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A person who is under the age of eighteen.
A minor usually requires a litigation friend to pursue a legal action. Any settlement or award of damages made to a minor is subject to court approval.
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Ireland—Red flag fraud indicators—checklist Claimant Claimant’s history Does the claimant have a history of making personal injury claims? Nature of the injuries Are they consistent with and in proportion to the severity of the accident? High occupancy While high occupancy on its own would not indicate fraud, it could be a factor to be taken into account when there have been accusations of an induced or staged accident. No reason to stop If the defendant insists the claimant’s vehicle stopped for no reason, it could indicate an induced accident. Late reported claim While claimants usually have two years to bring a claim, if a claim is presented to an insurer over six months post-accident without any viable explanation as to why (eg the claimant has had an extended hospital admission, or their insurer had difficulty tracing the defendant’s insurer), then there is an enhanced possibility the claim is fraudulent. Phantom passengers If there are more claimants than the occupancy, as stated by the insured, this may suggest that the claimant...
UK prudential regime for banks and designated investment firms—timeline This timeline shows key developments relating to the UK prudential framework for banks and designated investment firms from January 2024 onwards. For earlier developments, see: Capital Requirements Directive IV (CRD IV) and Capital Requirements Regulation (CRR)—timeline [Archived]. 2025 Date Source Document Description 9 April 2025 PRA Significant risk transfer financing: Prudential expectations The Prudential Regulation Authority (PRA) has published a Dear CFO letter highlighting practices the PRA has observed in relation to illiquid and structured financing portfolios across regulated firms. While the principal concerns outlined in the letter are informed by supervisory information received regarding significant risk transfer (SRT) financing activities, the PRA expects firms to consider the application of the PRA’s feedback to all relevant financing portfolios. Banks engaged in these businesses should ensure that the regulatory capital approach they adopt appropriately reflects the substance of the transactions, including the liquidity of the underlying collateral. 28 March 2025 PRA FPC consultation paper: 2024 O-SII buffer framework review The Financial...
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A child is any person under the age of 18.There are important procedural issues that practitioners must consider in claims involving children. CPR 21 contain the main provisions.If a child is involved in a claim they will usually be the claimant bringing the claim but claims may occasionally be brought against children.Litigation friendsRequirement for a litigation friendIn civil proceedings a child must have a litigation friend to conduct the proceedings on their behalf (unless the court directs otherwise).The only steps that can be taken (without the court’s permission) before the child has a litigation friend are:•issuing and serving a claim form•applying for the appointment of a litigation friendUnless the court orders otherwise, a person may not, without the permission of the court, make an application against a child before proceedings have started, or take any step in proceedings except issuing and serving a claim form or applying for the appointment of a litigation friend, until a litigation friend has been appointed. This includes any application for default judgment—see Practice Notes:...
Social media and user-generated content This Practice Note examines some of the key risks associated with a brand’s usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP). It provides practical guidance on how parties engaged in such activities can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: • online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) • online blogs (eg Twitter (now X), Blogger.com) • online forums (eg Mumsnet, Reddit) • online shops and auctions (eg eBay, Amazon) • online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) • online reference texts (eg Wikipedia) • online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might...
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Explanatory note for a client's Will—to spouse on flexible life interest trust with remainder on discretionary trust STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. [Your] Will—[name of testator]—explanatory note This explanatory note explains the main provisions of your Will. Please read this explanatory note and your Will carefully....
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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Under what circumstances could a contracting authority negotiate or amend the terms of a contract tendered using the restricted procedure? What are the potential consequences of doing so? In answering this Q&A we have considered whether, prior to concluding a public contract tendered under the restricted procedure, the contract terms advertised can be negotiated with the preferred bidder and subsequently amended—and what might happen if this was to take place. We have also limited our research to procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. What happens if during the tender period one or more bidders asks for the contract terms to change? It is not uncommon, during the tender period, for a bidder to ask for a term in the draft contract to be amended. Where this happens the contracting authority must give careful consideration to whether the proposed amendment can be accepted or not. Reasons why an amendment might be required include a genuine mistake on the part of the contracting...
In the context of the Leasehold Reform, Housing and Urban Development Act 1993 and the Landlord and Tenant Act 1987, where there are two flats in a building does the definition of qualifying tenants require there to be two separate leases or can one long residential lease covering both flats suffice for the purposes of collective enfranchisement or the right of first refusal? Chapter I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows for the collective enfranchisement by qualifying tenants of flats of the premises within which their flats are contained. The process is commenced by the service of a notice (known as the initial notice) under LRHUDA 1993, s 13, whereby the qualifying tenants give notice to the relevant landlord of their claim to exercise the right to enfranchise. LRHUDA 1993, s 5 provides that a person is a qualifying tenant of a flat under a long lease. ‘Long lease’ is defined in LRHUDA 1993, s 7 as being a lease for a term...
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Local Government analysis: The Court of Appeal dismissed an appeal challenging Birmingham City Council's decision to maintain its adult social care charging policy, which required severely disabled adults to pay the maximum amount permitted by the Care Act 2014 and associated regulations. The Court held that the Council had not breached the public sector equality duty (PSED) when it decided not to amend its policy following the High Court's decision in R (SH) v Norfolk County Councilwhich had identified discrimination against severely disabled adults unable to work. The judgment clarifies who must discharge the PSED within local authority decision-making structures and is significant for financially challenged local authorities facing similar challenges to their charging policies, as well as for severely disabled adults reliant on benefits but still subject to local authority charging. Written by Stephen Cragg KC, barrister at Doughty Street Chambers.
PI & Clinical Negligence analysis: Can a motor insurer sued directly under the European Communities (Rights Against Insurers) Regulations 2002 (2002 Regulations) bring a Part 20 claim in its own name pursuant to the Civil Liability (Contribution) Act 1978? The potential additional party argued not. Written by Jamie Clarke, barrister at Crown Office Chambers.
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