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Thinking - Blog
The Future of Insolvency Regulation
On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.
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Thinking - Blog
FOS proposals to clear the back-log - attractive or not?
The Financial Ombudsman Service (FOS) has proposed a temporary approach to the classification of certain complaints in an attempt to alleviate their complaints backlog exacerbated during the COVID-19 pandemic. The approach could see firms looking to pro-actively resolve complaints before a defined cut off date before FOS reaches a decision so that the complaint is recorded separately and not as a "change in outcome" (i.e. where a complaint has been rejected by a business and upheld by FOS). The consultation was open for a short two-week period between 4 and 18 October 2021.
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Thinking - Blog
A tale of loss, limitation and a flawed transaction: why a loss may not feel like a loss
A recent Court of Appeal decision, Elliott v Hattens [2021] Civ 720, has once again raised the vexed issue of when the limitation period starts to run in a flawed transaction case. Does it start running immediately or at some later date? .
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Thinking - Blog
800 DB Transfer complaints to the FOS: A 44% increase in one year
The FOS have seen the number of complaints relating to defined benefit transfer advice increase by 44% since 2019. However, the proportion of decisions being upheld appears to have fallen.
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Thinking - Blog
SMCR: an effective deterrent?
The Senior Managers & Certification Scheme (SMCR) was introduced in early 2016 to establish "effective governance in firms by encouraging greater individual accountability". However, following a response to a recent Freedom of Information (FOI) request, questions have been raised as to its effectiveness as a deterrent.
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Thinking - Blog
Part 36: avoid a storm, use the form!
Pepperall J's impressively clear judgment in Essex County Council v UBB Waste (2020) makes it abundantly clear that, when it comes to Part 36 Offers, the rules are strict. If litigants wish to reap the significant rewards of this regime, the price they must pay is to ensure they (or their solicitors) follow the rules on how offers should be made.
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Thinking - Blog
Invest in due diligence for dubious schemes
The SRA provides updated guidance for firms to avoid becoming involved in dubious investment schemes.
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Thinking - Blog
Where there's a will there's a remote possibility of a way
In the face of the global COVID-19 pandemic the government has acted to change the law to allow wills to be witnessed remotely.
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Thinking - Blog
Is more co-operation the new normal?
What keeps you as a lawyer awake at night during the coronavirus pandemic? The list is likely to be very long and the fear of making a mistake will be close to the top. Help may come from some unexpected quarters such as the Courts.
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Thinking - Blog
Relief from sanction: claimant being forced to pursue his solicitors for negligence is not desirable
A recent High Court decision demonstrates a common-sense, realistic approach to relief from sanctions. Solicitors might have become used to judges, when striking claims out, reassuring the claimant that they can always sue their solicitors for negligence. In a welcome judgment, Mr Justice Fancourt reversed a decision to refuse relief from sanction.
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Thinking - Blog
Judicial guidance on listing of hearings remotely
Senior judges have issued guidance to the judiciary on listing hearings in light of the current coronavirus situation. This gives litigants some clues as to how the court will approach upcoming hearings.
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Thinking - Blog
A level playing Field?
Frank Field's Work and Pensions Select Committee is intending to review the impartiality of defined benefit pension transfer advice. What could this mean for the advisory industry and its PI insurers?
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Thinking - Blog
Financial Services: Minimising Risk in a Dawn of Opportunity
Over the last few years, firms have been asking themselves how they will make money in the post RDR world.
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Thinking - Blog
FCA approves 'independent' use of internal specialist advisers
Ever since RDR 'independence' rules were introduced nearly two years ago, financial advisers have sought clarification on referring clients to internal specialists within their firm for expert advice.
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Profile
Thinking - Publication
The Week That Was - 11 April 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 4 April 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 28 March 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 21 March 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 14 March 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 7 March 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 28 February 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 21 February 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 14 February 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 7 February 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 31 January 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 24 January 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 17 January 2025
For this week's The Week That Was, we have taken a look back at the top construction cases of 2024, including many that were featured in previous TWTW editions.
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Thinking - Blog
A guide to buying and selling English residential property
We are seeing increased positivity in the English residential property market. In 2024, inflation reached the Bank of England’s 2% target, down from 11.1% in 2022, which was a significant factor in the return of consumer confidence and economic growth. Mortgage rates are falling slightly with approval rates at their highest level since 2022 as buyers continue to respond to increased certainty post-election. Property values are again on the rise while demand continues to outstrip supply.
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Thinking - Publication
The Week That Was - 10 January 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 20 December 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 13 December 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 6 December 2024
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 29 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 22 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 8 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 1 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 25 October 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 18 October 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 11 October 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Blog
Architects' Code reforms – it's important that you have your say!
The Architects Registration Board (ARB) is consulting on a proposed new code of professional conduct for architects. The proposed new Code is shorter and simpler, but may be more complex to apply and more onerous. Architects should consider responding to the consultation by the deadline of 12 December 2024.
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Thinking - Publication
The Week That Was - 4 October 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 27 September 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 20 September 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 13 September 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 6 September 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 30 August 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 23 August 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 16 August 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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Thinking - Publication
The Week That Was - 9 August 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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