The following Commercial precedent provides comprehensive and up to date legal information covering:
Assignment—prohibited without consent
No party may assign, sub-contract or encumber any right or obligation under this agreement, in whole or in part, without the other party’s prior written consent [(such consent not to be unreasonably withheld or delayed)].
Notwithstanding the provisions of clause 1.1, a party may perform any of its obligations and exercise any of its rights granted under this agreement through any Associate, provided that it gives the other party prior written notice and provides details of the relevant Associate. Each party acknowledges and agrees that any act or omission of its Associate in relation to that party’s rights or obligations under this agreement shall be deemed to be an act or omission of that party itself.
[The provisions of this clause 1 are without prejudice to the Business Contract Terms (Assignment of Receivables) Regulations 2018 (the Assignment of Receivables Regulations). Where the Assignment of Receivables Regulations apply, to the extent that any term of this agreement prohibits or imposes a condition, or other restriction, on the assignment of a receivable arising under this agreement or any other agreement between the parties, it shall have no effect. OR This agreement is a contract [for the purposes of or in
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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