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Instructing third parties—checklist—law firms

Instructing third parties—checklist—law firms This Checklist is designed to help you determine whether you have the systems in place to comply with regulatory requirements that apply to law firms in relation to instructing third parties. It should be read in conjunction with subtopic: Instructing third parties. Selecting and evaluating third parties Requirement Compulsory or recommended Comments (if any) ☐  Implement systems and procedures to select and evaluate third parties you instruct on clients’ behalf See Precedents: Instructing third parties policy , Third parties register and Third party evaluation form Compulsory for Lexcel accredited firms, otherwise recommended Lexcel England and Wales v6.1: Standard for legal practices, para 7.5 (Insert any comments you may wish to make regarding your firm’s arrangements) ☐  Implement systems and procedures to: —consult with your client in relation to the selection of the expert or barrister, where appropriate—advise your client of:• the name and status of the person being instructed • if the client will have to fund the disbursement,...

Mandatory Disclosure Rules (MDR) hallmarks—Table

Mandatory Disclosure Rules (MDR) hallmarks—Table This Table sets out the hallmarks for the Mandatory Disclosure Rules (MDR) regulations in effect from 28 March 2023 which implement the Organisation for Economic Cooperation and Development (OECD) model rules in the UK and entirely revoke EU Directive 2018/822 DAC 6 in the UK from the same date. It is designed to be read alongside the main Practice Note: Disclosable cross-border tax arrangements—Mandatory Disclosure Rules (MDR). The generic hallmark for a Common Reporting Standard (CRS) avoidance arrangement is any arrangement where it is reasonable to conclude that it has been designed to circumvent CRS legislation or has been marketed as or has the effect of doing so. Just because an arrangement has the effect of non-reporting does not mean that it circumvents the CRS legislation—it would also need to be reasonable to conclude that the arrangement undermines the intended policy of the CRS legislation. There are also specific hallmarks which identify known features of CRS avoidance arrangements. These specific hallmarks have been...

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Intestacy in Scotland (surviving spouse)—flowchart

Intestacy in Scotland (surviving spouse)—flowchart This content is produced in partnership with Scots

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Client care policy—regulatory requirements 2011 [Archived]

Client care is about providing a proper standard of service to your client. Chapter 1 of the Solicitors Regulation Authority (SRA) Code of Conduct 2011 sets out your regulatory obligations.There is no regulatory requirement to have a written client care policy, except in relation to complaints, but as you may have to justify your client care arrangements to the SRA, you should ensure you maintain a proper record of the arrangements you have and be able to show they are appropriate.This Practice Note explains the regulatory requirements on client care. For more on complaints, see Practice Note: Complaints—regulatory requirements—law firms 2011 [Archived].The requirementsYou must:•act with integrity•not allow your independence to be compromised•act in the best interests of each client•provide a proper standard of service to your clients•behave in a way that maintains public trust•comply with your legal and regulatory obligationsThe information you provide to clients and the procedures you put in place will vary depending on the needs and circumstances of your clients and the services you provide. For example,...

Conflicts of interest—regulatory requirements 2011 [Archived]

Conflicts of interest—regulatory requirements 2011 [Archived] There are two types of conflict: own interest conflicts (sometimes called solicitor-client conflicts) and client conflicts. You can never act where there is an own interest conflict. You cannot act where there is a conflict between two or more clients unless: • one of two specific exceptions applies, and • additional safeguards are met You may also encounter a situation where your duty of confidentiality to a former client conflicts with your duty of disclosure to a current client. These are dealt with separately in the SRA Handbook and are discussed briefly in this Practice Note. The SRA does not: • define what scenarios constitute a conflict of interest, or • prescribe detailed rules for identifying and managing conflicts Own interest conflict An own interest conflict arises where: • your duty to act in the best interests of a client (in relation to a matter) conflicts with your own interests in relation to that or a related matter, or...

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Consultancy agreement—company and individual—pro-client (short form)

Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...

Structure chart—day-to-day supervision

Structure chart—day-to-day supervision A that you can

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In 2006, the deceased’s husband established a nil rate band trust (NRB) in his Will funded with a loan note from his wife in the amount of £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?

In 2006, the deceased’s husband established a nil rate band trust (NRB) in his Will funded with a loan note from his wife in the amount of £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—the principal (ten-year) charge before 18 November...

Where two individuals jointly instruct a solicitor to act in the purchase of a property, is each individual entitled to require the solicitor to provide a copy of the conveyancing file?

Where two individuals jointly instruct a solicitor to act in the purchase of a property, is each individual entitled to require the solicitor to provide a copy of the conveyancing file? Case study Two individuals have jointly instructed a solicitor to act in the purchase of a property. The parties are now separately represented and one is bringing a Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim against the other. One of the parties wishes to know whether each individual is entitled to require the solicitor to provide a copy of the conveyancing file. See the case of Hamilton and Dixon Group Sipp v Hastings and Company (Solicitors). The case considers a party’s entitlement to view documents held by a solicitor where the same was acting under a joint retainer. Deeny J followed the position expressed by The Law Society of England, and held: '… Each client is entitled to a copy of the relevant documents at their own expense. It seems to me that...

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Tommy Robinson's mental health 'deteriorating' in prison

Law360, London: Counsel for far-right activist Stephen Yaxley-Lennon urged the Court of Appeal on 11 April 2025 to reduce his 18-month sentence for contempt of court, arguing that prison conditions have caused a 'demonstrable effect' on his mental health.

Question of the week: In 2006, the deceased’s husband established a nil rate band trust (NRB) in his Will funded with a loan note from his wife in the amount of £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?

This Q&A considers whether charges under the relevant property regime applies to a nil rate band trust. It also considers whether trustees should register the trust with the Trust Registration Service and report to HMRC.