Published on: 20 November 2024
Published by an LexisNexis Financial Services expert
Britain’s payments watchdog seems to have been given a fresh competitiveness brief, despite it not having gone through the usual parliamentary scrutiny. In a 14 November 2024 letter to the PSR, Finance Minister Rachel Reeves attacked clutter and duplication across payments oversight. She further indicated she expects the PSR to take into account the government’s plan to foster growth and international competitiveness. Unlike the Financial Conduct Authority (FCA), the PSR lacks a defined aim to further UK growth and international competitiveness. The FCA’s competitiveness aim is secondary, sitting beneath its primary goals of safeguarding consumers and ensuring market integrity. Although this steer is not as clear-cut as the FCA’s statutory duty to enable the UK’s international competitiveness and growth over the medium to long term, it nonetheless seems to shift the PSR’s parameters. This arrives after months of discontent from fintechs about fraud reimbursement rules. The government published its National Payments Vision on 14 November 2024. It stated it expects the regulators to reflect on their combined burden on regulated firms and how that could be eased. It also took issue with areas of duplication between the FCA and the PSR, calling for clearer coordination and fewer overlapping supervisory demands...
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 ]...