News
Latest on risk management, professional indemnity and compliance issues.
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September 26, 2023
SRA – Supporting your client with interviews during external investigations
See here.
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April 06, 2023
Al Sadeq v Dechert LLP & Ors [2023] EWHC 795 (KB)
Legal professional privilege, including application of the crime-fraud/iniquity exception.
See here.
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January 17, 2023
The International Tax Enforcement (Disclosable Arrangements) Regulations 2023
These regulations for MDR will come into force on 28 March 2023. Arrangements entered in on or after this date must be reported to HMRC under these rules. DAC6 regulations will be repealed at the same time and therefore any arrangements entered into on or after 28 March will not be reportable under DAC6. However, the DAC6 reporting portal will remain open for one month to allow arrangements entered into before 28 March 2023 to be reported under DAC6. The current DAC6 guidance (which is relevant to MDR for hallmarks D1 and D2) will be updated where necessary to reflect these new regulations.
See here.
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December 16, 2022
CJEU judgment in Case C-694/20 Orde van Vlaamse Balies and Others – DAC6 reporting obligation breaches legal professional privilege
See here.
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September 01, 2022
SRA Guidance – sexual misconduct
See here.
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August 22, 2022
Barclay-Watt & Ors v Alpha Panareti Public Ltd & Anor [2022] EWCA Civ 1169
The question whether a director or senior manager of a limited company defendant should be held personally liable as an accessory to a tort committed by a company is a fact sensitive question. Accessory liability ought to be kept within reasonable bounds and it should be possible to carry on business by means of a limited liability company without exposing the individuals carrying on that business to personal liability. On the facts there was no liability. Williams v Natural Life Health Foods Ltd [1998] UKHL 17 applied.
See here.
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July 15, 2022
The Sedona Conference Commentary on Cross-Border Privilege Issues
See here.
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June 30, 2022
Supervision: Updated Law Society Practice Note
See here.
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March 04, 2022
Suppipat & Ors v Siam Commercial Bank Public Company Ltd & Ors [2022] EWHC 381 (Comm)
Legal professional privilege – application of iniquity exception in relation to documents obtained in foreign proceedings.
See here.
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January 14, 2022
Candey Ltd v Bosheh & Anor [2021] EWHC 3409 (Comm)
Legal professional privilege in a fee claim by solicitors against a former client. The Deputy Judge declined to apply the iniquity exception. An alleged conspiracy with a third party does not diminish the client’s right to the protection of privilege over his communications with his lawyers as this was the case upon which they were instructed to represent their client: the matters alleged are within the ordinary course of engagement, and the solicitors could not disclose privileged information for the purposes of proceedings against the client as the protection afforded by privilege was not confined to disclosure to third parties. (Paragraphs 48-49.)
See here.
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October 13, 2021
The Sedona Conference Commentary on Cross-Border Privilege Issues for Public Comment
See here.
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September 30, 2021
The Sedona Canada Commentary on Discovery of Social Media
This contains material of wider general interest relevant to information security, document retention and investigations.
See here.
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September 23, 2021
National Cyber Security Centre guidance on cyber insurance
See here.
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August 16, 2021
Law Society – updated Practice Note on Legal Professional Privilege (password required)
See here.
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August 02, 2021
State of Qatar v Banque Havilland SA & Others [2021] EWHC 2172 (Comm)
A claim to litigation privilege in relation to a report by accountants because the documents and evidence provide little support for contemplated adversarial proceedings being the sole or dominant purpose of their instruction. Of note, too, was the Deputy Judge’s observation that he ‘would have needed a good dealing of persuading that the circumstances in which the document was provided to the regulators meant that privilege in the report had been waived generally’.
See here.
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August 02, 2021
oneNDA – open source non-disclosure agreement template produced with the support of several leading law firms
See here.
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July 02, 2021
Travelers Insurance Company Ltd v Armstrong & Anor [2021] EWCA Civ 978
An assignment of professional negligence claims against solicitors and counsel to an opponent in litigation entitled the assignee to documents which were the subject of joint privilege of the assignor and its insurers.
See here.
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May 18, 2021
Call for views on cyber security in supply chains and managed service providers
The Department for Digital, Culture, Media & Sport has published a Call for views on cyber security in supply chains and managed service providers. With cyber-attacks on the increase, this is relevant to professional firms using Software as a Service (SaaS), as most firms do.
See here.
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May 12, 2021
Guidelines on outsourcing to cloud providers
The guidelines, published by the European Securities and Markets Authority, are intended for investment firms but will also be of interest to law firms and other professional practices.
See here.
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March 10, 2021
American Bar Association Formal Opinion 498 on Virtual Practice
See here.
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February 25, 2021
Law Society report: Climate change risks – the future of law as we know it?
As many of the larger firms are establishing Environmental, social and governance (ESG) practice areas, the report provides an introduction to the areas of risk and evolving roles for and demands on the legal profession
See here.
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February 17, 2021
The Sedona Conference Commentary on a Reasonable Security Test. This includes analysis of three data breach scenarios and the reasonableness of information security measures.
See here.
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January 18, 2021
Check if you need to tell HMRC about a cross-border arrangement – GOV.UK
DAC6 and the International Tax Enforcement (Disclosable Arrangements) Regulations 2020 reporting portal is now open.
At present only the XML file upload facility is available. The manual reporting tool is expected to be available shortly. The facility for agents to report on behalf of their clients is not currently available. Those who are registered as agents may still report in their own capacity, if they themselves are intermediaries or relevant taxpayers.
See here.
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January 08, 2021
The International Tax Enforcement (Disclosable Arrangements) (Amendment) (No. 2) (EU Exit) Regulations 2020
DAC6/Mandatory Disclosure Rules (MDR)
The International Tax Enforcement (Disclosable Arrangements) (Amendment) (No. 2) (EU Exit) Regulations 2020 amend the reporting obligations following Brexit.
See here.
Further information is contained in our January 2021 Risk Update.
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November 03, 2020
National Cyber Security Centre Annual Review 2020
See here.
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October 16, 2020
Best practice guide for legal practitioners in relation to elder financial abuse
Guidance from the Law Council of Australia, contains useful guidance for other jurisdictions too.
See here.
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October 13, 2020
SRA webinar on cybercrime
Watch Cybercrime – keeping your firm and clients safe here.
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September 14, 2020
PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 2437 (Comm)
Advice provided by in house Russian lawyers who were not (and could not be) members of the Russian Bar, and therefore did not fall under regulation provided under Federal Law governing advocates, was protected by legal professional privilege. The decision contains a useful and concise summary of authorities and may also be relevant to the status of lawyers employed by international law firms operating in Russia who are hired under employment contracts and do not hold advocate status.
See here.
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September 04, 2020
Cyber Security – SRA publishes thematic review
See here.
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August 19, 2020
Lexlaw Ltd v Zuberi [2020] EWHC 1855 (Ch)
Costs: High Court decision upholding the validity of a damages based agreement (DBA).
See here.
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August 07, 2020
Guidance from the National Cyber Security Centre on cyber insurance
See here.
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August 04, 2020
Armstrong v Berrymans Lace Mawer LLP & Anor [2020] EWHC 2064 (Ch)
Decision on the right to documents where joint privilege applies.
See here.
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July 15, 2020
Guide for audit and risk committees on financial reporting and management during Covid-19
National Audit Office Guide for audit and risk committees on financial reporting and management during Covid-19, see here.
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June 25, 2020
Deferral of reporting deadlines for DAC 6
The Government is deferring the first reporting deadlines under the International Tax Enforcement (Disclosable Arrangements) Regulations 2020 by six months . See here.
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June 22, 2020
National Audit Office Report: Investigation into remediating dangerous cladding on high‑rise buildings
Cladding remediation works are being delayed by complex ownership arrangements, for example involving offshore investors, and multiple layers of ownership, according to a National Audit Office report. (See paragraph 1.17.) See report here.
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June 11, 2020
DAC 6 and legal professional privilege – Law Society Q&A
See here.
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June 09, 2020
Newman v Gordon Dadds LLP [2020] EWHC B23 (Costs)
Summary of solicitors’ obligations to provide costs estimates. See here.
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May 05, 2020
American Bar Association Formal Opinion 491 (for US lawyers) on avoidance of assisting in a crime or fraud in non-contentious business
See here.
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April 17, 2020
EU Legal Professional Privilege post Brexit guidance – The Law Society
See here.
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March 27, 2020
Addlesee & Ors v Dentons Europe LLP [2020] EWHC 238 (Ch)
Application of the crime fraud exception to legal professional privilege
See here.
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March 02, 2020
Hall v Saunders Law Ltd & Ors [2020] EWHC 404 (Comm)
Claim by litigation funder against solicitors dismissed as disclosing no reasonable cause of action in contract, tort or breach of fiduciary duty. It was alleged that the Solicitors did not communicate to the Funder various pessimistic views expressed by counsel as to the prospects of success of the action being funded.
See here.
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March 02, 2020
Butler v Bankside Commercial Ltd [2020] EWCA Civ 203 (27 February 2020)
Law Society Conditional Fee Agreement (CFA): Solicitors were entitled to cease acting and charge a client who failed to respond to their advice on settlement.
See here.
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February 13, 2020
Joined Cases C 515/17 P and C 561/17 P, Decision of the CJEU on independence of in-house lawyers
See here.
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January 29, 2020
The Civil Aviation Authority v Jet2.Com Ltd, R. (on the Application of) [2020] EWCA Civ 35
Legal advice privilege – application of the dominant purpose test, and consideration of several other issues. Three Rivers (No. 5) applied but doubt cast on its correctness.
See here.
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February 10, 2020
Coronavirus: Government guidance
See here.
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February 10, 2020
Non-disclosure agreements – ACAS guidance
See here.
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August 12, 2019
HM Government guidance for EU lawyers in the UK on how to prepare for a no-deal Brexit
See here.
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August 09, 2019
The Solicitors (Disciplinary Proceedings) Rules 2019
These rules, (in force from 25 November 2019) provide for the civil standard of roof in SDT proceedings and consolidate the current rules and Practice Directions.
See here.
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August 05, 2019
Contractual terms and privacy policies: how to improve consumer understanding
This UK Government publication is a guide for business on how to help their customers better understand their contractual terms and privacy policies.
See here.
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August 05, 2019
EU Recommendations for a better presentation of information to consumers
This guidance explains how businesses can clearly and effectively communicate mandatory information to consumers about pricing and standard contractual terms.
See here.
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July 29, 2019
Cyber Security Breaches Survey 2019: Statistical Release
The Department for Digital, Culture, Media & Sport (DCMS) has published its annual statistical release on cyber breaches. This identifies a fall in the number of businesses identifying any breaches or attacks; the report identifies the types of breaches or attacks experienced, by far the most prevalent being fraudulent emails or being directed to fraudulent websites. It also contains an interesting section on insurance (in Chapter 4).
See here.
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July 15, 2019
Hotel Portfolio II UK Ltd v SMA Investment Holdings Ltd & Ors [2019] EWHC 1754 (Comm)
Legal professional privilege: On the facts, the court refused to apply the iniquity/crime=fraud exception.
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July 05, 2019
Podcast: Brexit country by country update – The Law Society
See here.
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June 13, 2019
House of Commons Library Briefing Paper on Brexit questions in national and EU courts
See here.
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October 29, 2019
Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB)
Appeal allowed upholding ‘death clause’ in Law Society Conditional Funding Agreement where it had not been explained to the claimant.
See here.
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June 12, 2019
Advertising Standards Authority Ltd v Mitchell [2019] EWHC 1469 (QB)
Injunction restraining use of counsel’s advice and other documents sent in error to opposing party due to email autocomplete feature.
See here.
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October 23, 2019
Curless v Shell International Ltd [2019] EWCA Civ 1710 (22 October 2019)
Legal advice privilege – appeal allowed against application of the iniquity exception.
See here.
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October 18, 2019
Brexit – Law Society leaflet
How to prepare for a no deal Brexit: 10 steps for law firms. See here.
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October 11, 2019
Law Society advice note on VAT treatment of disbursements and expenses
See here.
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October 03, 2019
Addlesee & Others v Dentons Europe LLP [2019] EWCA Civ 1600
Legal advice privilege attached to communications between a company and its lawyers, once that company had been dissolved and the Crown has disclaimed all interest in its former property. The solicitors were entitled to their costs of defending the application in order to fulfil their duty to protect the privilege.
See here.
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April 24, 2019
Cyber Security Breaches Survey 2019 published by the Department for Digital, Culture, Media and Sport
See here.
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August 12, 2019
HM Government guidance for EU lawyers in the UK on how to prepare for a no-deal Brexit
See here.
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August 09, 2019
The Solicitors (Disciplinary Proceedings) Rules 2019
These rules, (in force from 25 November 2019) provide for the civil standard of roof in SDT proceedings and consolidate the current rules and Practice Directions.
See here.
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August 05, 2019
Contractual terms and privacy policies: how to improve consumer understanding
This UK Government publication is a guide for business on how to help their customers better understand their contractual terms and privacy policies.
See here.
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February 27, 2019
Legal professional privilege upheld after accidental disclosure of advice
See Winstone & Ors v MGB Ltd [2019] EWHC 265 (Ch) here
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February 18, 2019
Latest Law Society Code for Completion published – The Law Society
The Law Society has published a revised Code for Completion by post which takes account of the Dreamvar decision and will be effective from 1 May 2019, but may be adopted earlier.
See here.
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February 14, 2019
Brexit: Law Society VAT guidance
See here.
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February 13, 2019
Bott & Co Solicitors Ltd v Ryanair DAC [2019] EWCA Civ 143 (12 February 2019)
Solicitors had no lien on airline flight delay compensation where their services were neither the conduct of litigation nor in contemplation of litigation.
See here.
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February 12, 2019
Mortgage fraud: Law Society Practice Note (premium content users only)
See here.
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January 30, 2019
Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd [2019] EWHC 3 (Comm)
Decision on the limits of legal advice privilege relating to a law firm’s underlying instructions to provide confirmation as to payment of funds into an escrow account.
See here.
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December 05, 2018
Weekly Threat Report 30th November 2018 – NCSC Site
The National Cyber Security Centre Weekly Threat Report for 30 November 2018 advises that there is an increase in the use of HTTPS security certificates on criminal phishing websites: the padlock symbol can no longer be relied upon as evidence of security.
See here.
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December 04, 2018
Warren v Hill Dickinson LLP [2018] EWHC 3322 (QB)
Successful novation of a CFA.
See here.
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December 04, 2018
WH Holding Ltd & Anor v E20 Stadium LLP [2018] EWCA Civ 2652
Court of Appeal decision on –
(1) whether litigation privilege extends to documents which are concerned with the settlement or avoidance of litigation where the documents neither seek advice or information for the purpose of conducting litigation nor reveal the nature of such advice or information;
(2) the grounds upon which the court will be prepared to inspect documents where there is a challenge to the assertion of privilege; and
(3) the application of the “dominant purpose” test in relation to documents produced for more than one reason.
See here.
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November 28, 2018
Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667
A solicitor’s terms of business may provide that Solicitors Act final bills do not have to include both profit costs and disbursements.
See here.
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November 15, 2018
Addlesee v Dentons Europe LLP [2018] EWHC 3010 (Ch)
Legal professional privilege in relation to a dissolved company in a claim arising from a failed investment in gold dust.
See here.
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November 05, 2018
Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2018] EWHC 2747 (Ch)
Legal professional privilege held not to apply to emails between in-house lawyer and employee where the purpose was for gathering information in order to instruct external lawyers, rather than for the in-house lawyer to provide legal advice to the employee.
See here.
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November 02, 2018
Legal Risk listed on The Times Best Law Firms 2019
We are delighted to have been recognised by The Times in co-operation with Statista as one of The Best Law Firms 2019.
https://www.thetimes.co.uk/article/legal-risk-best-law-firms-j25bd9hwd
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November 01, 2018
Gill v Heer Manak Solicitors [2018] EWHC 2881 (QB)
Costs: solicitors not entitled to payment where they ceased acting without reasonable notice of firm’s closure.
See here.
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October 15, 2018
SRA | Ethics guidance: Guidance note on the Government’s Technical Notice on the impact of a ‘no deal’ EU exit scenario on EU lawyers practising in the UK | Solicitors Regulation Authority
SRA guidance on Government Technical Notice setting out its approach regarding the impact of a ‘no deal’ EU exit scenario on European Economic Area (EEA) lawyers practising in the UK, provision of services and mutual recognition of professional qualifications.
See here.
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September 25, 2018
How to prepare if the UK leaves the EU with no deal – GOV.UK
Brexit: further Government guidance in the event of no deal.
See here.
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September 17, 2018
DAC Beachcroft LLP v Revenue & Customs (INCOME TAX/CORPORATION TAX : Other) [2018] UKFTT 502 (TC) (06 September 2018)
Legal professional privilege: Decision of the First-Tier Tribunal Tax Chamber identifying which of certain documents on a conveyancing file involving an offshore company were subject to privilege. DAC Beachcroft LLP v Revenue & Customs [2018] UKFTT 502 (TC)
See here.
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September 14, 2018
How to prepare if the UK leaves the EU with no deal – GOV.UK
Brexit – Further guidance from HM Government: How to prepare if the UK leaves the EU with no deal – GOV.UK
See here.
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September 13, 2018
Financial Reporting Council Ltd v Sports Direct International Plc [2018] EWHC 2284 (Ch)
The High Court held that the Financial Reporting Council (FRC) was entitled to production of documents, which were subject to legal professional privilege, when exercising the FRC’s statutory powers. Parry-Jones v Law Society [1969] 1 Ch. 1 considered. R. (on the application of Morgan Grenfell & Co Ltd) v Special Commissioners of Income Tax [2002] UKHL 21 applied.
See here.
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September 13, 2018
Board toolkit: five questions for your board’s agenda – NCSC Site
National Cyber Security Centre Guidance – Board toolkit: five questions for your board’s agenda
See here.
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September 05, 2018
Serious Fraud Office (SFO) v Eurasian Natural Resources Corp. Ltd [2018] EWCA Civ 2006 (05 September 2018 )
Serious Fraud Office (SFO) v Eurasian Natural Resources Corp. Ltd [2018] EWCA Civ 2006 – Landmark Court of Appeal decision on the scope of legal professional privilege in relation to internal investigations into potential criminal matters.
See here.
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August 29, 2018
X v. Y Ltd (PRACTICE AND PROCEDURE – Disclosure) [2018] UKEAT 0261_17_0908 (9 August 2018)
Employment Appeal Tribunal decision applying the iniquity principle, and so defeating a claim to legal professional privilege.
See here.
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August 24, 2018
How to prepare if the UK leaves the EU with no deal – GOV.UK
HM Government Guidance on how to prepare for Brexit if there’s no deal.
See here.
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August 22, 2018
Electronic execution of documents | Law Commission
The Law Commission has published a consultation on electronic execution of documents setting out its views on their validity.
See here.
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July 26, 2018
SRA | Risk Outlook 2018/19 | Solicitors Regulation Authority
The SRA has published its Risk Outlook 2018/19, see here.
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July 23, 2018
Big data meets artificial intelligence
A paper published by Bafin, the German financial services regulator, addresses some of the regulatory and ethical challenges posed by AI. Although this is aimed at the financial services sector, it is equally relevant to the legal sector.
See here.
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July 20, 2018
‘The cyber threat to UK legal sector’ 2018 report – NCSC Site
A new report from the National Cyber Security centre explains how UK law firms of all sizes can protect themselves from common cyber threats.
See here.
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May 24, 2018
The Office of Financial Sanctions Implementation (OFSI) has launched a Compliance Reporting Form
See here.
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May 24, 2018
The Law Society has produced a number of new or updated Practice Notes (for members only) including –
Who owns the file? See here.
Alternative business structures, see here.
Supervision, see here.
Entity-based regulation, see here.
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May 23, 2018
Financial sanctions update: Reporting forms
See here.
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May 21, 2018
Monetary penalties for breaches of financial sanctions – GOV.UK
HM Treasury has updated its Guidance on Monetary penalties for breaches of financial sanctions.
See here.
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May 15, 2018
P&P Property Ltd v Owen White & Catlin LLP [2018] EWCA Civ 1082 (15 May 2018)
Court of Appeal decision in P&P Property Ltd v Owen White & Catlin LLP and Dreamvar v Mishcon de Reya [2018] EWCA Civ 1082 on liability of solicitors and estate agents in property fraud case.
See here.
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April 16, 2018
NCA Report on The Cyber Threat to UK Business
See here.
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March 06, 2018
Financial sanctions update: OFSI blog
Today, OFSI launches a new blog to raise awareness of financial sanctions.
Initial posts include an introduction to OFSI, an overview of current financial sanctions regimes and the North Korea financial sanctions regime.
See here.
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March 05, 2018
Financial sanctions update: guidance
As part of its ongoing review of licensing policy, OFSI has updated its operational policy on licensing legal services.
OFSI’s updated guidance now states that obtaining a licence is encouraged, rather than mandated, in advance of providing substantive legal services. No payment for legal services by, or on behalf of, a designated person should be received in the absence of a licence from OFSI.
This revised approach is aligned to EU legislation which contains a licensing ground enabling OFSI to permit payment of reasonable legal fees and expenses – from frozen funds or third party funds – on behalf of a designated person.
See here.
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February 07, 2018
U.S. Customs And Border Protection – revised guidance on border searches of electronic devices
See here.
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December 15, 2017
Risk factors in personal injury claims
The SRA has updated its warning notice, first issued in March 2016.
See here.
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December 13, 2017
The Penalties for Enablers of Defeated Tax Avoidance (Legally Privileged Communications Declarations) Regulations 2017 (SI 2017/1245)
These Regulations make provision for a relevant lawyer to make a declaration made under the Finance Act (No. 2) 2017 Sch.16 para.44 that a person is not liable to an Enabler’s penalty where the information needed to establish that is legally privileged.
See here.
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December 08, 2017
Budana v The Leeds Teaching Hospitals NHS Trust & Anor [2017] EWCA Civ 1980
Important decision on the question of assignment/novation of conditional funding agreements (CFAs). The transfer of a pre-1 April 2013 CFA by one law firm to another where the client only consented to it afterwards was a novation rather than an assignment; critically, the new solicitor could still recover the success fee.
See here.
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May 15, 2017
National Cyber Security Centre publishes statement on international ransomware cyber attack
See here.
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March 29, 2017
Making gifts of assets – updated Practice Note
http://www.lawsociety.org.uk/support-services/advice/practice-notes/making-gifts-of-assets/
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February 10, 2017
Corporate Liability for Economic Crime
See here for the government consultation on a proposed offence of failure to prevent economic crime.
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December 21, 2016
Updated Practice Note – Provision of Services Regulations 2009 – The Law Society
http://www.lawsociety.org.uk/Support-services/Advice/Practice-notes/Provision-of-Services-Regulations-2009/
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December 21, 2016
New Practice Note – Modern Slavery Act
http://www.lawsociety.org.uk/support-services/advice/practice-notes/modern-slavery-act-and-section-54/
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December 09, 2016
Solicitors Disciplinary Tribunal: Guidance note on sanctions – Fifth edition – and Guidance Note On Other Powers Of The Tribunal (1st Edition)
http://solicitorstribunal.org.uk/about-us/news/details.aspx?id=6d8b17ab-ae24-419a-ab6a-72d2fe0ec60b
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November 21, 2016
Legal professional privilege attaching to information and documents of a bankrupt are not property which vests in the trustee in bankruptcy.
Court of Appeal decision: Avonwick Holdings Ltd & Anor v Shlosberg [2016] EWCA Civ 138 http://www.bailii.org/ew/cases/EWCA/Civ/2016/1138.html
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November 02, 2016
New IBA Reference Annex helps lawyers further understand and take action on business and human rights
See here.
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September 19, 2016
Legal 500 recommendations
Legal Risk LLP has been recommended as a Top Tier Firm in Professional Negligence, see more here. Legal Risk LLP have also been recommended as a Leading Firm in Professional Discipline, see more here.
Partner Frank Maher has been recommended as a Leading Individual in Professional Negligence and Partner Sue Mawdsley is a Recommended Lawyer in Professional Discipline.
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September 06, 2016
Updated Law Society practice note on client care
See here.
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July 06, 2015
New Contact Number
We are replacing our 0845 number so you don’t pay any extra charges when calling us.
Please use our new number 03453306791 for calls and 03453306792 for fax