Law Definition

GLOSSARY

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What does Law mean?

means: (a) any legislation, regulation, by-law or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or (e) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;

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�Ѿ��پ��پ��ǲ�—c��𳦰�� How a sentence is reached When determining a sentence, a court will usually consider any statutory sentencing range, the applicable Sentencing Council (SC) guidelines including any offence specific sentencing guideline, the overarching guidelines and sentencing judgments from the Court of Appeal. The SC’s offence specific guidelines or the general guideline set out a stepped approach which the court must follow. See Practice Notes: Sentences imposed following conviction and Sentencing Council General Guideline—Overarching Principles. Generally, in sentencing exercises the court will need to consider the following: • the relevant starting point in the Sentencing Guidelines • the aggravating factors of the offence • the mitigation and personal circumstances of the defendant • any reduction in sentence for a guilty plea • whether the offender is dangerous and if there is a significant risk of harm through the commission of further specified offences • any ancillary orders that are appropriate • the totality of the sentence to ensure it is proportionate to the offending behaviour Mitigation The...

Checklist for compromises of FCA-regulated entities: information requirements

Checklist for compromises of FCA-regulated entities: information requirements The Financial Conduct Authority (FCA) is the conduct regulator for financial services firms and financial markets in the United Kingdom. It has a duty under section 1B of the Financial Services and Markets Act 2000 (FSMA 2000) to pursue certain objectives, one of which is the consumer protection objective. The FCA lists its statutory objectives as to secure an appropriate degree of protection for consumers and to protect and enhance the integrity of UK financial markets, with a view to reducing the number of proposed compromises that they do not consider to be appropriate (see FG22/4, para 1.2). On 5 July 2022, the FCA published guidance on compromises of regulated firms (see FCA Guidance FG22/4 July 2022 and updated in January 2024) following their significant concerns about these tools being proposed and used by firms to avoid paying customers redress (see: LNB News 05/07/2022 72). Practitioners will need to take note of the guidance where the proposed compromise involves regulated companies, meaning...

Standard contractual clauses and binding corporate rules—EU methodology—flowchart

Standard contractual clauses and binding corporate rules—EU methodology—flowchart This Flowchart reflects the methodology set out by the European Data Protection Board (EDPB) for determining whether you can make an international transfer of personal data on the basis of standard contractual clauses (SCCs) or binding corporate rules (BCRs). You can only rely on these transfer mechanisms where the protections, enforceable rights and legal remedies provided to individuals in the recipient country are essentially equivalent to those guaranteed under the General Data Protection Regulation (GDPR). The ‘essentially equivalent’ test was laid down in the case of Facebook Ireland and Schrems (Schrems II), which was decided under the EU GDPR. The Information Commissioner’s Office (ICO) has published Guidance on transfer risk assessments, which adopts the term ‘sufficiently similar’ in relation to transfers under the UK GDPR and uses a different methodology. The ICO is happy for organisations exporting data from the UK to follow either methodology. This Flowchart reflects the EU methodology, as set out in: • EDPB Guidelines on...

Alternative care and funding

Alternative care and funding Alternative care People with needs for care and support can receive care from family members, friends and relatives in addition to or in place of help from the local authority (LA). Where LA’s consider an adult may have needs for care and support, they must provide an assessment to determine whether they have such needs. In R (Antoniak) v Westminster, the High Court clarified the meaning of ‘needs’ under Part 1 of the Care Act 2014 (CA 2014). In conducting a needs assessment under CA 2014, it is an assessment of an individual’s needs without regard to the existing help and support that they are already receiving. A need that is being met is still considered a ‘need’. See News Analysis: The meaning of ‘needs’ under the Care Act 2014 (R (Antoniak) v Westminster City Council). Where an adult has needs, and these needs meet the prescribed eligibility criteria, their LA may choose, or may have a duty, to meet those...

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Intellectual Property Rights (IPR) Schedule

The ScheduleIntellectual Property Rights 1 1.1 [ Copyright works Description of Copyright work Nature of work (eg literary, artistic, databases, etc) Date of creation of work (if already created) [Insert details] [Insert details] [Insert details]

Warranty limitations—pro-seller—share purchase agreement

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...

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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

What is motor vehicle or road traffic accident insurance?

What is motor vehicle or road traffic accident insurance? In the UK, motor insurance is a mandatory insurance policy for any vehicle owner or driver unless the vehicle is declared as off the road. There are heavy penalties, both civil and criminal, for uninsured drivers (who are caught). The mandatory insurance regime is intended to protect the general public (including pedestrians and other non-vehicle users) against personal injury and damage caused in a road traffic accident. Types of motor insurance policies The motor insurance market is split into three main types of insurance: third-party only; third-party fire and theft; and comprehensive policies: • third-party only policies provide the minimum level of cover required by the law, namely the Road Traffic Act 1988 (RTA 1988). RTA 1988 mandates that motor insurance must at the very least cover the risk of death, personal injury or property damage to third parties caused by the insured vehicle • third-party fire and theft provides third-party cover as described above but in addition...

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Weekly round-up of EU-UK TCA Specialised Committees’ publications—11 December 2024

This round-up includes details of publications made by Specialised Committees established by the EU-UK Trade and Cooperation Agreement (TCA) for the period from 4 to 11 December 2024.

UT follows previous decision on VAT treatment of government-funded education programmes (HMRC v Colchester Institute Corporation)

Tax analysis: In HMRC v Colchester Institute Corporation [2024] UKUT 397 (TCC) (4 December 2024) the Upper Tribunal (UT) dismissed HMRC’s appeal against a decision of the First-tier Tax Tribunal (FTT) that the government-funded provision of further and higher education and vocational training constituted a supply of services for consideration for VAT purposes because there was a direct link between the services and the consideration.

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GLOSSARY

Law definition

What does Law mean?

View the related checklists about Law

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Checklist for compromises of FCA-regulated entities: information requirements

View the related practice notes about Law

Standard contractual clauses and binding corporate rules—EU methodology—flowchart

Alternative care and funding

View the related precedents about Law

Intellectual Property Rights (IPR) Schedule

Warranty limitations—pro-seller—share purchase agreement

View the related q&as about Law

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

What is motor vehicle or road traffic accident insurance?

View the related News about Law

Weekly round-up of EU-UK TCA Specialised Committees’ publications—11 December 2024

UT follows previous decision on VAT treatment of government-funded education programmes (HMRC v Colchester Institute Corporation)

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GLOSSARY

Law definition

What does Law mean?

View the related checklists about Law

�Ѿ��پ������پ��ǲ�—c��𳦰��������

Checklist for compromises of FCA-regulated entities: information requirements

View the related practice notes about Law

Standard contractual clauses and binding corporate rules—EU methodology—flowchart

Alternative care and funding

View the related precedents about Law

Intellectual Property Rights (IPR) Schedule

Warranty limitations—pro-seller—share purchase agreement

View the related q&as about Law

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

What is motor vehicle or road traffic accident insurance?

View the related News about Law

Weekly round-up of EU-UK TCA Specialised Committees’ publications—11 December 2024

UT follows previous decision on VAT treatment of government-funded education programmes (HMRC v Colchester Institute Corporation)

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