The following Construction precedent provides comprehensive and up to date legal information covering:
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]
[Name of defendant or defendant’s solicitor, if known]
Dear [insert contact name]
[Insert names of parties and project, and any relevant references]
[As you are aware, we OR We] act for [client][ in respect of its claim against your client, [insert name], in relation to [brief description of dispute]]. [We refer to our previous correspondence, in particular our letter of [date], relating to this matter, to which we have had no [satisfactory ]response.]
This letter of claim is written in accordance with the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol), a copy of which is enclosed for your ease of reference. Ignoring this letter and failing to comply with the Protocol may increase your client’s liability for costs.
Pursuant to section 8 of the Protocol, you are required to acknowledge receipt of this letter of claim by [insert date 14 days from receipt], and to provide your substantive response by [insert date 28 days from receipt]. In the absence of an acknowledgement or substantive response to this letter within the time scales we have set out, our client is entitled to commence proceedings without further reference to your client, and your client’s conduct will be brought to the court’s attention on the subject of costs.
The proposed claimant is [insert name] (company number [insert]) of
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
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.
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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