Legal Concepts and Miscellaneous

This Practice note provides an overview of the money laundering regime that applies to lawyers pursuant to the Money Laundering Regulations 2007 (2007 Regulations). The 2007 Regulations came into force on 15 December 2007 and replace the Money Laundering Regulations 2003 (2003 Regulations). They bring the 2005 Directive on money laundering into effect in the UK. The 2007 Regulations introduce new requirements and vary requirements that were in the 2003 Regulations. In particular, the 2007 Regulations require that: The lawyer is able to identify the beneficial owner of client trusts, companies and partnerships. The lawyer applies customer due diligence measures and monitors client activities according to a risk-based approach, applying less stringent procedures for low risk situations and more stringent procedures in higher risk situations. Training for staff is both regular and covers terrorist financing issues. Lawyers are also to have regard to the Law Society's anti-money laundering practice note published on 6 October 2011, and the Solicitors Regulation Authority's warning cards on money laundering (April 2009), property fraud (April 2009) and bogus law firms and identity theft (March 2012).   Property lawyers should also take account of the joint Land Registry and Law Society practice note on property and registration fraud (September 2010), and the Law Society's note on mortgage fraud (October 2011).

This practice note provides an introduction to the substantive issues and law relating to the commissioning and conduct of investigations and inquiries.

An analysis of the application of UK defamation law to statements published on the internet, particularly in relation to the liability of ISPs.

A look at the duties, obligations and liabilities of directors and advisers that are parties to a takeover bid arising from statute, common law, the Takeover Code and the UK Listing Authority's Listing Rules.

Engagement letters are used by accountants, investment banks and other advisers to limit their liability when giving advice. This note deals with the issues that arise when limiting liability and summarises the provisions most commonly found in engagement letters.

An outline of the EU legislative process and its interpretation in the UK.

An outline of the common law fiduciary duties, ways of modifying those duties (including the use of Chinese walls) and proposals for reform.

A note on the European Convention on Human Rights and its interaction with the Human Rights Act 1998 including links to relevant PLC content.

This Practice note stresses the importance of giving information to clients about costs. It summarises the requirements of the Solicitors Code of Conduct 2007, and other legal requirements, and provides suggestions for how best information on costs can be provided to the client, at the outset and throughout the retainer. Note: This note covers the requirements of the Solicitors Code of Conduct 2007 (in force from 1 July 2007 to 5 October 2011).  For the latest requirements, under the Solicitors Code of Conduct 2011, see the new version of this note, Practice note, Informing the client about costs: at outset of retainer and beyond. For details of the Solicitors Costs Information and Client Care Code 1999, see, Practice note, Informing the client about costs: at outset of retainer and beyond pre 2007.

This practice note explains the rule under section 3 of the Human Rights Act 1998 that, so far as possible, legislation must be read and given effect in a way compatible with the European Convention on Human Rights. The note explains: The scope of the rule and how it applies to various types of legislation. How the courts have approached its application. The limits of what kinds of interpretation are "possible" to achieve human rights compliance.

This Practice note explains the regime of lasting powers of attorney (LPAs), which was introduced by the Mental Capacity Act 2005 on 1 October 2007, including: How to make an LPA. The formalities for registering an LPA. Guidance for third parties when relying on an LPA. From 1 October 2007, LPAs replaced enduring powers of attorney (EPAs) as the primary way of appointing a decision maker to act on a donor's behalf in the event of a loss of mental capacity. LPAs can authorise an attorney to make decisions about the donor's personal welfare, as well as decisions about their property and affairs.  

This practice note examines powers of attorney, in particular, general powers of attorney and their commercial application. It includes links to standard documents for general powers of attorney and specimen execution clauses. For further details on other types of powers of attorney, see Practice note, Lasting powers of attorney and Practice note, Enduring powers of attorney.

An outline of the law of professional negligence. This note considers: The requirements for claims in contract and tort. The application of the SAAMCO principle. The Bolam test. Contributory negligence. Contribution. The use by professionals of exclusion clauses to limit liability.

A note outlining the law of restitution.

This note considers: The Rome I Regulation on the law applicable to contractual obligations.   The Rome II Regulation on the law applicable to non-contractual obligations. It summarises the background to both Regulations, their legislative history and key objectives (including the instruments which preceded their introduction, namely the Rome Convention on the law applicable to contractual obligations and the Private International Law (Miscellaneous Provisions) Act 1995).

This note explains what the Court of Justice of the European Union (formerly known as the European Court of Justice (ECJ)) is, why a reference would be made to it and who can make a reference. The note gives examples of questions which might be referred to the ECJ and sets out a brief summary of the procedure to be followed and the effect of a ruling by the ECJ on the question referred.

The Solicitors' Code of Conduct 2007 (the Code) came into force on 1 July 2007. The Code replaced, with effect from 1 July 2007, the rules of professional conduct contained in the Solicitors' Practice Rules 1990. The Code applies to all solicitors in England and Wales. This Practice note deals with the rules of conduct in the Code where a solicitor is asked to deal with more than one prospective buyer in a conveyancing transaction, more commonly known as a "contract race". Note: The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes on the SRA handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. SRA Handbook: ten top things for in-house lawyers to think about.

The Solicitors' Code of Conduct 2007 (the Code) came into force on 1 July 2007. The Code replaced, with effect from 1 July 2007, the rules of professional conduct contained in the Solicitors' Practice Rules 1990. The Code applies to all solicitors acting in England and Wales. This Practice Note deals with the rules of conduct in the Code with which a solicitor must comply when asked to act for both a seller and a buyer in a conveyancing transaction. Note: The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC has published the following Practice notes on the new handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers. SRA Handbook: ten top things for in-house lawyers to think about.

Rule 6(3) of the Solicitors' Practice Rules 1990 (SPR) provides that, as a general rule, a solicitor cannot act for both the lender and the borrower on the grant of a mortgage of land. Where the mortgage is a 'standard' mortgage, however, Rule 6(3) of the SPR allows joint representation, subject to there being no conflict of interest and to certain conditions being complied with. This practice note explains Rule 6(3) and provides links to the text of the rule and to a flowchart illustrating how the rule operates. The practice note also provides links to the CLLS Certificate of title and short form report on title, approved by the Law Society for the purposes of Rule 6(3) as amended with effect from 27 April, 2001. NOTE: The Solicitors' Code of Conduct 2007 repealed the SPR with effect from 1 July 2007 (see Practice note, Solicitors' Code of Conduct 2007). The Solicitors Regulation Authority (SRA) Handbook, which is fully in force from 6 October 2011, replaces the Solicitors' Code of Conduct 2007. PLC Property has published the following Practice notes on the SRA handbook: SRA Handbook 2011 and Code of Conduct. SRA Handbook 2011 and Code of Conduct: issues for property lawyers.

The Solicitors' Code of Conduct 2007 and all other existing Solicitors Regulation Authority (SRA) rules have been rewritten and reformatted into a new SRA Handbook. The date for implementation of the Handbook is currently scheduled to be 6 October 2011. This Practice note highlights the ten key points that in-house lawyers need to consider in advance of its introduction.

This Practice note examines the impact of the Treaty of Lisbon on the decision-making procedures and substantive policies of the European Union.

A note on the extent to which Convention rights may be relied on in relation to acts of public authorities that occurred before the Human Rights Act 1998 came into force on 2 October 2000.

An overview of the money laundering and terrorist financing offences set out in the Proceeds of Crime Act 2002 (POCA) and the Terrorism Act 2000 (TACT) respectively. POCA and TACT form part of the UK's anti-money laundering (AML) and counter-terrorist financing (CTF) regime.

A practice note on the guidance published by the Law Society's Conveyancing and Land Law Committee on acceptance of undertakings from a seller's solicitor to discharge a mortgage on sale of registered property as part of the completion arrangements.

This practice note examines what constitutes a public authority for the purposes of the Human Rights Act 1998. The distinction between public authorities and public functions and private bodies and private functions is unclear, particularly in relation to hybrid bodies, where only some functions may be public (section 6(5), HRA). The position is made more difficult with public/private partnership arrangements and public bodies contracting out functions to the private sector. This distinction is important because a public authority must not act in a way that is incompatible with the Convention rights (section 6, HRA).