“The forms and precedents section is essential so that I can quickly and easily look up provisions to include in templates or bespoke project contracts.”
RWEAccess all documents on Risk register
This checklist outlines the main points to address when representing either the relevant lender or the borrower in a real estate finance deal. It proceeds on the basis that any such property acquired and/or developed is situated within England or Wales. Principal issues include: verifying that the documents supplied by the seller of the property are adequate and sufficient to secure good title and to effect registration of the property checking that all parties possess the capacity and authority to enter into the transaction assessing whether the transaction involves any bodies incorporated or constituted overseas that intend to buy, sell or otherwise deal with the property. See Practice Note: The register of overseas entities and its impact on loan transactions (Economic Crime (Transparency and Enforcement) Act 2022), and evaluating whether the transaction involves the proposed development of a property and, in particular, whether it includes a ‘higher-risk building’...
This checklist aims to help you assess whether you have suitable systems in place to meet regulatory obligations concerning information management and security. Required document or action ☐ Have you determined what information you hold and/or are accountable for? See Precedent: Data processing register. ☐ Have you appraised risks affecting those assets? See Precedents: Data protection risk assessment-short form or Data protection risk assessment-long form. ☐ Do you maintain procedures to safeguard those assets, eg as articulated in an information ...
It is vital for proprietors of trade mark registrations to ensure correct use, so the public recognises them as badges of origin for the relevant goods and/or services, and to lessen the risk of third-party challenges claiming the marks have become generic or misleading, or that they lack distinctiveness. For more information, see: Trade mark transactions and management-overview Practice Note: Managing a trade mark portfolio Practice Note: Removal of UK trade marks from the register-expiry, surrender, invalidity and revocation To assist, clear guidelines on trade mark usage should be created, with training provided to internal teams and to third-party users of trade marks such as distributors, advertising agencies and retailers, covering correct usage. A checklist of points to include in such guidance is set out below. Only use the trade mark as registered, without variations and abbreviations This applies to both written and spoken use of the trade mark. Distinguish the trade mark from the surrounding text A...
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)...
Flowchart This flowchart sets out the way in which UK non-residence or residence is established—firstly by applying the automatic overseas test, and secondly by considering the automatic UK test. Please also see the Statutory residence test and residence flowchart (sufficient ties), as well as the Statutory residence test ‘home’ flowchart...
On 5 February 2025, the broking and risk adviser reported in its Global Insurance Market Index that average costs kept sliding further in the last quarter of 2024, following a 1% decline between the second and third quarters of that same year. Marsh noted the steepest reductions late in 2024 were in the UK and the Pacific, where typical prices dropped by 5% and 8%, respectively, according to the report. In the US, rates were unchanged over the same time period, the report said. Globally, property insurance pricing fell by 3%, the study added. Casualty insurance rates were the only major class to register an increase across the...
In this issue: Key R&I law developments Corporate insolvency procedures Creditors’ involvement Property insolvency Directors and insolvency Insolvency litigation Restructuring Daily and weekly news alerts New content Key R&I law developments Navigating UK sanctions in bankruptcy proceedings—the Hellard decision (Hellard V OJSC Rossiysky Kredit Bank) The High Court issued guidance to the trustees in bankruptcy of a Russian individual on issues arising under the Russia (Sanctions) (EU Exit) Regulations 2019. Given the potential for serious criminal and civil penalties, any action taken in an insolvency that touches on actual or suspected sanctioned parties is a high‑risk area for officeholders. The court confirmed that trustees would not breach UK sanctions by permitting sanctioned entities to engage in the bankruptcy process, prior to any distribution, as creditors—this expressly covers voting in creditors’ decision procedures and taking part in, and voting on, the creditors’ committee. See News Analysis: Navigating UK sanctions in bankruptcy proceedings—the...
In this issue: Building Safety Adjudication Litigation Collateral Warranties Construction industry news Daily and weekly news alerts New and updated content Construction trackers Building Safety Building Safety Act 2022 (Remediation contribution orders) ‘just and equitable’ test (Triathlon Homes LLP v Stratford Village Development Partnership and others) In Triathlon Homes LLP v Stratford Village Development Partnership and others [2024] UKFTT 26 (PC), the First-tier Tribunal (FTT) offered guidance on how the ‘just and equitable’ test should be applied to Remediation Contribution Orders under BSA 2022, s 124. Authored by Andrew Butler KC, barrister at Tanfield Chambers, London. See News Analysis: Building Safety Act 2022 (Remediation contribution orders) ‘just and equitable’ test (Triathlon Homes LLP v Stratford Village Development Partnership and others). HSE publishes BSR register of higher-risk buildings The HSE has released details from the BSR’s register of high-rise residential buildings in England. Under the BSA 2022, such high-rise residential buildings are termed ‘higher-risk...
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...
BSA 2022, Pt 4 The Building Safety Act 2022 (BSA 2022) delivered far-reaching reforms to the legal framework and regulation of building safety, intended to ‘secure the safety of people in or about buildings and improve the standard of buildings’. Parts 3 and 4 of BSA 2022 establish the architecture for a new regulatory system governing ‘higher-risk buildings’ (HRBs). Under Pt 3, a strict building control regime was introduced for the design and construction stages of HRBs. Pt 4 imposes duties on those responsible for occupied HRBs, covering risk management and reporting. Collectively, these requirements are known as the ‘HRB regime’. This Practice Note examines BSA 2022, Pt 4, which sets out the arrangements for managing building safety risks in occupied HRBs in England. BSA 2022, Pt 4 does not extend to HRBs in Wales. For analysis of the Welsh position on HRBs, see Practice Note: Building and Fire Safety—the position in England, Scotland and Wales...
The Land Charges Act 1972 (LCA 1972) requires HM Land Registry to keep distinct public records, namely: a register of land charges a register of pending land actions and pending bankruptcy actions a register of writs and orders affecting land, and of writs and orders in bankruptcy These sit entirely apart from the substantive title register and are administered by the Land Charges Department of HM Land Registry at its Plymouth office. This Practice Note explains when to carry out a bankruptcy search in those registers in relation to an individual or individuals. It does not cover enquiries aimed at assessing a company’s solvency; see the separate Practice Notes: Pre-contract searches, Pre-completion searches, and Quick guide to property insolvency. For guidance on land charges and the land charges register, refer to Practice Note: Land charges under the Land Charges Act 1972—registration and purpose. The LCA 1972 also established registers of deeds of arrangement and of annuities, which are now closed;...
1 Instructions on completing this form If while carrying out Client Due Diligence (CDD) checks, or through your ongoing monitoring duties as part of your obligations once a business relationship is already in place, you identify a material discrepancy between the beneficial ownership details supplied by the client and those appearing on the relevant registers (eg the Companies House register), you must complete this form and forward it to the [ state who the form should be sent to, eg nominated officer, head of risk, compliance officer ]...
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 General information Review period [ Insert review period ]; Review date [ Insert date ]; Reviewer(s) [ Insert name(s) ] 2 Data Criteria For the last [ insert period, eg quarter ] and last 12 months, capture totals for: SARs received; ML/TF/PF‑related SARs; SARs to the National Crime Agency (NCA); DSARs needing consent/defence (granted, refused, pending); SARs not sent to the NCA; superSARs; CDD company discrepancy reports; and PEPs added to the central list 3 Review and findings Confirm a refreshed organisation‑wide ML/TF/PF risk assessment in the last year; AML/CTF/counter‑proliferation policies, controls and procedures reviewed, updated and communicated (incl. branches/subsidiaries); SAR and SuperSAR registers current; dates of staff training and record reviews [ Insert date ]. Note any SARs/superSARs needing further review; status of the high‑risk client/matter list (incl. PEPs) and quarterly reviews; CDD discrepancy register; table of high‑risk third countries; patterns/trends, compliance failures (ensure Compliance breaches policy followed), training needs; emerging risks (internal/external); planned new technology and related risks; required remedial actions; and...
File reviews Conducting file reviews signals that an organisation takes quality and compliance seriously. Reviews and audits yield meaningful data and statistics and, if issues are uncovered, the audit findings can be channelled into your risk register or other planning so remedial measures are enacted. Ensuring the right levels of supervision are firmly in place is essential. A Supervision policy can be valuable, clearly setting out supervision arrangements, including the following: file audits/reviews governance and reporting lines work allocation oversight of work case progression supervising correspondence outsourcing arrangements...