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Checklist: reporting restriction orders in family proceedings This checklist sets out the steps to consider when applying for a reporting restriction order in family proceedings, including preliminary matters such as jurisdiction, any alternative statutory provision and grounds for exclusion. It explains notifying the media through the Press Association Injunction Applications Alert Service, and notifying other parties. It also covers the duration and scope of reporting restriction orders under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, the Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders) (also known as the Cafcass Practice Note), and the reporting restriction order standard order. A reporting restriction order is a court order restricting the publication or dissemination of certain information by media representatives or duly authorised lawyers about court proceedings. Its primary purpose is to protect the identities of those involved in the proceedings, such as children or incapacitated adults, where publication could cause harm, distress or a breach of privacy. ...
ARCHIVED: This archived checklist outlines the ways in which the 2016 iteration of the UK Corporate Governance Code varied from the 2014 UK Corporate Governance Code. It is not updated and is supplied for background purposes only. Checklist—2014 UKCG Code and 2016 UKCG Code compared In April 2016, the Financial Reporting Council issued a fresh edition of the UK Corporate Governance Code (the 2016 UKCG Code) to incorporate changes arising from Regulation (EU) 537/2014 (EU Audit Regulation), Directive 2014/56/EU (Statutory Audit Amending Directive) and the Statutory Audit Services for Large Companies Market Investigation (Mandatory Use of Competitive Tender Processes and Audit Committee Responsibilities) Order 2014 (Statutory Audit Services Order). The 2016 UKCG Code applied to companies with accounting periods starting on or after 17 June 2016. This table sets out how the 2016 UKCG Code diverged from the text issued in 2014 (the 2014 UKCG Code); differences are shown using italics (inserted wording) and square brackets (removals): Provision 2014 UKCG Code 2016 UKCG Code Preface Language specific to...
ARCHIVED: This Practice Note is archived and is no longer maintained. Amid concerns about potential consumer harm in the pre-paid funeral plan market, HM Treasury launched a call for evidence on sector regulation in June 2018. Responses indicated that detriment was occurring and that mandatory regulation was required. After evaluating various options, including establishing a new statutory regulator, the UK government concluded that extending Financial Conduct Authority (FCA) oversight to all funeral plan providers was the most effective and proportionate way to strengthen market regulation. On 1 June 2019, HM Treasury opened a consultation to gather stakeholder views on proposed legislative changes to bring every funeral plan provider within the FCA’s jurisdiction. The government issued its consultation response in March 2020, confirming its final policy to amend the regulatory framework accordingly. It should be noted that, under article 59(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO), entering into a funeral plan contract as a provider was already a regulated activity…
In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® LexTalk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill (ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is scheduled for 27 March 2025...
In this issue: Sustainable finance and ESG weekly round-up Moveable Transactions (Scotland) Act 2023 Football Governance Bill LIBOR and benchmarks Sustainable finance Debt capital markets Derivatives Regulation for derivatives lawyers Technology in banking & finance transactions Structured products and securitisation Regulation for banking lawyers Banking & Finance Highlights 2024/2025 Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG weekly round-up For this week’s coverage of Sustainable finance and ESG developments, please see: Sustainable finance and ESG weekly round–up—19 December 2024. Moveable Transactions (Scotland) Act 2023 Moveable Transactions (Scotland) Act 2023 (Commencement) Regulations 2024 SSI 2024/378: From 1 April 2025, the outstanding provisions of the Moveable Transactions (Scotland) Act 2023 (the Act) will come into effect. See: LNB News 17/12/2024 9. Moveable Transactions (Forms) (Scotland) Regulations 2024 SSI 2024/379: These prescribe the forms to be used for the purposes set out...
In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Judicial review Constitutional and administrative law Equality and human rights Information law Subsidy control and state aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights The Cabinet Office has released an explanatory memorandum concerning the UK/EU TCA Partnership Council decision (COM(2024)297). The proposal sets out the EU’s stance in the Partnership Council on amending Annex 3 to the Trade and Cooperation Agreement between the EU and UK, which covers product-specific rules of origin. See: LNB News 15/11/2024 16. The House of Commons Library has issued a briefing on assimilated law reform, outlining the Labour government’s approach following the 2024 general election. The second statutory report, published in July 2024, notes that of the 6,735 items of retained EU law (REUL)...
Loan market and developments Overview Broadly, Scotland’s loan market mirrors that of England. Financial services regulation operates on a UK‑wide basis; a substantial body of legislation governing companies and other corporate vehicles (including corporate insolvency) likewise applies across the UK; and all Scottish clearing banks conduct business in every UK jurisdiction, as do their counterparts across the UK. In practical terms, this means English law governed loan documents typically require minimal amendment for UK cross‑border lending transactions. There are, however, some differences in terminology and certain statutory variations that must be allowed for; beyond those matters, an English law loan document and a Scots law loan document are closely aligned. It is commonplace, for example, for English law loan agreements to be deployed in Scottish lending transactions. The principal divergences between the jurisdictions arise in relation to property law and to the law concerning rights in security, where Scots law and English law are notably distinct. Lending Is it necessary to secure any consents or licences to...
Facts Mr Smith, aged 75, was recently bereaved after a 40-year marriage, having been diagnosed with dementia shortly before his wife passed away. He had already put in place a Lasting Power of Attorney naming his children and made a Will in their favour. He began spending time with his carer, Ms James, aged 34, who has progressively cut him off from relatives and friends. He often says he is busy and, when his family do see him, he appears not to be looking after himself or his home. His relatives are worried about the influence Ms James exerts, though they accept he has been lonely. Their concern heightened when, last week, Ms James declared they were going to marry, yet Mr Smith seems blissfully unaware of any such plan. What action can Mr Smith’s family take to keep him safe? Mental capacity They should first assess whether Mr Smith retains decision- and time-specific mental capacity, explain the situation to him, and seek his agreement to...
This Practice Note explores the scope of the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) to seek court-ordered restitution under section 382 of the Financial Services and Markets Act 2000 (FSMA 2000). It further addresses the FCA’s ability to obtain a court restitution order for market abuse under section 383. It also reviews the administrative powers of the FCA, PRA and the Bank of England in relation to financial market infrastructures (FMIs) to compel restitution on their own initiative under section 384. The Note explains how these powers are used in practice, offers examples, and summarises relevant case law. It reflects updates to the FCA’s Enforcement Guide (ENFG), which replaced the former Enforcement Guide (EG) for investigations opened on or after 3 June 2025, and cross-refers to legacy guidance in EG 11 for earlier investigations. Unless otherwise stated, statutory references to sections are to FSMA 2000. Key points The FCA’s enforcement strategy prioritises delivering redress to consumers who have suffered loss; in 2024/2025...