The following Commercial practice note provides comprehensive and up to date legal information covering:
Brexit: This Practice Note has been updated to reflect the position as of 1 January 2021. Note that retained EU law and Brexit SIs referred to in this Practice Note are not applicable nor in force until 11 pm (GMT) on 31 December 2020 (ie the end of the implementation period) and may be subject to change before this time.
This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to services, and sets out the consumer’s statutory rights under the CRA 2015 in respect of services contracts. This Practice Note considers the standards that apply to the supply of services and the consumer remedies for non-conforming services.
For a general overview of the CRA 2015, including the meaning of important terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary.
For consideration of the application of the CRA 2015 to goods, digital content and unfair terms, see Practice Notes:
Consumer Rights Act 2015—goods
Consumer Rights Act 2015—digital content
Consumer Rights Act 2015—unfair terms
Helpful guidance on the CRA 2015’s application to services has been provided by the Chartered Trading Standards Institute (CTSI Guidance) and the Department for Business, Energy & Industrial Strategy (BEIS Guidance), which may assist lawyers when advising on the CRA 2015 in the context of services contracts.
This Practice Note only addresses the rights and obligations of traders
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This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
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