Practice Note: Verification of documents and information—Oaths explains the use of an affidavit and its verification by oath or by affirmation. It also highlights circumstances in which statutory declarations are used in place of affidavits and who can administer oaths, affirmations, affidavits or statutory declarations. It is important to note the difference between court evidence (which requires an

Many organisations choose to set out the ethical standards they expect of their suppliers in one or more codes of conduct, rather than in a standalone clause. A simple contractual obligation can then be included in appropriate contracts incorporating the code by reference. One of the reasons for this approach is the complexity involved in explaining what, exactly, the customer

A potentially exempt transfer (PET) is a gift by an individual to another individual. A gift made in this way will be exempt from inheritance tax (IHT) so long as it was made more than seven years before the date of death of the donor. A transfer that is intended to be a PET fails where the donor does not survive more than seven years from the date of the gift, in which case the gift may be subject to an IHT liability. Taper relief may

The commentary from Ross on Recovery Of Overpayments And Underpayments sets out the principle that a tenant who has overpaid a service charge should be able to recover that overpayment. You may also find the commentary from Hill and Redman's Law of Landlord and Tenant, on Restriction on the recovery of the costs of proceedings by way of service charge provides useful background information. From a practical perspective it would appear that the seller is the relevant party for the purposes of the ongoing tribunal proceedings and in order to ensure that the seller retains the right for

We have two business-to-business documents which may be adapted for these purposes, subject to applicable consumer legislation. The following e-commerce precedent available via Lexis®Library contains a clause on subscription; see: Terms and conditions for a hub aggregator: business to business: Encyclopaedia of Forms and Precedents [2908]. We stress that these agreements are intended for business-to-business situations and not business-to-consumer. Due to the existence of consumer protection legislation,

The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) has created a new corporate offence of failure to prevent fraud. ECCTA 2023, ss 199–206 contain the provisions relating to the new offence, which aims to hold organisations to account if they profit from fraud committed by a person who is associated with the organisation. An organisation will be guilty of the offence where a specified fraud offence is committed by the associate of the organisation, with the intention to benefit (directly or indirectly) either the organisation or any person to whom, or to whose subsidiary undertaking, the associate provides services on behalf of the organisation and the organisation did not have reasonable fraud prevention procedures in place to prevent the offence being

Under the Criminal Finances Act 2017 (CFA 2017), an organisation commits an offence when the following conditions are satisfied: • criminal tax evasion by a taxpayer under existing law • criminal facilitation of that tax evasion by an associated person of organisation A who is acting in the capacity of an associated person • failure of organisation A to prevent the associated person committing the facilitation act There are two different offences which differ based on whether the tax is evaded in the UK or in a foreign country. Since the definition of a person who is acting in the capacity of a person associated with a relevant

The Precedents referred to in this Q&A may be adapted for the purpose of obligating one party to notify the other on, or in advance of, a change of control. For a clause that defines control and provides that ‘change of control’ shall be construed accordingly, see clause control definition, which is referred to in Definitions—overview.

A key consideration is whether Party C is purchasing the shares or the business of Party A. If Party C is purchasing the shares, then there would be no change in the legal entity of Party A, and the contract between Party A and Party B continues in effect despite the share transfer in Party A. However, at the time of entering into the contract, Party A and Party B may have agreed a ‘change of control clause’. Such a clause would normally provide that upon a change in control of one of the contracting parties (such as a share sale), then the other contracting party

Please see the copies below of the pre-April

• Supplier (data processor)—this covers: (a) intellectual property rights created by the processor, (b) an indemnity relating to the controller’s breach of warranties regarding its entitlement to supply the data to the processor and the processor’s entitlement to use the data in accordance with the agreement, and (c) information security requirements on the controller • Customer (data controller), and • Neutral Additionally, for some specific data controller obligations, a provision along the lines of the following might be included: [x] Obligations of the data controller [x.1] The Data Controller undertakes to provide to the Data Processor all relevant data protection notices in respect of Data Subjects from time to time prior to use of the Personal Data by the Data Processor. [x.2] In

See Schedule—Purchase Price ascertained according to residential density: Encyclopaedia of Forms and Precedents [44] which provides the following definition that you should be able to adapt for your purposes: ‘1.2 "Net Developable [Hectarage]" means the Property excluding: 1.2.1 any land which pursuant to the terms of the