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An individual may decide to carry on business in his or her personal capacity (known as a 'sole trader'). Whilst this means that the sole trader has complete control over the business and has few formalities to comply with, the disadvantage is that by acting in a personal capacity he or she will be liable for all the debts and obligations of the business. Have run a business as a sole trader for a certain period, the sole trader may decide that
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What is a registered society? See Practice Note: Co-operative and community benefit societies and Commentary: Registered societies: Halsbury's Laws of England [881]. Authority to contract As corporations are not natural persons, they must act through either a resolution of its members, by its directors or other agents. As a corporation has separate legal status, it is possible to make a distinction between instruments executed by the corporation itself (eg using its common seal where available), or on behalf of the corporation (eg by a person acting under its authority). See Practice Note: Forming enforceable contracts—authority—Corporations. Execution of simple contract By the registered society A registered society which has a common seal may execute a document by affixing its common seal to it (see option 1 below). However, the Corporate Bodies’ Contracts Act 1960 (CBCA 1960), which removed the requirement that some contracts with corporations be under seal, applies
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The following may be useful: • Precedent: Lease of a flat in a retirement housing scheme with a
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Schedule 1 of the Precedent: Infrastructure as a service (IaaS) agreement has been kept blank on the basis that many suppliers of commoditised services like infrastructure
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The Water Services Regulation Authority (Ofwat) is a regulatory body and a non-ministerial government department. It was created as a result of the privatisation of the water and sewage sectors in 1989, under the Water Act 1989. Furthermore, the Water for life white paper, published by the UK government in December 2011 included plans to introduce a new retail market for water and sewage services to allow customers to switch from their local monopoly water company to another water supplier. See also: A level playing
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Advertising In relation to the sale of perishable goods to the end consumer, see Practice Notes: • Food advertising: this Practice Note considers the law and practice of food advertising to consumers including health and nutrition claims and special issues in relation to advertising food to children including high fat, salt and sugar (HFSS) products. It covers relevant provisions from the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (UK CAP) and UK Code of Broadcast Advertising (BCAP), and various European Regulations • Advertising to children: this Practice Note summarises the key issues that arise when you are advertising to children. It covers the regulatory regime, different advertising channels and direct marketing methods, as well as particular sector considerations, such as food and drink. It also deals with in-app purchases and online behavioural advertising. Rules arise under CPUTR 2008, SI 2008/1277 and the CAP and BCAP Codes Contract In
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Unfortunately, we do not have a Precedent on the specific point raised in the above. However, we refer you to the following which you may find useful for your purposes. There are several factors to take into account when drafting a testator’s Will in circumstances where he anticipates being divorced in the near future. If the testator and his spouse entered into a pre-marital agreement (PMA, also known as a pre-nuptial agreement) or marital agreement (also known as post-nuptial agreement), then the level of provision for the testator’s spouse to be contained in the Will should be no less than that provided for on divorce in the PMA. The PMA should also be reviewed for any provision as to what should happen on the death of one of the parties. If the marriage ends by death and the provision made by the testator’s Will or
Q&As
We refer you to the wording in clause 52 of Precedent: Systems integration agreement—pro-customer, which permits the customer to bring claims on behalf of members of its group. Note that where rights are reserved
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CPR 21.10 provides that the approval of the court is required where, before proceedings are started, a claim is made by a child and a settlement is reached. For child claims, whether settled at stage 2 or proceeding to an assessment of damages at stage 3, the process is essentially the same as for any infant approval hearing. The provisions in paragraph 6.1 of Practice Direction 8B set out what must be filed with the court when an application is made to approve a settlement: ‘6.1
Q&As
For the purposes of this Q&A, we have assumed that there is no element of collusion or conspiracy between the actual supplier and the purported supplier who raised the false invoice. Recovery of money claim Unjust enrichment applies in situations where one party is enriched at the expense of another. The elements required to bring a claim for unjust enrichment are that: • the defendant has been enriched • the enrichment was at the claimant’s expense, and • the retention of the enrichment is unjust For further guidance, see Practice Notes: Unjust enrichment—elements of the claim, Restitution for wrongful acts (which includes consideration of a claim in restitution in cases of fraud and deceit), and Unjust enrichment—defences. Although
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Section 18 and Schedule 5 of the Deregulation Act 2015 (DA 2015), which came into force on 1 October 2015, made a number of changes in relation to auditors, which include provisions dealing with the notices and statements required on an auditor ceasing to hold office. These provisions have effect in relation to financial years beginning on or after 1 October 2015. For the purpose of the notices and statements required on an auditor ceasing to hold office, the DA
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We refer you to Practice Note: Lexology Panoramic: M&A Litigation which has specific content relating to France and Germany, as well as the UK (or England & Wales). You may also find it useful to refer to: