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Schedule of deficiencies meaning

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What does Schedule of deficiencies mean?
A schedule of deficiencies is a working list of missing, incomplete or non‑compliant financial information, documents or records identified during legal or financial review. It is a descriptive term, not generally defined in legislation or case law, and is used across transactions, finance, audit and insolvency practice in England & Wales, Scotland, Northern Ireland and Ireland. Typically prepared by lawyers, accountants, lenders or insolvency practitioners after due diligence, conditions precedent checks, audit procedures or on appointment, it itemises outstanding items, explains why they are needed, identifies who is responsible, and may set timelines for remedy. It is often appended to a due diligence report, disclosure letter, completion or CP checklist, management letter, or an office‑holder’s information request. Its practical significance is to manage completion and compliance risk, create an audit trail of requests, and focus remedial action. Depending on the contract and context, it may inform decisions on delaying completion or funding, qualifying an audit opinion, escalating disclosure, or pursuing statutory or contractual remedies to obtain books and records (particularly in insolvency). Usage and purpose are broadly consistent across the UK and Ireland, with form and content driven by the relevant engagement and governing documents.
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NEWS
Construction law highlights: TCC on Defective Premises Act damages; Scottish Building Safety Levy; JCT Target Cost Contract; ATE security for costs; Future Homes solar requirement; nuclear projects; FIDIC dispute materials

In this issue: Building safety JCT contracts Litigation Building regulations Projects Daily and weekly news alerts New and updated content Construction trackers Building safety Building safety Damages under the Defective Premises Act 1972—what’s recoverable? (Wilson v HB (SWA)) In Wilson v HB (SWA) Ltd [2025] EWHC 1315 (TCC), the TCC removed multiple heads of claim pursued against a developer by former leaseholders of residential flats. The defects case relied on alleged breaches of duty under section 1 of the Defective Premises Act 1972 and breaches of leasehold covenants. The court concluded that several claimed losses were too remote, or simply hypothetical. See News Analysis: Damages under the Defective Premises Act 1972—what’s recoverable? (Wilson v HB(SWA)). The Building Safety Levy (Scotland) Bill—a quick guide The Scottish Government presented the Building Safety Levy (Scotland) Bill to the Scottish Parliament on 5 June 2025. The Bill proposes a new tax: the Scottish Building Safety Levy....

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PRACTICE NOTES
Serious Brain Injury Claims in England and Wales: Causes, Expert Evidence, Interim Payments, Settlement (PPOs/Provisional Damages), Capacity and Court Approval

NOTE On 2 December 2024, the Lord Chancellor confirmed a shift in the discount rate to +0.5%, coming into force on 11 January 2025. Under Schedule A1 to the Damages Act 1996, further reviews must occur within five years of the last review’s end, so the next review must begin on or before 2 December 2029. For further guidance on serious brain injuries, see the following Practice Notes: Valuing serious brain injury claims Rehabilitation in serious brain injury claims Causes of a serious brain injury Serious brain injuries may arise from numerous causes, including trauma, deprivation of oxygen, infection, hydrocephalus, encephalitis, brain tumours, stroke, toxicity, degenerative disorders, metabolic and endocrine dysfunction, and nutritional deficiencies. The first seven are set out in greater detail below, as they may found a clinical negligence or personal injury compensation claim. Traumatic brain injury (TBI) Traumatic brain injury (TBI) occurs when a physical force impacts the brain, which may or may not breach...

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PRACTICE NOTES
UK Senior Accounting Officer regime: qualifying companies, group rules, covered taxes, SAO identification and certification, HMRC notification, time limits and penalties

The senior accounting officer (SAO) regime Introduced under Schedule 46 to the Finance Act 2009 (FA 2009), the senior accounting officer (SAO) regime is designed to ensure qualifying companies maintain adequate tax accounting arrangements so that the correct tax liabilities are reported to HMRC. It applies to financial years beginning on or after 21 July 2009. The regime’s objective is supported by: a qualifying company’s obligation to notify HMRC of the identity of its SAO or, where there were successive SAOs in the relevant financial year, each individual who served as SAO for any part of that year the SAO’s main duty to take reasonable steps to ensure the qualifying company has appropriate tax accounting arrangements in place the SAO’s obligation to submit a certificate for each financial year confirming that appropriate tax accounting arrangements existed or, if not, explaining the deficiencies and, although not a legal requirement, often outlining what actions are being taken to address them HMRC’s discretion to levy penalties...

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