“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
1 High PavementAccess all documents on Personal register
SM&CR Compliance—Checklist Note: On 15 July 2025, the government announced the Leeds Reforms, which include plans to streamline the SM&CR. At the same time, the PRA and FCA published consultation papers CP18/25 and CP25/21. The regulators propose a two-stage reform, with Phase Two to follow, subject to legislative changes under HM Treasury consultation. Final Phase One requirements are expected mid-2026, with any Phase Two consultations dependent on HMT legislation. See News Analysis: Reform of the SM&CR—Proposals and next steps. Overview The Senior Managers and Certification Regime (SM&CR) is the UK framework governing individuals working in financial services. It aims to widen personal liability, prioritising senior management accountability and fostering a firm-wide culture of responsibility to reduce consumer harm and reinforce market integrity. The regime comprises: Senior Managers Regime (SMR) – ensures Senior Managers can be held to account for misconduct within their remits. Certification Regime – applies standards of conduct to individuals working in financial services. Conduct Rules – set conduct...
Flowchart This Flowchart outlines the requirements that need to be met for the court to determine that a transaction is an extortionate credit transaction and award relief. It should be consulted alongside Practice Note: Extortionate credit transactions—corporate and personal insolvency...
Trustees Verify who the present charity trustees are. Examine historic appointment and retirement deeds to validate earlier changes to the board. Consider whether any current trustees have obvious conflicts of interest. Trust instrument Review the trust instrument and identify the powers it grants. Record any express limits on exercising those powers. Note whether any of the charity’s land is functional, designated, or held in specie. Land and leases Identify the charity’s property holdings and carry out the following checks: Confirm that title to all land is current, checking whether required deeds or transfers were executed after trustee changes, or reliance is placed on statutory vesting; verify proper execution of all documents. Confirm that appropriate restrictions have been entered on the title register. Confirm, so far as possible, that the land was duly authorised on acquisition, and review every lease where the charity is landlord or tenant; note any onerous obligations, and check whether required notices were served after...
Under Regulation (EC) 1049/2001, commonly known as the Access to EU Documents Regulation, individuals may formally request access to documents held by the EU institutions concerning human and veterinary medicines (and those unrelated to medicines)...
Restructuring & Insolvency weekly highlights—29 August 2024 In this issue: Corporate insolvency processes Restructuring Personal insolvency Directors and insolvency Daily and weekly news alerts Corporate Rescue and Insolvency (August 2024 edition) New Q&A Corporate insolvency processes Company’s register of members | Conclusive or not for voting rights? (Bland v Keegan) In proceedings relating to JDK Construction Ltd (JDK), the Court of Appeal examined a challenge to the lawfulness of a written resolution appointing joint liquidators, alongside allegations of an unauthorised share transfer form. The Appellant argued her shares in JDK were wrongfully transferred, rendering the liquidators’ appointment invalid. The key question was whether the company’s register of members—recording her shares as transferred—was determinative for validating the members’ resolution. Affirming the decision of His Honour Judge Hodge KC, the Court of Appeal held that the register stands as prima facie evidence of who the members are and of the validity of resolutions passed by them, unless...
See Q&A A and B served each other with a mutual notice to sever their joint tenancy, yet only an uncertified copy survives. Shortly afterwards both executed wills indicating they regarded the joint tenancy as severed. A died soon after. A Form A restriction had not been placed on the register before A’s death. Can A’s executors now apply to enter a Form A restriction? In England and Wales, where property is co-owned, the registered proprietors (or the legal owners of unregistered land) hold the legal estate as joint tenants and hold it on trust for the beneficial owners—often themselves, though not invariably. The beneficial interest may itself be held either as joint tenants or as tenants in common...
In this issue: Trusts Court of Protection UK taxes for Private Client HMRC Manuals updates Insolvency—Private Client Charity and philanthropy Contentious trusts and estates Scotland, Wales and Northern Ireland International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&A Useful information Trusts Companies House publishes guidance on removal of overseas entities from register Companies House has issued guidance setting out the process for taking an overseas entity off the Register of Overseas Entities. It applies where the entity no longer holds registered title to UK land or property acquired on or after 1 January 1999 in England and Wales, 8 December 2014 in Scotland, and 5 September 2022 in Northern Ireland. The guidance confirms the entity must have disposed of all UK property or land, and the transfer of ownership...
A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....
A privacy risk register is a mechanism for bringing together, documenting, monitoring and administering all data protection, information security and privacy risk information in a single location. This Practice Note walks you through how to create such a register. See Precedent: Privacy risk register. The UK GDPR does not mandate keeping a privacy risk register, though guidance from the Information Commissioner’s Office (ICO) indicates the regulator views it as good practice. To build one, you must first pinpoint data protection risks within your organisation. This involves reviewing: The personal data you hold How you handle and process it The purposes for processing With whom it is shared Internal data flows Any transfers of personal data outside the UK Measures to keep personal data accurate and current Retention periods and destruction procedures With these insights, you can determine your data protection and privacy risks and complete the register. Identifying privacy risks—risk assessment To craft an effective...
A bankrupt is discharged from bankruptcy one year after the bankruptcy begins, unless the court suspends that discharge because the bankrupt has failed to co-operate with the official receiver (OR) or the trustee in bankruptcy (trustee) (IA 1986, s 279). On discharge, the disqualifications and restrictions that apply to an undischarged bankrupt come to an end. For further detail on those disqualifications and restrictions, see Practice Note: The immediate effects of a bankruptcy order on the bankrupt. What is the bankruptcy restrictions regime and why was it introduced? In cases where bankruptcy is not the product of honest misfortune, but arises from the bankrupt’s misconduct or recklessness, it is regarded as appropriate that the bankruptcy disqualifications and restrictions should continue for longer than one year, to protect the public interest and act as a deterrent. Accordingly, the Enterprise Act 2002 (EnA 2002) introduced a new section (IA 1986, s 281A) and a Schedule (IA 1986, Sch 4A) into the IA 1986, so that, from 1 April 2004, the...
1 Background information Assessment covering [ specify if the assessment applies to the entire organisation or a particular department ] Assessor [ insert name ] Assessment date [ insert date ] 2 Which personal data do you obtain and/or keep? Reflect on the personal data you receive and/or store, and identify any inherent risks. 2.1 Review Category of personal data Type of data How is it acquired? How is it stored?...
1 Background information Assessment covering [ state whether the assessment relates to the whole organisation or a specific department ] Individual carrying out the assessment [ insert name ] Date the assessment was conducted [ insert date ] 2 What personal data do you receive and/or hold? 2.1 Consider and list the categories of personal data you receive and/or hold: Customer names and addresses Customer orders and invoices Employee data including HR files [ Supplier lists ] [ Information in CRM system ] Customer website preferences/IP addresses [ Insert other ] [ Insert other ] 2.2 Complete the table below, identifying associated risks and action points. For each risk identified, take one of the following approaches: Note a prompt action to tackle the risk immediately (appropriate for straightforward risks that can be resolved swiftly), or Record that it should be included in your privacy risk register (use...
1 General information Review date [ Insert date ] Reviewer(s) [ Insert name(s) ] 2 Data analysis Criteria During the past [ insert period, eg quarter ] Across the previous 12 months Total complaints received [ Insert number ] [ Insert number ] Categories of complaints received ☐ No reply to a data subject request—[ insert number ] ☐ Incomplete reply to a data subject access request (DSAR)—[ insert number ] ☐ Personal data security incident—[ insert number ] ☐ Incorrect personal data—[ insert number ] ☐ Unsuitable data sharing—[ insert number ] ☐ Direct marketing—[ insert number ] ☐ Retaining data for too long—[ insert number ] ☐ Using personal data for purposes not notified to the data subject ☐ Going beyond the scope of consent—[ insert number ] ☐ Other—[ insert number ] ☐ No response to a data...
We have concentrated specifically on sections 108–110 of the Digital Economy Act 2017 (DEA 2017) and sections 132–133 of the draft Data Protection Bill 2017 (DPB 2017) for the purposes of this Q&A. Part III of the Data Protection Act 1998 (DPA 1998) obliges data controllers who handle personal data to notify the Information Commissioner of their processing for inclusion in the register maintained by the Information Commissioner’s Office (ICO). Controllers seeking to register must pay an applicable fee. For further details, consult the Data Protection (Notification and Notification Fees) Regulations 2000, SI 2000/188, and official guidance from the Information Commissioner...