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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights鈥攃hecklist This Checklist provides an overview of the questions to be asked when determining: 鈥 which system of law is applicable to a contract of employment or employment relationship (applicable law) 鈥 whose courts and/or tribunals should decide an employment case (jurisdiction), and 鈥 how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as 鈥業P completion day鈥. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...
UK Benchmarks Regulation鈥攖imeline This timeline shows key developments relating to Assimilated Regulation (EU) 2016/1011 (the UK Benchmarks Regulation) from January 2024 onwards. For earlier developments, see Benchmarks Regulation鈥攖imeline [Archived] 2024 Date Source Document Description 22 October 2024 UK Parliament SI 2024/1051: The Critical Benchmarks Regulations 2004 SI 2024/1051: These Regulations are made to specify the WMR Closing Spot Rates (also known as the WMR London 4pm Closing Spot Rate) and ICE Swap Rate庐 as critical benchmarks for the purposes of Article A20(5) of Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds. They are made in exercise of legislative powers under Regulation (EU) 2016/1011 in connection with assimilated law. They are due to come into force on 13 November 2024.See: LNB News 22/10/2024 108 1 October 2024 FCA and BoE FCA press releaseThe end of LIBOR The BoE has issued a joint press release...
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Managing conflicts of interest in pensions THIS PRACTICE NOTE APPLIES TO TRUST-BASED OCCUPATIONAL PENSION SCHEMES Legal requirements in relation to conflicts of interest Pension scheme trustees have a duty to act in the best interests of the scheme's beneficiaries. However, trustees may owe duties to other parties or have personal interests which conflict with that duty. It is a general principle of trust law that trustees should not put themselves in a position where their duty to act in the best interests of beneficiaries conflicts with duties that they owe to other parties or with their personal interests. If trustees make decisions while subject to a conflict of interest that has not been appropriately managed, there is a risk that those decisions may be challenged by scheme members or overturned by the courts. It is important that the members of a scheme should perceive a conflict or potential conflict as having been properly managed. The directors of a company that acts as a trustee of a...
Application for disclosure of information supplied in order to obtain a warrant The procedure for the hearing of an application for access to the information and material used to obtain a search warrant or comparable order, where the investigator wants the court to withhold that information, is governed by Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, rr 5.7鈥5.10. These rules have been amended to codify the decision in Metropolitan Police Commissioner v Bangs, which is analysed in this Practice Note. Does a magistrate have jurisdiction to hear an application? Following Eastenders Cash and Carry v South Western Magistrates Court a magistrate would be correct to adopt the starting point that a claimant was entitled to see the information which persuaded the court to issue a search warrant unless the public interest requires that some or all of the material relied upon should not be disclosed. When a court is considering an application for a search warrant and exercises its statutory power to grant one, the...
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Performance appraisal and personal development plan鈥擫&D manager Name [Insert appraisee鈥檚 name] Current manager [Insert appraiser鈥檚 name] Position/title department [Insert appraisee鈥檚 job title] Current personal development plan (PDP) year [Insert year] Department [Insert appraisee鈥檚 department] Date of appraisal [Insert date] Appraisal conducted in person? 鈽 Yes鈽 No Aim of the meeting 鈥 To understand your personal aspirations 鈥 To provide feedback about your level of performance 鈥 To plan your future with us, ensuring we are supporting your career development 鈥 To set and agree objectives aligned with the strategic aims of the firm What the meeting will cover 鈥 Part 1: Performance against personal objectives 鈥 Part 2: Performance against core skills 鈥 Part 3: Assessment of overall performance 鈥 Part 4: Future aspirations 鈥 Part 5: Future personal objectives 鈥 Part 6: Personal development plan Preparation for appraisal meeting Please review and complete sections 1 to 4 in advance of the meeting. This includes your assessment of your progress and performance rating. Provide a copy...
Explanatory note for a client's Will鈥攖o spouse on flexible life interest trust with remainder on discretionary trust STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025鈥26 and A new residence-based regime for IHT from 2025鈥26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. [Your] Will鈥擺name of testator]鈥攅xplanatory note This explanatory note explains the main provisions of your Will. Please read this explanatory note and your Will carefully....
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Where can I find information relating to FCA perimeter issues? The FCA's Perimeter Guidance manual (PERG) provides guidance about the circumstances in which authorisation is required, or exempt person status is available, including guidance on the activities which are regulated under the Financial Services and Markets Act 2000 (the Act) and the exclusions which are available. Application of the Perimeter Guidance manual (PERG) PERG applies to: 鈥 a person who is considering carrying on activities in the United Kingdom which may fall within the scope of the Act and is seeking guidance on whether he/she needs to be an authorised person 鈥 a person who seeks to become an authorised person under the Act and who is, or is considering, applying for Part 4A permission to carry on regulated activities in the United Kingdom 鈥 a person who is seeking guidance on whether any communication he/she may be seeking to make or cause to be made will be a financial promotion and be subject to the restriction...
In 2006, the deceased鈥檚 husband established a nil rate band trust (NRB) in his Will funded with a loan note from his wife in the amount of 拢285k. The only documentation for this arrangement was a loan note and the trust was not registered with the Trust Registration Service (TRS). The deceased's children wish to have the trustees appoint this to their own children. Do charges under the relevant property regime apply to the trust? Should the trustees retrospectively register the NRB trust with the TRS and report to HMRC? Relevant property trust charges In the case of the ten-year charge, the available nil rate band (NRB) is used as part of a formula to calculate the effective rate (ER), which in turn determines the actual rate of inheritance tax (IHT) to be applied to the particular trust. The actual rate is 30% of the ER. As the maximum ER is 20%, the maximum actual rate is 6%. See Practice Note: Relevant property trusts鈥攖he principal (ten-year) charge before 18 November...
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Law360, London: The US and UK governments have agreed to reduce tariffs and avoid counter-tariffs in a limited trade deal announced on 8 May 2025 by President Donald Trump and Prime Minister Keir Starmer that will cut 25% tariffs on British cars to 10% and remove tariffs on certain metals.
The Scottish Charity Regulator (OSCR) has published updated guidance on automatic disqualification criteria for charity trustees and senior managers, reflecting changes under the Charities (Regulation and Administration) (Scotland) Act 2023. The guidance, which takes effect in summer 2025, extends disqualification provisions beyond trustees to include those in senior management functions. New disqualification criteria have been added to cover terrorism-related offences and to include individuals listed on the sex offenders register. OSCR has also revised its waiver application process for disqualified individuals seeking permission to act in charity roles. The changes amend the Charities and Trustee Investment (Scotland) Act 2005, with non-compliance punishable by a fine, imprisonment, or both.
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