Train of enquiry meaning

This Practice Note This Practice Note explores the implications of the Financial Conduct Authority (FCA)’s Consumer Duty (Duty) for FCA authorised firms holding permissions to: (i) manage an alternative investment fund (AIF); (ii) manage an undertaking for collective investment in transferable securities (UCITS); or (iii) manage investments. It focuses on the key components of the Duty, such as its scope and application (including relevant exclusions, the concept of material influence, and proportional application), the overarching Consumer Duty principle, the cross-cutting rules, and the four outcomes as they pertain to asset management firms. For a summary of the core features of the Consumer Duty with broader application, see Practice Note: The FCA Consumer Duty—essentials. The Duty took effect for new and existing products and services that remained open to sale (or renewal) from 31 July 2023, and for closed book products and services on 31 July 2024. Significant developments are in train. In response to the government’s Financial Services Growth and Competitiveness Strategy, the FCA has set out steps intended...

This Practice Note sets out how to conduct a reasonable search for standard disclosure under CPR 31.7. It tackles core questions under the Civil Procedure Rules (CPR): ‘What is standard disclosure?’, ‘What counts as a document?’ and ‘What constitutes a reasonable search?’, addressing meaning, relevance, reasonableness and control by reference to the overriding principles. It also considers practical issues with back-up data, keyword searches and metadata. Business and Property Court claims This Practice Note does not cover the disclosure scheme operating in the Business and Property Courts. For guidance on that regime, see: Disclosure Scheme (Business & Property Courts)—overview. Claims issued on or after 1 October 2015 in the Business and Property Courts may fall within, and/or be governed by, one or both schemes under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For more on these, see Practice Notes: Business and Property Courts—shorter trials scheme—Disclosure under the shorter trials scheme, and Business and Property Courts—flexible trials scheme—Disclosure under the flexible trials scheme. ...

This Practice Note This Practice Note examines how the courts approach specific disclosure under CPR 31.12, together with considerations under article 6(1) and article 8 of the European Convention on Human Rights (ECHR). It sets out the principles applied (including in procurement matters) and addresses: confidentiality; enhanced disclosure or train of enquiry material; documents cited in statements of case and witness statements; and compliance with an order for specific disclosure and/or specific inspection. The interaction with applications for further information under CPR 18 is also considered. Finally, it provides practical tips on specific disclosure. This Practice Note offers guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your case is proceeding, you may also wish to follow additional court-specific guidance noted below. The Practice Note considers the courts’ approach to specific disclosure under CPR 31.12 and should be read alongside the following Practice Notes: Specific disclosure Specific disclosure—making an application Note: this Practice Note does not...