GLOSSARY
Consumer definition
What does Consumer mean?
A consumer is a person acting outside the context of a trade, business or profession, but the definition takes different meanings depending on the context in which it is used and the applicable legislation.
Commercial
A consumer is a person acting outside the context of a trade, business or profession, but the definition takes different meanings depending on the context in which it is used. Therefore it is important to check the relevant law or regulation such as the Consumer Rights Act 2015 (CRA 2015), the Unfair Contract Terms Act 1977, the Sale of Goods Act 1979.
For example, under the CRA 2015, defined as an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession. Therefore, if goods are supplied only for the buyer's business purposes, the buyer is not a consumer for the purposes of the CRA 2015. A company cannot be consumer.
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Brussels I (recast)—requirements for an effective choice of court agreement (art 25)
Brussels I (recast)—requirements for an effective choice of court agreement (art 25) This Practice Note considers Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) and the requirements that need to be met to show the court there is an effective choice of court agreement between the parties. It provides background information as to the position already adopted by the European Court on such agreements and what changes have been brought into place under Regulation (EU) 1215/2012, Brussels I (recast) and what that might mean in practice. Equivalent wording to Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) was found in its predecessors being Article 17 of the Brussels Convention and Article 23 of Regulation (EC) 44/2001, Brussels I. Cases referenced in this Practice Note include those decided under the convention and regulation as they are relevant to understanding the key principles under Article 25. For general information in relation to choice of court agreements, see Practice Note: Brussels I (recast)—choice of court agreements (art 25). For guidance on the various other jurisdictional regimes that contain provisions regarding jurisdiction agreements, see Practice Notes: • Jurisdiction agreements—introduction • Hague Convention on Choice of Court Agreements—scope • Hague Convention on Choice of Court Agreements—jurisdiction • Jurisdiction agreements—approach of the courts of England and Wales Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state in
FCA consultation paper tracker—2017
FCA consultation paper tracker—2017 This tracker sets out the consultation papers published by Financial Conduct Authority (FCA) in 2017, along with the publication of any subsequent rules and guidance. For details of FCA consultation papers from other years, see: FCA consultation paper tracker. For details of Prudential Regulation Authority (PRA) and Financial Services Authority (FSA) consultation papers, see: • PRA consultation paper tracker • FSA consultation paper tracker Topic area Consultation Paper Description Publication date End of consultation period Policy Statement/ Handbook Notice Authorisation, approval and supervisionFees and leviesPayment systems and services CP17/44: PSR regulatory fees The Payment Systems Regulator (PSR) and the FCA published a consultation and decision paper setting out its policy decision on the way it will collect its regulatory fees in 2018/19 and in subsequent years, and consulting further on its proposed fees allocation method. 15 December 2017 26 January 2018 PS expected Summer 2018Handbook Notice 53 (23 March 2018)CP18/8: PSR regulatory fees (23 March 2018) Consumer credit, mortgage and home financeFCA conduct requirements CP17/43: Credit card market study: Persistent debt and earlier intervention remedies—feedback on CP17/10 and further consultation The consultation derives from the FCA findings in its July 2016 credit card market study, in which the FCA set out significant concerns about the scale, extent and nature of problem credit card debt and firms’ limited incentives to reduce this. The
FCA consultation paper tracker—2019
FCA consultation paper tracker—2019 This tracker sets out the consultation papers published by Financial Conduct Authority (FCA) in 2019, along with the publication of any subsequent rules and guidance. For details of FCA consultation papers from other years, see: FCA consultation paper tracker. For details of Prudential Regulation Authority (PRA) and Financial Services Authority (FSA) consultation papers, see: • PRA consultation paper tracker • FSA consultation paper tracker Topic area Consultation Paper Description Publication date End of consultation period Policy Statement/Handbook Notice Conduct requirementsBrexitAuthorisation, approval and supervisionEnforcement and redresss CP19/33: Quarterly Consultation No 26 The Financial Conduct Authority (FCA) has published Quarterly Consultation Paper No 26 (CP19/23), in which it consults on proposed miscellaneous amendments to the FCA Handbook. 6 December 2019 6 January 2020 for chapters 3, 7 and 86 February 2020 for chapters 2, 4, 5 and 6 Handbook Notice 73 (31 January 2020)Handbook Notice 75 (27 March 2020)Handbook Notice 76 (1 May 2020) Risk management and controls CP19/32: Building operational resilience: impact tolerances for important business services The Bank of England (BoE), the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) have published a shared policy summary and co-ordinated consultation papers (CPs) on new requirements to strengthen operational resilience in the financial services sector. The PRA has also published a related CP on outsourcing and third-party risk management. The CPs (FCA’s CP, PRA’s CP
Payment Accounts Directive—timeline
The Payment Accounts Directive (Directive 2014/92/EU) (PAD) is intended to enhance transparency and comparability for consumers in respect of payment accounts. In particular, the PAD: • makes it easier for consumers to compare fees charged by banks and other service providers across the EU • facilitates consumer switching of payment accounts, and • entitles all EU consumers to open a payment account that enables them to perform essential functions such as receiving their salary and paying bills The PAD has its origins in the European Commission's consultation on retail bank accounts, opened in March 2012, which assessed the need for action in the areas of transparency and comparability of fees, account switching and access to basic payment accounts. This followed a retail banking sector inquiry in 2007 which had identified these factors as obstacles to consumer choice and mobility. Member States' subsequent attempts to tackle the problems at a national level had led to a lack of uniformity across the EU to the detriment of the single market. The consultation suggested some consumer appetite for legislation at the EU-level while the industry generally was less persuaded of the need for new EU legislation. The PAD, which clearly targets the problems identified in the consultation, was published in the Official Journal of the EU on 28 August 2014, and entered into force on 17 September 2014. Member
Real estate—United Kingdom - England & Wales—Q&A guide
Real estate—United Kingdom - England & Wales—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to real estate in United Kingdom - England & Wales published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Fried Frank Harris Shriver & Jacobson LLP—Patrick Williams; Jons F. Lehmann; Devina Rana 1. How would you explain your jurisdiction’s legal system to an investor? England and Wales have a common law legal system. Investing in England and Wales is highly favoured given its system of compulsory land registration and just legal system. The laws governing real estate are predominantly statute based, and these are constantly developed through case law. International law is relevant to a limited extent (eg, matters concerning merger control are dealt with by international treaties that the United Kingdom is a part of). It is unclear how Brexit will impact this. In England and Wales, land contracts need to be in writing, to incorporate all relevant terms of sale, and to be signed by both seller and buyer. Oral contracts for the sale of land are usually unenforceable. Contracts for land are 'exchanged', with the legal transfer of ownership taking place on completion of either a deed of transfer or grant of a lease. 2. Does your jurisdiction have a system for registration or recording of ownership, leasehold and security interests in real
Telecoms and media—Nigeria—Q&A guide
Telecoms and media—Nigeria—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to telecoms and media in Nigeria published as part of the Lexology Getting the Deal Through series by Law Business Research (published: July 2021). Authors: Streamsowers & Köhn—Chukwuyere E Izuogu; Otome Okolo; Tamuno Atekebo 1. Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services? Nigeria's communications sector is primarily regulated by the Nigerian Communications Act (NCA) and the Wireless Telegraphy Act (WTA). The NCA established the Nigerian Communications Commission (NCC), which is charged with the responsibility of regulating the communications sector. The Minister of Communications and Digital Economy (the Minister) under the NCA is vested with the responsibilities of the formulation, determination and monitoring of the general policy for the communications sector in Nigeria to ensure, among other things: • the utilisation of the sector as a platform for the economic and social development of Nigeria; • the negotiation and execution of international communications treaties and agreements, on behalf of Nigeria, between sovereign countries and international organisations and bodies; and • the representation of Nigeria, in conjunction with the NCC, at proceedings of international organisations and on matters relating to communications. Under the NCA, the NCC is authorised to make and publish regulations and guidelines insofar as it is necessary to give effect to the full provisions of the NCA, among other
Class actions—Israel—Q&A guide [Archived]
Class actions—Israel—Q&A guide [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note contains a jurisdiction-specific Q&A guide to class actions in Israel published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2020). Authors: Erdinast, Ben Nathan, Toledano & Co—Hadas Bekel; Naama Ehrlich; Ran Sprinzak; Tomer Weissman 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? Class action claims and motions to certify a personal claim as a class action are brought before the regular civil courts (apart from certain exceptions, such as claims based on labour laws or related to securities or filed against public authorities). The jurisdiction of the court is determined according to the general rules of subject-matter and territorial jurisdiction. In class actions seeking monetary compensation, jurisdiction is acquired according to the total amount claimed on behalf of all class members (article 5(B) of the Class Actions Law 2006 (the CA Law)). The lower legal instance in Israel, the magistrates court, acquires jurisdiction when the amount claimed is less than 2.5 million Israeli shekels. When the amount claimed is above 2.5 million Israeli shekels, jurisdiction is acquired by the district courts (articles 51(A)(2) and 40(1) of the Courts Law (Consolidated Text) 1984). A class action or
Drafting the particulars of claim
Drafting the particulars of claim This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below. This Practice Note provides guidance on drafting the particulars of claim. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and electronic filing of statements of case. Particulars of claim—part of claim form or separate document? The particulars of claim can be included in the claim form or attached to the claim form as a separate document (CPR 7.4). If the particulars of claim are in a separate document they must either be served with the claim form, or within 14 days after service of the claim form; in any event, they must be served no later than the latest date for service of the claim form (CPR 7.4). In addition, the claim form must state that the particulars of claim will follow (CPR 16.2(2)). Particulars of claim served separately to the claim form must include the name of the court in which the claim is proceeding, the claim number, the title of the proceedings and the claimant’s address for service (CPR
Misrepresentation—rescission as a remedy
Misrepresentation—rescission as a remedy This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when rescission is not permissible. For guidance on when a party may recover damages for a misrepresentation or seek to limit/exclude liability for misrepresentation, see Practice Notes: • Misrepresentation—damages as a remedy • Misrepresentations—excluding and limiting liability for them The remedy of rescission in misrepresentation claims A party who was induced to enter into a contract by a misrepresentation may elect to rescind the contract. If the rescission is challenged, that party may seek the assistance of the court to give effect to the rescission. The effect of rescission, where available, is to put the parties back in the position they were in before the contract was made. It is sometimes referred to as rescission ab initio to distinguish it from termination or cancellation that does not nullify the contract, but brings it to an end. Rescission is available as a remedy whether the misrepresentation was fraudulent, negligent or innocent, provided the statement made induced the representee to enter into the contract and it was false. It is an equitable remedy granted in the court’s discretion. Importantly, the representee is not required to show that they suffered any loss. Once the representee has become aware of the false statement that induced them to enter into
Singapore Convention on Mediation
Singapore Convention on Mediation What is the Singapore Convention? The United Nations Convention on International Settlement Agreements Resulting from Mediation was signed in Singapore on 7 August 2019, and is known as the Singapore Convention. The primary goals of the Singapore Convention are to facilitate international trade and promote the use of mediation for the resolution of cross-border commercial disputes (UNCITRAL accession kit). The intention is to have a uniform and efficient framework for the enforcement of international settlement agreements resulting from mediation and for allowing parties to invoke such agreements, akin to the framework that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) provides for arbitral awards (UNCITRAL accession kit). The structure of the Singapore Convention is modelled on the structure of the New York Convention. When does the Singapore Convention come into force? The Singapore Convention came into force on Saturday, 12 September 2020 six months after the deposit at the United Nations of the third instrument of ratification, acceptance, approval or accession as per Article 14—the third ratification being on 12 March 2020. For information, see: Singapore Mediation Convention in force from 12 September 2020—LNB News 19/03/2020 14. The convention is in force for Belarus, Ecuador, Fiji, Honduras, Qatar, Saudi Arabia and Singapore. This information is available on: UNCITRAL status page for the Singapore Convention Signatories On 7 August 2019, 46 countries signed the Singapore
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Systems integration agreement—pro-supplier
Systems integration agreement—pro-supplier This AgrEement is made on [date] Parties 1 [insert name of supplier], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [insert name of customer], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer wishes to procure software, [hardware], software configuration and development services, installation services and other related services. (B) The Customer has agreed to procure the Services from the Supplier and the Supplier has agreed to provide the Services to the Customer on the terms and conditions of this Agreement. The parties agree as follows: 1 Definitions and Interpretation 1.1 In this Agreement the following terms have the following meanings: Acceptance • means that: (a) the Customer confirms in writing that the Software has passed or is deemed to have passed the relevant Software Acceptance Tests; and/or (b) the Supplier confirms in writing that the Supplied Hardware has passed or is deemed to have passed the relevant Hardware Acceptance Tests, as the context so requires, and Accept shall be construed accordingly; Acceptance Criteria • means the criteria to be satisfied to demonstrate that: (a) the Software Acceptance Tests have been successfully completed as determined pursuant to
Representations and events of default plug-in clauses for loan agreements and security documentation: individual borrower or chargor
Representations and events of default plug-in clauses for loan agreements and security documentation: individual borrower or chargor DEFINITIONS The following definition needs to be added to Clause 1.1 (Definitions) of Precedent: Facility agreement (term loan): single company borrower—bilateral—with or without security or a guarantee. Mental Incapacity • means in relation to a person: (a) any unsoundness of mind—they are unable to make a decision for themselves in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain whether the impairment or disturbance is permanent or temporary; (b) any order being made or receiver appointed under the Mental Health Act 1983, the Mental Health Act 2007 or any analogous step or procedure being taken in any other jurisdiction; or (c) any step or procedure being taken in any jurisdiction which would restrict the capacity of the Borrower to enter into [this Agreement OR the Finance Documents to which they are a party] or would require the approval of any third party or authority; CLAUSES The following clauses need to be inserted or amended in Precedent: Facility agreement (term loan): single company borrower—bilateral—with or without security or a guarantee. The other clauses may need to be renumbered accordingly. 1 Representations and warranties 1.1 The Borrower makes the following representations and warranties to and for the benefit of the Lender on the date of this Agreement and acknowledges
Online consumer terms for the supply of goods, services and digital content—short-form
Online consumer terms for the supply of goods, services and digital content—short-form These terms apply to any purchases you make on our website. Please read them carefully before you place any orders on our website, as they set out important information about your and our rights and obligations. You must agree to these terms before you place your order. You must be at least 18 years old and a resident of the UK to place an order on our website. [ Your attention is particularly drawn to clause 22 (Our responsibility to you) of these terms, which sets out important limits and exclusions of our liability to you. ] 1 About us We are [insert trader’s full legal name][ (trading as [insert trading name])], a company registered in England and Wales under company number: [insert details]. Our registered office is at: [insert details]. Our VAT number is: [insert details]. 2 How to contact us You can contact us by sending an email to [insert email address] or calling us on [insert phone number]. 3 These terms 3.1 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to [insert trader’s name], and any reference to ‘you’ or ‘your’ is to the person placing an order on our website. 3.2 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you
Agile software development agreement
Agile software development agreement This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer [insert information about the business of the Customer] wishes to [insert objectives of the project]. (B) The Supplier is a provider of [insert business of the Supplier] and has experience in [insert services being procured]. (C) The parties have agreed to contract with each other in accordance with the terms and conditions set out below. THE PARTIES AGREE: 1 Definitions 1.1 In this Agreement: Acceptance Criteria • in respect of an Iteration means criteria formulated by the Development Team that determine whether Software developed in respect of that Iteration is of satisfactory quality and, in respect of a Release, whether the Features are of satisfactory quality, in each case as approved by the relevant Product Owner; Acceptance Testing • means the testing of any Deliverables for conformance with the relevant Acceptance Criteria; Actual Cost • has the meaning given in paragraph 2.4.2 of Schedule 3; Adjustment Ratio • has the
Mobile application development agreement—pro-customer
Mobile application development agreement—pro-customer This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (Supplier); and 2 [insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [an experienced developer of mobile applications and] [insert the Supplier’s background details and the background to the relevant transaction]. (B) The Customer is [insert the Customer’s background details]. (C) The Supplier wishes to develop the Mobile App (as defined below) and the Customer wishes to engage the Supplier to develop the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Words shall have the meanings given to them in this Agreement, including without limitation as set out below: Acceptance • means the successful completion of all Acceptance Criteria for all Acceptance Tests; Acceptance Criteria • means, in relation to an Acceptance Test, the criteria which must be met for that Acceptance Test to be successfully completed as set out in Schedule 9; Acceptance Tests • means the mutually agreed tests in accordance
Plot sale agreement—freehold
Plot sale agreement—freehold date [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales with registration number [number] whose registered office is at] [address] (Seller) 2 [name of (first) Buyer] [and [name of second Buyer] each] [of OR incorporated in England and Wales with registration number [number] whose registered office is at] [address] (Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion • the date on which the transfer of the Property to the Buyer is actually completed, and references in the Standard Conditions to 'actual completion' must be read accordingly; Buyer’s Solicitors • [name] of [address] (reference [details]); [Charge[s] • the charge[s] appearing at [entry OR entries] [number] [and [number]] in the charges register of title number [number] at [date and time of official copy entries];] Competent Authority • any local authority, government department, other body exercising powers under statute or by Royal Charter, or utility service or supply company; Completion Date • [10] working days from (but excluding) the date on which the Seller [or the Seller’s Solicitors] serve[s] the Completion Notice on the Buyer; Completion Monies • The Price: (a) less the Initial Deposit[, OR and] the Deposit [and the Incentive] [; but] (b) [plus the Contents Price;] Completion Notice • the notice informing the Buyer of Practical Completion; Consents • [planning permission and] all [other] approvals, consents, permissions and licences of any local or other Competent Authority that may from time to time be necessary to
Website terms and conditions of use
Website terms and conditions of use 1 About our terms 1.1 These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between [insert name of website operator] (we, us or our) and you, the person accessing or using the Site (you or your). 1.2 You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately. 1.3 [The Site is provided by us to you free of charge for information[ or entertainment] purposes only. OR These Terms apply to any parts of the Site, its functionality and content provided to you free of charge for information[ or entertainment] purposes only.] 1.4 If you order any goods, services or digital content from the Site[ or if you buy a subscription or membership to access restricted parts of the Site], separate terms and conditions will apply[ as set out here [insert relevant details eg relevant T&Cs hyperlink]]. 1.5 [If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.] 2 About us 2.1 We are [insert name of website operator][ (trading as [insert trading name])], a company
Particulars of claim for defective hip replacement
claim'>Particulars of claim for defective hip replacement Claim No: [Insert] In the High Court of Justice Queen’s Bench Division Between [insert name] Claimants and [insert name] Defendant and __________________________________ PARTICULARS OF CLAIM ___________________________________ 1 The Defendant is a manufacturer of medical devices including prosthetic hip implants. 2 The Claimant was fitted with DEFG prosthetic total hip replacement implants (the Implants) to his [left side OR right side] on [insert date] at the [insert] Hospital. In [insert date] the Claimant underwent an x-ray, followed by blood tests which revealed elevated metal ions, and he was advised to undergo revision surgery, undertaken at [insert] on [insert date]. 3 The DEFG System comprised an acetabular implant, a femoral implant and a taper sleeve, each manufactured by the Defendant. The DEFG System was a metal on metal system meaning that all of the components and, in particular, the stem and acetabular cup were both made of metal components. 4 The Implants were designed, manufactured and supplied by the Defendant to another (for the purposes of sections 3(2)(c), 4(1)(b) and 4(2)(a) of the Consumer Protection Act 1987 (CPA)) on dates at present unknown but believed to have been in or around [insert month and year]. 5 In or around [insert date] the Defendant recalled the products from the market and issued an urgent field safety notice dated [insert date]. 6 The DEFG range of products has a revision rate of 32%
‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer
‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY This is a legally binding agreement (‘Agreement’) between you (‘User’ or ‘you’) and [NAME OF SUPPLIER] whose registered address is [ADDRESS OF SUPPLIER] (‘Supplier’, ‘us’ or ‘we’). Under this Agreement, we are providing you with [NAME OF SOFTWARE AND VERSION] with all the content, material or services accessible within the Software and all updates and upgrades to the Software (unless we ask for a separate agreement to be entered into for such updates and upgrades) (‘Software’) and all associated documentation and support resources (‘Documentation’). This Agreement is not for the sale of the Software to you but to grant you a licence which allows you to use the Software and Documentation on the terms and conditions set out below. This means that you do not own the Software and are only allowed to use the Software in accordance with this Agreement. We remain the sole and beneficial owners of the Software and the Documentation at all times. TO OPERATE THIS SOFTWARE REQUIRES THE FOLLOWING TECHNICAL SPECIFICATIONS: Device compatibility [Insert minimum device level] Operating system [Insert minimum operating system, including type and version] Space [Insert minimum storage required] Other [Insert any other technical requirements] the ‘Technical Specifications’ You must be at least [13] years old and resident in the UK to use the Software. PLEASE READ THE TERMS
Preferred supplier agreement (goods)—pro-customer
Preferred supplier agreement (goods)—pro-customer STOP PRESS: The Retained Vertical Agreements Block Exemption, Retained Regulation (EU) No 330/2010 (UK VBER) expires on 31 May 2022. On 9 May 2022, the UK Government laid before Parliament The Competition Act 1998 (Vertical Agreements Block Exemption) Order 2022 (UK VABEO). The UK VABEO will replace the UK Retained VBER on 1 June 2022. See Practice Note: UK block exemptions revision—tracker. The EU Vertical Restraints Block Exemption, Regulation (EU) No 330/2010 (outgoing EU VBER) expires on 31 May 2022. On 10 May 2022, the European Commission adopted the EU Vertical Restraints Block Exemption, Regulation (EU) No [ref]/2022 (new EU VBER) and Vertical Guidelines that will replace the outgoing EU VBER on 1 June 2022. See Practice Note: EU block exemptions revision—tracker. This Precedent reflects the requirements of the outgoing block exemptions until 31 May 2022. It is under review and will be updated to reflect the requirements of the new block exemptions in due course. This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer), each of the Supplier and the
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Do you include the VAT element in a debt claim when issuing the letter of claim and claim form?
Do you include the VAT element in a debt claim when issuing the letter of claim and claim form? This Q&A considers the scenario where A has a claim against B which is a debt claim for the payment for good/services supplied by A to B and where those goods/services attract VAT: • should A include the VAT in their letter of claim and/or claim form when seeking payment of the debt from B? • does it make any difference to the above if only either A or B is VAT registered (as opposed to both being VAT registered)? • if the VAT element should be claimed, should the ‘statement of value’ required in the claim form be expressed net or inclusive of VAT (bearing in mind that this will affect the issue fee payable)? • is the position different if the claim is for damages, rather than a debt? See: VAT basic principles—overview for general information on the function and operation of VAT. Where the claimant is a creditor and
What are the implications for an insured who participates in clinical trials but fails to notify his insurers of any existing health conditions or potential changes to his health which he discovers as a result?
What are the implications for an insured who participates in clinical trials but fails to notify his insurers of any existing health conditions or potential changes to his health which he discovers as a result? The following questions potentially arise: • has there been an increase in risk which the insured is obliged to disclose during the currency of the policy? • must the information be disclosed at renewal? • does it attract the operation of an exclusion for pre-existing conditions? • has there been any non-disclosure or misrepresentation? The insured’s state of health may be relevant to a wide variety of insurance policies, including long-term policies (eg life assurance, income protection or critical illness) and short-term policies (eg private medical, accident, or travel insurance). Some policies may be fully underwritten at the outset by means of a detailed proposal form. Others may only require minimal disclosure at inception but exclude cover for pre-existing medical conditions and/or require notification of changes in the insured’s health. It is therefore difficult to articulate general rules which are universally applicable and the detailed terms of cover must be checked carefully in every case. Obligation to disclose during currency of policy In most long-term contracts, the policy is fully underwritten at the outset and the insurer has the opportunity to conduct a full investigation of the insured’s health for itself. In agreeing to provide cover, it assumes
Is a judgment creditor who fails to serve the specified form of notice under section 130A of the Consumer Credit Act 1974 prevented from claiming interest at all or could they be entitled to statutory interest under the County Courts Act 1984?
Is a judgment creditor who fails to serve the specified form of notice under section 130A of the Consumer Credit Act 1974 prevented from claiming interest at all or could they be entitled to statutory interest under the County Courts Act 1984? Section 130A of the Consumer Credit Act 1974 (CCA 1974) applies to all regulated agreements except non-commercial and small agreements (CCA 1974, s 130A(8)). Under the procedure provided by CCA 1974, s 130A, where the claimant wants to be able to recover from the debtor or hirer post-judgment
Where a loan has matured, is a history of the mortgage account required when issuing a possession claim based on mortgage arrears?
Where a loan has matured, is a history of the mortgage account required when issuing a possession claim based on mortgage arrears? CPR PD 55A sets out information relating to how possession claims must be brought and conducted. It includes specific information relating to possession claims involving a mortgage. CPR PD 55A, para 2.1(4) provides that the particulars of claim must ‘give full details about any mortgage or tenancy agreement’. CPR PD 55A, para 2.5 sets out in detail what information must be included in the particulars of claim in a possession claim brought by a mortgagee. By virtue of CPR PD 55A, para 2.5(2), this information includes: ‘the state of the mortgage account by including: (a) the amount of: (i) the advance (ii) any periodic repayment, and (iii) any payment of interest required to be made (b) the amount which would have to be paid (after taking into account any adjustment for early settlement) in order to redeem the mortgage at a stated date not more than 14 days after the claim started specifying the amount of solicitor's costs and administration charges which would be payable (c) if the loan which is secured by the mortgage is a regulated consumer credit agreement, the total amount outstanding under the terms of the mortgage, and (d) the rate of interest payable: (i) at the
What are the model icons?
What are the model icons? What are the model icons? The icons are a ‘voluntary tool’ that are designed to make it easier for traders to comply with the information requirements set out in Directive 2011/83/EU, the Consumer Rights Directive, and thus the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) which implement the Consumer Rights Directive. Examples of the icons and how to use them are set out in Annex 1 of the Guidance published in June 2014 by the Directorate-General for Justice on the Consumer Rights Directive. The icons flag up key information for consumers on the following matters (with examples in brackets): • the service provider, eg trader name • the functionality of the digital product, eg hardware and software (eg ‘no specific hardware necessary, any music player with MP3 support’) • the interoperability of the digital product—ie: ◦ language (eg English) ◦ duration (eg 3.30 minutes) ◦ file type (eg .EXE) ◦ size (eg 3MB) ◦ access type (eg download) ◦ access conditions (eg ‘can be downloaded on up to five devices registered by this user within six months’) ◦ Internet connection (eg ‘need for downloading relevant information and updates’) ◦ geographical restrictions (eg ‘access to the content
What key legislation applies to consumer contracts?
What key legislation applies to consumer contracts? The following key legislation should be considered when traders are dealing with a consumer: • Consumer Rights Act 2015 (CRA 2015) • Alternative Dispute Resolution for Consumer Disputes (Competent Authorities) Regulations 2015, SI 2015/542 • Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 • Consumer Protection (Amendment) Regulations 2014, SI 2014/870 • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 • Consumer Rights (Payment Surcharges) Regulations 2012, SI 2012/3110 • Payment Services Regulations 2017, SI 2017/752 • Consumer Protection Act 1987 (CPA 1987) Legislation Date of application Description Consumer Rights Act 2015 The CRA 2015 took effect as of 1 October 2015, under the Consumer Rights Act 2015 (Commencement No 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015. The CRA 2015 covers consumer rights and remedies for the sale of goods, supply of digital goods, and supply of services, as well as regulating the law on unfair terms in consumer contracts. In addition, it included changes to the enforcement of consumer law, civil remedies and collective actions as well as including provisions on letting agents and about secondary ticketing.For further information, see Practice Note: Consumer Rights Act 2015—summary. Alternative Dispute Resolution for Consumer Disputes (Competent Authorities) Regulations 2015, SI 2015/542 These came into force:• parts 1–3 on 7 April 2015 • parts 4–5 on 1 October
If a Consumer Credit Act 1974 (CCA 1974) secured loan is modified post 31 October 2004, will it become a regulated mortgage contract? Will the original CCA 1974 agreement be of any effect?
If a Consumer Credit Act 1974 (CCA 1974) secured loan is modified post 31 October 2004, will it become a regulated mortgage contract? Will the original CCA 1974 agreement be of any effect? The changes to the consumer credit framework The position with secured lending has been significantly complicated by the UK’s implementation of Directive 2014/17/EU, the EU Mortgage Credit Directive (MCD), on 21 March 2016. Before the MCD was implemented, the UK broadly had two regimes: a regulated mortgage contract regime and a regulated credit agreement regime. The regulated mortgage contract regime was (in broad terms) limited to lending secured on the borrower’s home by a first legal charge. The two regimes were, and are, mutually exclusive. But to implement the MCD, HM Treasury made the Mortgage Credit Directive Order 2015 (MCDO 2015), SI 2015/910, and made changes to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (RAO 2001), SI 2001/544. MCDO 2015, SI 2015/910 effectively transferred the majority of regulated credit agreements secured on land (so long as they fell into the definition of a ‘consumer credit back book mortgage contract’ in MCDO 2015, SI 2015/910, art 2(1)) into the Mortgages and Home Finance: Conduct of Business Sourcebook (MCOB). Changes to consumer credit back book mortgage contracts since 21 March 2016 If a regulated credit agreement secured on land is a consumer credit back
Should we serve notice of cancellation rights where (i) we agree a retainer face to face with the client at our office and (ii) following the meeting, we send a detailed client care letter and terms of business for the client to sign?
Should we serve notice of cancellation rights where (i) we agree a retainer face to face with the client at our office and (ii) following the meeting, we send a detailed client care letter and terms of business for the client to sign? To be caught by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (the Consumer Contracts Regulations 2013), the arrangement must meet the definition of a distance or off-premises contract. Is this an off-premises contract? This arrangement does not appear to satisfy the definition of 'off-premises contract' for which there are four alternatives: Definition Example (a) Contract concluded somewhere other than at your business premises in the simultaneous physical presence of you and the client Retainer concluded:• at the client's home, place of work or a hospital • at a neutral venue, eg a hotel meeting room or café Note the requirement for the simultaneous physical presence of you and the client. (b) Contract for which an offer was made by the client in your physical presence in a place somewhere other than at your business premises It is difficult to apply this definition to a retainer with a consumer client.It is conceivable that a sophisticated commercial client may make an offer to you, but this is unlikely for a consumer client. (c) Contract concluded:
Would an agreement between two individuals acting in their capacity as consumers ever constitute a regulated credit agreement?
Would an agreement between two individuals acting in their capacity as consumers ever constitute a regulated credit agreement? The regulation of consumer credit The regulation of consumer credit sits with the Financial Conduct Authority. Parts of the Consumer Credit Act 1974 (CCA 1974) were repealed from 1 April 2014, with regulated activities coming under the Financial Services and Markets Act 2000 and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO 2001). Regulated activities and consumer credit agreements Entering into a regulated credit agreement as a lender is a specified (regulated) kind of activity unless it is an exempt agreement under RAO 2001, SI 2001/544, Arts 60C–60H. Information on regulated activities and agreements can be found in Practice Notes: Regulated activities relating to consumer credit and What is credit and what is a regulated consumer credit agreement? (RAO 2001, SI 2001/544, Arts 60C–60H). Exempt agreements under the RAO RAO 2001, SI 2001/544, Art 60 provides a number of
Section 86B(5)(b) of the Consumer Credit Act 1974 defines arrears as including when any 'default sum, which has ever become payable under the agreement in connection with (the customer’s) failure to pay any sum under the agreement when required, is still owing'. This seems to suggest that if a default sum has been added to the account and the customer has not paid this, then the lender should keep sending notices of arrears. Is this the case even if a time has not been set for payment (ie the customer is able to pay the default sum as part of their last payment)? Is it also the case if the monthly payment is recalculated so that part of the monthly payment is going towards repaying the default sum?
Section 86B(5)(b) of the Consumer Credit Act 1974 defines arrears as including when any 'default sum, which has ever become payable under the agreement in connection with (the customer’s) failure to pay any sum under the agreement when required, is still owing'. This seems to suggest that if a default sum has been added to the account and the customer has not paid this, then the lender should keep sending notices of arrears. Is this the case even if a time has not been set for payment (ie the customer is able to pay the default sum as part of their last payment)? Is it also the case if the monthly payment is recalculated so that part of the monthly payment is going towards repaying the default sum? The provisions relating to notices of sums in arrear (NOSIAs) are set out in sections 86B–86D of the Consumer Credit Act 1974 (CCA 1974). CCA 1974, s 86B covers NOSIAs under fixed-sum credit agreements and CCA 1974, s 86C covers NOSIAs under running-account credit agreements. CCA 1974 requires a NOSIA to be sent to customers where one is triggered. The triggers rely on the word 'payments'. This word is defined as payments made at 'pre-determined intervals provided for under the terms of the agreement' (see: CCA 1974, s 86B(13)(a) for fixed-sum credit agreements and CCA 1974, s
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TMT weekly highlights—30 June 2022
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Commercial weekly highlights—30 June 2022
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Personal Finance Society urges FCA to rethink British Steel redress plan
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EU Law weekly highlights—30 June 2022
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UK urged to amend draft online safety rules to combat insurance fraud
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