Pre-action Conduct
This part of the topic index contains resources on pre-action conduct. Please select the resource that you require by clicking on the relevant tab below.
9
resources
These resources are maintained, meaning that we monitor developments on a regular
basis and update them as soon as possible.
| 1 | County courts: jurisdiction and overview This note provides an overview of the county courts and their jurisdiction. It also: Explains the hierarchy of the civil courts in England and Wales. Considers the jurisdiction of the High Court. Looks at in which court proceedings should be commenced. Provides a general overview of the Civil Procedure Rules. | Practice note: overview | Maintained |
| 2 | General Practice Direction on Pre-Action Conduct An overview of the General Practice Direction on Pre-Action Conduct (PDPAC) and the consequences of non-compliance. The PDPAC applies to all pre-action conduct in the civil courts including the county court. | Practice note: overview | Maintained |
| 3 | Jackson LJ's Review of Civil Litigation Costs: Final Report A detailed note on Lord Justice Jackson's final report following his review of civil litigation costs which was published on 14 January 2010. This note summarises the issues considered by Jackson LJ and sets out his recommendations. It also comments on the potential impact of the recommendations and includes views from a number of leading practitioners. It links to two short notes setting out our views as to when each of the recommendations is likely to take effect generally and for specific litigation. | Practice note: overview | 27-Jan-2010 |
| 4 | SRA Code of Conduct 2011 toolkit A toolkit to guide users through PLC's resources on the SRA Code of Conduct 2011. | Practice note: overview | Maintained |
| 5 | Anti-money laundering measures for lawyers: the 2007 rules 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). | Practice notes | Maintained |
| 6 | Engagement letters 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. | Practice notes | Maintained |
| 7 | Implementation of Jackson LJ's recommendations (specific ... This note tracks implementation of each of Lord Justice Jackson's recommendations for reform of civil litigation costs (including those not formally presented as recommendations) in specific types of litigation. The note links to a separate note dealing with all other recommendations. | Practice notes | Maintained |
| 8 | SRA Handbook 2011 and Code of Conduct The Solicitors Regulation Authority has issued a new Handbook, including a new Code of Conduct, which is prompted by the possibility of Alternative Business Structures (ABSs) opening for business from 6 October 2011. The Handbook is being introduced on a phased basis, beginning in August 2011. The key implementation date was 6 October 2011. This practice note explains the background to the new Handbook and its structure. For information on how the new Handbook and Code of Conduct will affect common aspects of property transactions, see Practice note, SRA Handbook 2011 and Code of Conduct: issues for property lawyers. | Practice notes | Maintained |
| 9 | SRA Handbook 2011: top ten things for in-house lawyers to ... 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. | Practice notes | Maintained |