This Practice Note provides an overview of the aims, scope and principal elements of the Insurance Distribution Directive, Directive 2016/97/EU (IDD). For guidance on the UK insurance distribution framework, refer to Practice Note: UK insurance distribution regime—essentials.
After the Insurance Mediation Directive, Directive 2002/92/EC (IMD), took effect, divergences emerged in the way Member States interpreted the IMD. There were also worries about sales of life insurance and insurance-based investment products (IBIPs), which seemed to deliver weaker consumer protection than sales of non‑insurance investment products. Following a series of public hearings, reviews, consultations and reports, the IMD was repealed and replaced by the IDD. The IDD was published in the Official Journal of the EU on 2 February 2016 and came into force on 23 February 2016. EU Member States were required to transpose the IDD into national law by 1 July 2018 (deferred from the original transposition date of 23 February 2018). Firms were required to comply with the IDD by 1 October 2018. In line with the IMD, the IDD governs authorisation, passporting arrangements and regulatory requirements for insurance and reinsurance intermediaries. However, the...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...