What does Solvency II mean? In legal practice, Solvency II describes the risk‑based prudential regime that determines how insurers and reinsurers assess capital, value technical provisions and manage risk, informing authorisations, M&A and portfolio transfers, reinsurance arrangements, and regulatory reporting. The term is defined in legislation: in the EU by Directive 2009/138/EC (and related delegated/implementing measures). In Ireland, Solvency II applies in full and is supervised by the Central Bank of Ireland. In the UK (England & Wales, Scotland and Northern Ireland), the regime derives from retained EU law and PRA rules; it is being reformed as “Solvency UK” under the Financial Services and Markets...
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This Practice Note outlines the architecture and statutory underpinnings of Solvency UK. It sets out how the United Kingdom has implemented Directive 2009/138/EC (the Solvency II Directive), considers the consequences of leaving the EU, and charts the emergence of the post‑Brexit Solvency UK regime, with pointers to pertinent UK legislation, Prudential Regulatory Authority (PRA) Rules, and associated PRA policy materials. For further detail on the Solvency UK framework, see Practice Notes: Prudential requirements for UK insurers—introduction, Prudential requirements for UK insurers—Pillar 1 requirements, and Prudential requirements for UK insurers—Pillar 2 and Pillar 3 requirements. For a dated record of how the Solvency UK framework has been developed and rolled out, see: Solvency UK—timeline, for ease of reference in UK, as applicable to firms.
The Solvency II Directive, as revised—most notably by Directive 2014/51/EU (Omnibus II)—took effect on 1 January 2016. Member States had to enact the domestic measures needed to meet specified provisions of the Solvency II Directive by 31 March 2015, and to ensure those instruments applied from 1 January 2016. The EU Solvency II framework also comprises European regulations in the form of delegated acts and regulatory and implementing technical standards. These...
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 ]...