Pre-action Conduct

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).

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.

A practice note on the issues to be considered when litigation is pursued on behalf of an insolvent company. It deals with the types of claim that may be available in corporate insolvency (whether administration, liquidation or receivership), the need for sanction, the claimant's potential liability for costs, funding options and settlement of claims.

A summary of the procedure for making an application for pre-action disclosure under CPR 31.16. This note covers the criteria that must be satisfied for the court to exercise its discretion to make an order for pre-action disclosure. It considers the relevant case law (including the leading case, Black v Sumitomo [2001] EWCA Civ 1819) and briefly highlights other routes for pre-action disclosure.

This note provides an overview of the pre-action protocol for possession claims based on rent arrears predominantly dealt with in the county court.

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.

This note examines the court rules and the powers of the court in relation to mediation in England and Wales. It also contains an analysis of when the court has considered it reasonable to refuse to mediate and where it has penalised parties for an unreasonable refusal to mediate.