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A lawyer who is regulated by the Solicitors Regulation Authority.
A solicitor must be admitted to the roll of solicitors. If the solicitor intends to practice then they must hold a current practising certificate.
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Option agreements鈥攁cting for the buyer鈥攃hecklist Call or put option? In a 'call' option the buyer will have control in that it may call for a transfer of the property. A 'put' option gives the seller control in that it can require the buyer to take a transfer of the property and therefore the buyer should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Seller's charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: 鈥 joins into the agreement (this is rare in practice), or 鈥 provides written consent to the granting of the option In either case, the mortgagee should confirm that if the buyer exercises the option it will acquire the property free from the charge or, if the mortgagee...
Ending a claim鈥攃hecklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction鈥攖he court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction鈥攐verview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction鈥攇eneral principlesChallenging court jurisdiction鈥攈as a party submitted to a jurisdiction?Challenging court jurisdiction鈥攁pplication under CPR 11 (timing and extensions of time)Challenging court jurisdiction鈥攁pplication under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...
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The Solicitors Regulation authority (SRA) is the independent regulatory arm of the Law Society. It regulates:鈥ndividual solicitors, registered European lawyers (RELs), registered foreign lawyers (RFLs) and non-lawyer employees, owners and managers of regulated law firms鈥aw firms, eg sole practices, partnerships, LLPs and companies providing legal advice and services as:鈼 solicitor practice (ie a firm owned and managed by solicitors), or 鈼n alternative business structure (ABS) (eg a firm with non-lawyer owners or managers)The SRA does not represent the solicitors鈥 profession, which is the function of the Law Society. Its purpose is to ensure that consumers receive a good service and that the rule of law is upheld. This Practice Note explains the SRA鈥檚 structure, role and powers.Structure The SRA鈥檚 work is overseen by the SRA board, which comprises both solicitor and lay members, with the majority being non-lawyers. The board is assisted by three committees covering:鈥udit and risk鈥ominations鈥emunerationThe SRA is predominantly based in Birmingham but also has offices in London.Relationship with the Law Society and the Legal Services BoardThe Law...
Historically, only individuals were subject to professional rules and requirements rather than the entities through which they practised. Since March 2009, the Solicitors Regulation Authority (SRA) has regulated both individuals (solicitors, registered European lawyers, and registered foreign lawyers) and firms (including partnerships, limited liability partnerships (LLPs), companies and sole practitioners). This Practice Note explains the concept of firm-based regulation under which entities are regulated by the SRA.What is firm-based regulation?The vast majority of firms operate via some sort of business entity, eg:鈥artnership鈥LP鈥ompanyThe sole practitioner (ie sole trader) business model is the obvious exception.If a firm provides reserved legal activity services, it must generally be authorised by one of the legal services regulators. If a firm does not provide reserved legal activity services, it may not need to be authorised, but can, subject to complying with the SRA鈥檚 eligibility requirements, choose to bring itself within SRA regulation. If a firm provides immigration, claims management or financial services, it will need to be authorised, but this could be by the applicable sector-specific...
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Letter of claim鈥攑eer-to-peer copyright infringement Letter of claim [Alleged infringer鈥檚 name and address] [Date] Dear [insert organisation name] Copyright infringement: [Name and description of copyright works] We are writing on behalf of [name and address of client] (鈥榦ur client鈥). We are writing to you about your activities and actions, which amount to an infringement of our client鈥檚 copyright. [Name of client] Our client operates in [describe: eg the computer games industry; what the copyright owner does; who in the company produces the copyright works, if relevant, how they are employed and what the copyright work is. Define or give the name of the copyright work]. Our client is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of copyright in the copyright work, a copy of which is available for inspection at our offices on request. [In accordance with section 11(2) of the Copyright Designs and Patents Act 1988 (CDPA 1988), our client owns the copyright subsisting in the copyright work because it is...
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...
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Is it acceptable for a liquidator and the only creditor in an insolvency situation to be represented by the same solicitor? Or is this a conflict? Both insolvency practitioners (IPs) and solicitors are members of professions that are governed by separate ethics codes. Both IPs and solicitors, before accepting an appointment or an instruction, should carry out documented procedures to ensure that there would not be a conflict of interest or breach of their ethics code in accepting the appointment or instruction. The question does not specify whether the conflict concerned would be for the solicitor or the IP and although both issues are considered, this answer deals primarily with the IP and whether the IP would have a conflict of interest. The insolvency ethics code sets out a framework approach that is to be followed in all cases to establish whether there is a conflict of interest. The IP should first of all assess whether there are any threats to the fundamental principles of integrity,...
Do the English property and assets of a dissolved overseas company pass to the Crown as bona vacantia? When a company registered in England and Wales is dissolved, all property and rights vested in or held on trust for it (including leasehold property) will be deemed bona vacantia (meaning 鈥榦wnerless property鈥) at the date of dissolution and will vest in and belong to the Crown (or the Duchy of Lancaster or Duchy of Cornwall, as may be appropriate). The treatment of companies incorporated outside the UK (overseas companies) is dealt with in Part 34 of the Companies Act 2006 (CA 2006), which gives the Secretary of State power to make regulations to impose on overseas companies various registration, reporting and disclosure requirements. The two principal regulations dealing with overseas companies are: 鈥 the Overseas Companies Regulations 2009, SI 2009/1801 鈥 the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, SI 2009/1917, as amended by the Overseas Companies (Execution of Documents and Registration of...
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This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including the 11th edition of the King鈥檚 Bench Guide and the Court of Appeal decision in Freeman v Home Farm Ellingham Ltd (specific performance); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
This week's edition of Property Disputes weekly highlights includes: analysis of a Court of Appeal decision on the binding nature of boundary agreements, the progress of the Renters鈥 Rights Bill, analysis on the impact of the Terrorism (Protection of Premises) Act 2025 on the property industry, and High Court decisions on enforcing a loan agreement via the Contracts (Rights of Third Parties) Act 1999, the proportionality of seeking possession against a disabled tenant, and an application for a proprietary injunction. It also includes publication of the 11th Edition of the King鈥檚 Bench Guide.
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