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Influencer risk assessment—checklist

Influencer risk assessment—checklist Influencers are so named because of their extensive social media following. They have a self-selecting, trusting audience that can typically be categorised by age, sex, location and/or interest. By using influencers effectively, brands can deliver targeted messages to large, interested groups and crucially, those messages are being delivered by a trusted source. Brands commonly work with influencers by: • paying influencers to post particular content (ie advertorials), and/or • providing affiliate links or discount codes to be included in posts where the influencer gets paid for every ‘click-through’ or sale tracked back to the influencer’s content (ie affiliate marketing) An influencer is effectively a business partner and should be carefully chosen to minimise potential damage and maximise the success of the campaign. This Checklist outlines key points to consider prior to engaging with an influencer for a specific project. Regulation of influencer advertising The primary legislation applicable to influencer advertising is Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), which regulates unfair and misleading business-to-consumer commercial practices....

Procedural guide—applications under Schedule 1 to the Children Act 1989

Procedural guide—applications under Schedule 1 to the Children Act 1989 An application under Schedule 1 to the Children Act 1989 (ChA 1989) will proceed in accordance with the standard procedure, unless the application is for periodical payments only (ie no capital orders are sought). Similarly where an application is made to vary an order, the fast-track procedure will only apply if the application concerns the variation of a periodical payments order and no form of capitalisation is sought. See Practice Note: Fast-track (shortened) financial remedy procedure. An application under ChA 1989, Sch 1 is made in the Family Court and allocated to a district judge. See Practice Notes: Procedure—Schedule 1 to the Children Act 1989 and Issuing financial proceedings in Form A (standard procedure). This Procedural Guide is primarily concerned with applications under the standard procedure. The pre-action protocol and overriding objective defined in the Family Procedure Rules 2010 (FPR 2010) apply to applications under ChA 1989, Sch 1—see Practice Note: Financial proceedings—pre-application requirements—Pre-application protocol (FPR 2010, PD 9A, Annex)....

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Issuing financial proceedings in Form A (standard procedure)

The ‘standard procedure’ means the procedure set out in FPR 2010, Pt 9, Ch 4 (SI 2010/2955, 9.12–9.17). The ‘fast-track procedure’ means the procedure set out in FPR 2010, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A). The ‘fast-track’ provisions cover a range of applications, including where the application relates, inter alia, to an application for a periodical payments order only under the Matrimonial Causes Act 1973 (MCA 1973), Civil Partnership Act 2004 (CPA 2004) or Schedule 1 to the Children Act 1989 (ChA 1989)—before 4 June 2018, all applications for variation of a financial remedy order came under the fast-track procedure, but after this date only an application for variation of a periodical payments order (without capitalisation) is dealt with under the fast-track. This Practice Note sets out the steps to be taken under the standard procedure on the issue of an application in Form A (Notice of [intention to proceed with] a financial application to which the standard procedure applies). For practical guidance on the fast-track procedure on the...

Standard directions on an application in Form A

This Practice Note sets out the directions to be complied with after the issue of an application in Form A (Notice of [intention to proceed with] a financial application to which the standard procedure applies) in proceedings for a financial remedy that are subject to the standard procedure under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, Ch 4 (SI 2010/2955, 9.12–9.17). This includes the document filing requirements, the preparation of a questionnaire and Form G (Notice of response to first appointment). It also explains the implications of failing to comply with the standard directions. In addition to the provisions of FPR 2010, regard should also be had to guidance issued in relation to the Financial Remedies Court, in particular the statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (the below High Court judge level efficiency statement), see: Efficiency statement requirements.First appointments in the Financial Remedies Court may be dealt with in a limited number of cases...

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Letter of intent—construction—employer friendly

Letter of intent—construction—employer friendly From: [insert name of Employer (the ‘Employer’)] To: [insert name of Contractor (the ‘Contractor’)] Date: [insert date] Dear [insert name of Contractor] [insert full project name and/or description/location of the works] (the ‘Works’) 1 We refer to your tender ([insert reference]) dated [insert date] and to [insert details of subsequent correspondence and any other specific documents containing details of the Works]. 2 We are pleased to inform you that, subject to terms being agreed between us, it is our intention to accept your offer (contained in the documents referred to in paragraph 1 above) and enter into a contract with you for the carrying out of the Works. 3 It is intended that the form of contract will be based on the [insert form of proposed contract], as amended by a schedule of amendments and annexures as attached to this letter (together the ‘Contract’). The Contract will also incorporate the following documents: [insert proposed Contract Documents] (the ‘Contract Documents’) The following items are not...

Policy—regulatory references

Policy—regulatory references 1 Introduction 1.1 The Financial Conduct Authority (FCA) and the Prudential Regulation authority (PRA) (together the Regulators) require firms that are authorised by the Regulators (and subject to the Senior Managers and Certification Regime (SM&CR)) to request regulatory references if they are considering:. 1.1.1 permitting or appointing someone to perform a senior management function; 1.1.2 issuing a certificate under the certification regime; and/or 1.1.3 appointing a non-executive board director. 1.2 These regulatory references are designed to assist prospective employers to assess whether an individual applying for an applicable regulated function is fit and proper to hold that role. 1.3 To enable a prospective employer to assess the fitness and propriety of a candidate for a regulated function, organisations that fall within the SM&CR must provide upon request a regulatory reference that covers the individual for the preceding six years (and, in certain circumstances, longer). It is essential that we comply with our regulatory obligations in obtaining and in responding to such requests, as the failure to...

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Where Heads of Terms (HoTs) were agreed but no formal lease was executed and the tenant has been in occupation, can the landlord serve a section 25 notice to terminate any implied agreement? Are they bound by the termination provisions in the HoTs?

Where Heads of Terms (HoTs) were agreed but no formal lease was executed and the tenant has been in occupation, can the landlord serve a section 25 notice to terminate any implied agreement? Are they bound by the termination provisions in the HoTs? In answering this question, the legal effect of the Heads of Terms (HoTs) depends upon the interpretation of the document as it stands: Pretoria Energy Company (Chittering) Limited v Blankney Estates Ltd. Therefore, the HoTs' effect is subject to each case's facts and requires individual consideration. Nevertheless, relevant considerations are, inter alia, as follows: • HoTs labelled ‘subject to contract’, or where it is stipulated that a formal contract would be drawn up, is generally indicative that the HoTs are not legally binding: Winn v Bull (1877) 7 Ch D 29 (not reported by ÀÏ˾»úÎçÒ¹¸£Àû®UK) • HoTs referring to a lease being granted outside of the scope of the Landlord and Tenant Act 1954 (LTA 1954) will also be indicative that there was no intention...

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Appropriate assessments and planning committee’s failure to consider relevant information (R (on the application of Dr Rosalind Bradbury) v Brecon Beacons National Park Authority)

Planning analysis: In Bradbury v Brecon Beacons National Park Authority, the Court of Appeal dismissed an appeal against a decision to grant planning permission for two developments, despite the planning committee’s failure to consider relevant information (specifically, the absence of appropriate assessments and the potential impact of the proposed development on the integrity of the River Wye Special Area of Conservation) on the basis that it was highly likely the committee would have reached the same decision even if this breach had not occurred. (R (on the application of Dr Rosalind Bradbury) v Awdurdod Parc Cenedlaethol Bannau Brycheiniog (Brecon Beacons National Park Authority)). Written by Martha Grekos, barrister at Martha Grekos Legal Consultancy.

EAT examines benchmark for costs orders in discrimination claims (Madu v Loughborough College)

Employment analysis: Special consideration should be given to the unique circumstances and difficulties involved in bringing discrimination claim when determining whether to award costs under the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), particularly where the claimant is a litigant in person (LiP) or was at the time the claim was brought, according to the EAT in Madu and Loughborough College.