Commentary. A copy of the standard-form ARP policy is available on the website of the SRA at xxx.xxx.xxx.xx and is also available from the SRA. Contact details appear at the end of the introductory commentary.
Commentary. A firm which has continued to practise without qualifying insurance immediately prior to closing down is required to apply for run-off cover through the ARP, but the firm and any principal of the firm may still face action for a breach of Rule
Commentary. A Run-off Firm will be eligible to be issued with an ARP Policy if it meets all of the requirements of Rule 13.4. However, each Principal of the Firm will have committed a disciplinary offence for failing to make an application to the Assigned Risks Pool for run- off cover in accordance with Rule 5.2, and the Firm and each Principal of the Firm will be required to pay the ARP Run-off Premium under any ARP Run-off Policy issued.
Commentary. If a firm is eligible to be issued with an ARP policy under Rule 13.1, or an ARP run-off policy under Rule 13.4 then, provided that it complies with the relevant requirements under Rule 13 and is issued with an ARP policy or an ARP run-off policy, the firm and the principals of that firm will be required to pay to the ARP manager only the relevant premium and the excess in the event of any claim.
Commentary. A list of all Qualifying Insurers appears on the website of the Solicitors Regulation Authority at xxx.xxx.xxx.xx, and is also available from the Solicitors Regulation Authority. Contact details appear at the end of the introductory commentary.
Commentary. The purpose of this Rule is to ensure that the time limit on participation in the Assigned Risks Pool cannot be avoided by a merger or reconstitution of that Firm. A Firm which was not previously eligible to join the Assigned Risks Pool will not necessarily become an Eligible Firm by virtue of changes in the composition of a Firm. Firms which are unsure about their eligibility following any such change should consult the Solicitors Regulation Authority. Contact details appear at the end of the introductory commentary.
Commentary. The University’s widening participation strategy has four strands. Full-time undergraduate courses are offered across a range of disciplines to students from across the UK; the population is drawn predominantly from the state school sector. The University offers postgraduate and post-experience training in full- time, part-time and distance-learning modes, with a concentration of student numbers in the last of these. Pathways have been developed for entry to postgraduate study which do not require students with business experience to have completed a first degree in the discipline, and for many students, these courses form their first experience of higher education. The University also has a long-standing history of involvement in adult education provision, and undergraduate part-time study opportunities have found a new focus through the establishment in August 2000 of the Institute of Lifelong Learning. All certificate-level provision has now been internally accredited at undergraduate first-year level, and pathways are being developed between certificates and other provision, including foundation degrees. The foundation degrees themselves constitute the fourth strand of the University’s widening participation strategy. At the time of the publication of this Plan, the University has five foundation degrees in operation and has funding for two more. The University’s developing widening participation strategies are supported by a much more pro-active approach to collaboration than was the case in the 1990s. The University seeks from its educational partners a compatibility with its general ethos, and it has been fortunate to find a number of collaborators who are sympathetic to its aims. The most significant examples of close collaboration are the ‘validation plus’ relationships established in 2003 with Xxxxxx Xxxxxxxxxxx and Xxxxxx Colleges of Higher Education, and the long-standing partnership with Wyggeston and Xxxxx Xxxxxxxxx I College through which undergraduate foundation programmes are offered (from 2005, this partnership will also support a foundation degree). The University is unfortunately prevented by external funding constraints from engaging in new activities which would lead to an increased home/EU student intake, but it will continue to forge links with schools and colleges to facilitate progression and to broaden the student profile within existing numbers (including collaborations arising from the Colleges-University of Leicester Network)....
Commentary. In respect of A, the ARP default premium is calculated for the actual period during which the firm has practised whilst uninsured. The calculation shall be undertaken on an annual basis for each indemnity period in which the firm failed to obtain qualifying insurance subject to a pro rata reduction (pursuant to Part 1 paragraph 1.7) for any part of each such indemnity period for which the firm obtained qualifying insurance. In respect of B, the ARP default premium is calculated on an annual basis for the whole of the indemnity period in which the firm ceased practise irrespective of whether the firm obtained qualifying insurance for any part of that indemnity period.
Commentary strategies. First, specific anti-abuse rules are often drafted once a particular avoidance strategy has been identified. Second, the inclusion of a specific anti-abuse provision in a treaty can weaken the case as regards the applica- tion of general anti-abuse rules or doctrines to other forms of treaty abuses. Adding specific anti-abuse rules to a tax treaty could be wrongly interpreted as suggesting that an unacceptable avoidance strategy that is similar to, but slightly different from, one dealt with by a specific anti-abuse rule included in the treaty is allowed and cannot be challenged under general anti-abuse rules. Third, in order to specifically address complex avoidance strategies, complex rules may be required. This is especially the case where these rules seek to address the issue through the application of criteria that leave little room for interpretation rather than through more flexible criteria such as the purposes of a transaction or arrangement. For these reasons, whilst the inclusion of specific anti-abuse rules in tax treaties is the most appropriate approach to deal with certain situations, it cannot, by itself, provide a com- prehensive solution to treaty abuses. General anti-abuse rules found in tax treaties
Commentary. 36. A country that does not feel confident that its domestic law and approach to the interpretation of tax treaties would allow it to adequately address improper uses of its tax treaties could, of course, consider including a general anti-abuse rule in its treaties. The guiding principle referred to above could form the basis for such a rule, which could therefore be drafted along the following lines: Benefits provided for by this Convention shall not be available where it may reasonably be considered that a main purpose for entering into transactions or arrangements has been to obtain these benefits and obtaining the benefits in these circumstances would be contrary to the object and purpose of the relevant provisions of this Convention. When considering such a provision, some countries may prefer to replace the phrase “a main purpose” by “the main purpose” to make it clear that the pro- vision should only apply to transactions that are, without any doubt, primar- ily tax-motivated. Other countries, however, may consider that, based on their experience with similar general anti-abuse rules found in domestic law, words such as “the main purpose” would impose an unrealistically high threshold that would require tax administrations to establish that obtaining tax ben- efits is objectively more important than the combination of all other alleged purposes, which would risk rendering the provision ineffective. A State that wishes to include a general anti-abuse rule in its treaties will therefore need to adapt the wording to its own circumstances, particularly as regards the approach that its courts have adopted with respect to tax avoidance.
