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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 - Blog
FCA consults on new reporting obligations for (i) incidents and (ii) third party arrangements
On 13 December 2024, the FCA published consultation paper CP24/28 (the CP) on proposals for firms to report on operational incidents and, separately, on material third party arrangements. The CP mirrors similar proposals put forward by the PRA and Bank of England on the same day and is designed to align with current international standards (e.g. the EU Regulation on digital operational resilience (DORA)).
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Thinking - Blog
ClientEarth challenges claims made by BlackRock in its sustainable funds
Not only are regulators clamping down on greenwashing but, as previously highlighted, ClientEarth, a non-profit international environmental law organisation, also has this issue squarely in its sights.
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Thinking - Blog
Government consults on regulation of Buy-Now Pay-Later products
In 2021, HM Treasury announced its intention to regulate certain unregulated buy-now pay-later (BNPL) products in the UK. This followed recommendations made in the Woolard Review which raised concerns about the increased use of BNPL products during the pandemic and the significant risk that these unregulated credit products could cause consumer harm.
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Thinking - Blog
FCA consults on changes to the payments safeguarding regime
Under the Payment Services Regulations 2017 (PSRs) and the E-Money Regulations 2011 (EMRs) payment institutions (PIs), electronic money institutions (EMIs), small EMIs and credit unions are required to protect "relevant funds" which they receive when making a payment or in exchange for e-money that has been issued. Current safeguarding requirements are set out in the PSRs and EMRs, with guidance contained in the Financial Conduct Authority's (FCA) Approach Document.
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Thinking - Blog
Uncertainty around the mandatory reimbursement cap for APP frauds – a new headache for FI firms and their insurers?
New regulations coming on 7 October 2024 will force payment firms to reimburse victims of authorised push payment (APP) fraud up to a set limit. On 4 September 2024, the Payment Systems Regulator (PSR) announced a consultation proposing to set this limit at £85,000, vastly reduced from the previously proposed £415,000 cap. This is a potential headache for insurers as the level of the cap will impact assessment of risk and apportionment of liability between sending and receiving payment firms – and the industry will only have 7 days to prepare.
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Thinking - Blog
Further welcome news from the FCA – this time on co-manufacturing
Following on from our earlier blog, our review of the FCA's 'Discussion Paper' (DP24/1) continues, this time considering the rules relating to co-manufacturers of insurance products.
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Thinking - Blog
Potential deregulation and a pragmatic approach to commercial insurance – welcome news from the FCA
The FCA has published a 'Discussion Paper' (DP24/1) seeking feedback on its rules on commercial insurance including in respect of the types of commercial customers in-scope, co-manufacturing of products and bespoke insurance products.
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Thinking - Publication
New Labour government – what is in store for the UK?
We have a new Labour Party government for the first time in 14 years. The new government has already made various announcements, with more set to follow in the coming days, and then we have the King’s Speech on 17 July, when the Labour Party will set out its opening legislative agenda – but what can we expect from the new government impacting services regulated by the Financial Conduct Authority, pensions and accountants?
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Thinking - Blog
Adams v Carey – where does the Court of Appeal's decision leave the SIPP market?
The Court of Appeal has today dismissed Mr Adams' appeal against Carey in respect of COBS 2.1.1R. However, the appeal in relation to s.27 FSMA has been upheld. We discuss the background to the proceedings, the Court of Appeal decision and where it takes the SIPP (and wider financial services) market.
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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 - 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 - 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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Thinking - Publication
The Week That Was - 2 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 - 26 July 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 July 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 - 12 July 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 - 5 July 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 – 28 June 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 – 21 June 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 – 14 June 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 – 7 June 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 – 31 May 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 – 24 May 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 – 17 May 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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