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CDM Regulations 2015—principal designer checklist For more detail on the role of the principal designer, see: • Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs 2015) • HSE Guidance on the Construction (Design and Management) Regulations 2015 • CONIAC Industry guidance for Principal Designers • Practice Note: CDM Regulations 2015—the role of the principal designer Appointment of the principal designer The principal designer must be appointed in writing by the client on any project where there is more than one contractor. The appointment must be made as soon as practicable and before the construction phase starts. Duties of the principal designer The principal designer must: • ensure that it has the skills, knowledge and experience, and if it is an organisation, the organisational capability, necessary to fulfil the role in a manner that secures the health and safety of any persons affected by the project • comply with the general duties of a designer that are set out in reg 9—see Practice Note: CDM Regulations 2015—the role of...
Privacy notices—what information to include—checklist FORTHCOMING CHANGE: On 19 June 2025, the Data (Use and Access) Bill received Royal Assent, becoming the Data (Use and Access) Act 2025 (DUAA 2025) and coming partly into force on that date. Parts 5 and 6 serve to amend aspects of data protection and ePrivacy law in the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR), the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426. Certain provisions of DUAA 2025, concerning matters such as responding to data subject access requests and the conferring of power to make further regulations, came into force immediately on 19 June 2025. Other provisions, concerning notices from the Information Commissioner and some aspects of law enforcement processing, come into effect on 19 August 2025 (being two months from the date of Royal Assent). The majority of DUAA 2025’s provisions require further regulations (in the form of statutory instruments) to be made to bring...
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The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and their impact on costs and funding This Practice Note highlights key issues for solicitors arising out of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 in relation to costs and funding. The Practice Note is intended to highlight the key issues for solicitors arising out of the regulations in relation to costs and funding. It is not intended to review these regulations more generally. It covers three different types of contract being distance, off-premises and on-premises along with issues to be considered. Prior to CCR 2013 coming into force the following regulations applied—Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (Cancellation Regulations 2008), SI 2008/1816 and the Consumer Protections (Distance Selling) Regulations 2000, SI 2000/2334. It should be noted that following the UK's departure from the EU, CCR 2013, SI 2013/3134 continue to apply, but the following minor amendments are made to the...
Legal professional privilege in Scottish criminal proceedings This Practice Note provides guidance on the principles of legal professional privilege as they apply in criminal investigations and prosecutions in Scotland. This Practice Note should be read in conjunction with Practice Note: Privilege in Scotland—general principles, which provides an overview of the two principal types of legal professional privilege: legal advice privilege and litigation privilege and touches on waiver of privilege and common interest privilege. For guidance on the position in England and Wales, see Practice Note: Legal professional privilege in criminal proceedings. Legal advice privilege—who falls within definition of ‘lawyer’ in COPFS The case of Whitehouse v The Lord Advocate concerned a claim for damages arising out of an action under the Proceeds of Crime Act 2002 (POCA 2002) raised by the Crown. A restraint order was sought and granted under POCA 2002 but it was subsequently recalled without confiscation action. In preparation for the action, the pursuers sought and obtained an order for recovery of documents from the defender...
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Cross-border protocol for insolvencies or restructurings This Agreement is made [insert day and month] 20 [insert year] Parties 1 [insert name of insolvency representative] in their capacity as [insert capacity eg liquidator or administrator or trustee or custodian or supervisor or curator or examiner]Â of [insert name of company(ies) appointed over] in [insert name of country A] appointed by a decision of the [insert name of court or administrative or governmental or regulatory body appointing them] dated [insert date]; and 2 [insert name of insolvency representative] in their capacity as [insert capacity eg liquidator or administrator or trustee or custodian or supervisor or curator or examiner]Â of [insert name of company(ies) appointed over] in [insert name of country B] appointed by a decision of the [insert name of court or administrative or governmental or regulatory body appointing them] dated [insert date]; together referred to as the Insolvency Representatives; and 3 [insert name of debtor company(ies)] a company incorporated in [insert country] under number [insert registered number] whose ...
Advertising and promotions of medicines—training materials These training materials consist of template PowerPoint slides that can be used as the basis of one or more training seminars on the duties in relation to the advertising and promotion of medicinal products. It is anticipated that those providing training will use these slides as a helpful starting point for their presentations and then amend them accordingly to reflect their particular circumstances. The training materials are customisable. Contents • Introduction and background • General principles on scope • Information to be made available in advertising to HPs • Abbreviated advertisements • Online advertising and social media use • Promotional aids • Gifts, inducements and competitions • Hospitality • Free samples • Requirements for sales representatives • Public health emergencies exception • Duty to maintain high ethical standards • Donations, grants and sponsorship to healthcare institutions • Using HPs as consultants and advisors • Advisory boards • Certification of promotional material under the ABPI Code • Vetting of promotional material by MHRA...
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Is there any restriction on the powers of a justices' legal adviser to make a wasted costs or any other costs order? Wasted costs orders are orders made against legal representatives under section 51(6) of the Senior Courts Act 1981 (SCA 1981) to disallow legal costs claimed by a legal representative against their client, or an order that a legal representative themselves meet wasted costs. Such orders are governed by the Civil Procedure Rules 1998 (CPR), specifically CPR 46.8, which are applied in family cases by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.2(1). The latter rules provide that, save where FPR 2010, SI 2010/2955, 28.3 applies, CPR 46 (inter alia) applies to costs in proceedings. FPR 2010, SI 2010/2955, 28.3 disapplies the general rule that costs follow the event, but does not disapply CPR 46.8. By CPR PD 46, para 5.5 it is appropriate for the court to make a wasted costs order against a legal representative only if the latter has acted improperly, unreasonably or negligently,...
Is there any authority on whether legal advice privilege is lost where that privileged information is disclosed by a law firm without their client’s consent? Legal professional privilege The special protection that allows a client to retain confidentiality in certain communications with their legal advisers tends to be known as ‘legal professional privilege’ (LPP), which is an umbrella term encompassing both legal advice privilege and litigation privilege. When considering LPP, it is important to keep in mind the distinction between disclosure and inspection. Disclosure is the term given to the process where parties offer up ‘documents’ in their control which are material to an issue (or issues) in dispute see Practice Note: Disclosure—introduction. In comparison, ‘inspection’ occurs when a party physically views (or receives copies of) documents that have been listed or ‘disclosed’. See Practice Note: Disclosure—inspection. It is also important to note that a party to whom a document has been disclosed may generally only use that document for the purpose of the proceedings in which...
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This week's edition of the Family weekly highlights includes analysis of the new Pension Schemes Bill and consideration of Hadkinson and unless orders where there is a failure to comply with a legal services payment order. Recent judgments on the interaction between accommodation under the Children Act 1989 and the Immigration and Asylum Act 1999 and the inherent jurisdiction to facilitate the summary return of a child are considered. Two new flowcharts on applications under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (the 1980 Hague Convention) and the limited defences that may be raised in response to an application under the 1980 Hague Convention are also set out.
Family analysis: The court was concerned with the failure of one party, the husband, to comply with a legal services payment order (LSPO) made in favour of another party, the wife, in order to fund her representation on appeals made by the husband and the second respondent (IBB). The husband and IBB appealed a first instance decision in a financial relief matter and the wife secured a LSPO against the husband for representation during the appeal proceedings. The husband did not comply with that order and the wife applied for an unless order or Hadkinson order to be made to enforce the LSPO. The court declined to make an unless order as it was disproportionate to immediately dismiss the husband’s claim. The court did make a Hadkinson order (per Hadkinson v Hadkinson), which was considered more proportionate and the conditions in de Gaffori v de Gaffori for making such an order were satisfied. Anastasia Gilfillan, barrister, and Emily Lennon, pupil, at 1 Hare Court, consider the decision.
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