effectiveness and safety before it is authorised for use. After it reaches the market, continuous surveillance ensures that any factor which might influence a medicine’s safety profile is identified and evaluated carefully, and that appropriate actions are taken when needed. This ongoing monitoring is known as pharmacovigilance in the EU...

Read More Right Arrow