Unfair contract terms

Unfair contract terms guidance:

1 Assignment—prohibited without consent 1.1 No party may assign, sub-contract or encumber any right or obligation under this agreement, in whole or in part, without the...

Precedents

1 Effective date 1.1 Effective date (specified future date, date of signature or specified previous date) This Agreement [[takes effect on [insert date] OR the date of...

Precedents

This Practice Note looks at key aspects of consumer protection within the UK financial services regulatory system. The UK’s regulatory structure, combined with...

Practice Note

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

1 Equitable relief [Each Party OR Party A] recognises that any breach or threatened breach of this Agreement may cause [the other Party OR Party B OR irreparable harm for...

Precedents

The Principles for Businesses—Principle 6 The Financial Conduct Authority's (FCA) Principles for Businesses are a general statement of the fundamental obligations of...

Practice Note

Definition—Force Majeure (short form) Force Majeure means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its...

Precedents

1 Governing law This agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation [(including non-contractual disputes or...

Precedents

1 Jurisdiction—reciprocal The parties irrevocably agree that the courts of [England and Wales OR [insert details of alternative jurisdiction]] shall have [exclusive OR...

Precedents

1 Limitation of liability clause—short form 1.1 The extent of the parties’ liability under or in connection with this Agreement (regardless of whether such liability...

Precedents

The Financial Conduct Authority (FCA) and the Competition and Markets Authority (CMA) have the power, under the Consumer Rights Act 2015 (CRA 2015) (which came into force...

Practice Note

1 Time to be of the essence of all clauses Each time, date or period referred to in this agreement (including any time, date or period varied by the parties) is of the...

Precedents

ARCHIVED: This Practice Note has been archived and is not maintained. It summarises the law, guidance and practice in relation to unfair terms in consumer contracts under...

Practice Note