What does Operational resilience mean? Operational resilience describes, in legal and regulatory practice, an organisation’s ability to prevent, withstand and recover from operational disruption so that critical services continue and harm to customers, markets and the financial system is not amplified. In the UK financial services sector it is a regulatory concept rather than a single statutory definition: FCA and PRA rules (e.g., SYSC 15A and the PRA Operational Resilience Parts) require firms to identify important business services, set impact tolerances, map and test severe but plausible scenarios, manage outsourcing/third‑party risk, and maintain communications and remediation plans. Boards are accountable and firms must remain within impact...
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This FLASHCARD is designed to help you take in or recall the essentials of the UK’s Operational resilience regime, covering the main obligations, the regime’s scope and the compliance timetable.
Operational resilience is the capacity of firms and the financial system to prevent, adapt to, respond to, recover from, and learn from operational disruption. It goes beyond business continuity and disaster recovery and is a strategic focus for regulators worldwide.
Existing operational resilience expectations (e.g. Principle 3 of PRIN, and various provisions in SYSC within the Financial Conduct Authority (FCA) Handbook, together with the Operational Resilience section of the Prudential Regulation Authority (PRA) Rulebook) are reinforced by rules issued by the FCA in PS21/3 and by the PRA in PS6/21 and SS1/21. These require firms to:
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 ]...