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Q&As
This Q&A is limited to the instruction of a single joint expert to provide valuation evidence as to the value of a mixed use commercial property in the context of civil proceedings. We do not have a specific Precedent regarding instruction to a single joint
Q&As
In answering this Q&A, we assume this Q&A is referring to making a claim for an indemnity from an existing defendant ie an additional claim. Defence For example wording we refer you to commentary: Notice by the first defendant for a contribution or indemnity from the second defendant: Atkin’s Court Forms [20] which contains the
Q&As
For the purposes of this Q&A we have assumed that this question relates to a member as a consumer and not a business subscriber. We do not have a specific Precedent for membership terms and conditions within Lexis+® UK. However, see the following:
Q&As
The new ‘regulations’ were set out in section 13 of the Charities (Protection and Social Investment) Act 2016 (C(PSI)A 2016) amending section 59 of the Charities Act 1992 (CA 1992) and providing for the inclusion of three elements as set out in subsection (7). Annual reports must also now include certain information as is set out in the new section 162(A) of the Charities Act 2011. In respect of agreements between charities and
Q&As
A contract for the hire of a venue is a contract for the supply of services. When considering the supply of services by a business, drafters should first consider whether the customer is a business or a consumer (business to business (B2B) or business to consumer (B2C)). For information on B2B contracts for the supply of services, see: Supply of services—overview and Practice Note: Contracts for the supply of services—business to business, and for information on B2C contracts for
Q&As
The Control of Asbestos Regulations 2012, SI 2012/632 (CAR 2012) place duties on employers, and make it clear that these duties, so far as is reasonably practicable, are also owed to any other person, whether at work or not, who may be affected by the work activity undertaken by the employer. The asbestos ‘duty to manage’ obligations contained in CAR 2012, SI 2012/632, reg 4 include: • carry out a suitable and sufficient assessment as to whether asbestos containing materials (ACMs) are present. This generally means an asbestos survey • prepare and update an asbestos register, and • prepare an asbestos management plan ACMs only need to be removed or encapsulated if in a poor condition or liable to be
Q&As
We do not have any worked examples within Lexis®PSL. However, we can refer you to the following extracts from Tolley's Administration of Estates and the Encyclopaedia of Forms and Precedents, which you may find useful for your purposes: • allocation of tax between exempt and non-exempt
Q&As
This Q&A sets out the wording for rule 6.33, as amended by Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, reg 4, and the minor changes to practice direction 6A and practice direction 6B, as set out in the 107th update—Practice Direction Amendments. The changes came in force on IP completion day (31 December 2020 at 11 pm). Note that further changes to rule 6.33 are in force on 6 April 2021. For guidance, see Practice Note: Tracker—changes to Part 6 and practice directions 6A and 6B. CPR 6.33 CPR 6.33 as amended will read as follows: 6.33—Service of the claim form where the permission of the court is not required – out of the United Kingdom (1) omitted (2) The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant
Q&As
The Data sharing and transactions—overview includes the following pro-party data processing clauses which have been prepared to take into account the provisions of the General Data Protection Regulation (GDPR) as well as the existing
Q&As
It is desirable in most supply of services agreements for the parties to be clear as to the standard to which the supplier’s services must be provided. Without it there can be a mismatch in the parties’ expectations as to what ‘good enough’ looks like; the supplier may perform the services but not to the standard that the customer expects. Section 13 of the Supply of Goods and Services Act 1982 (SGSA 1982) implies a term into relevant contracts that, where the supplier is acting the course of a business, the services will be carried out with reasonable care and skill. The implied
Q&As
Liability can be excluded or limited. If a term purports to limit liability, although less likely to be unenforceable (see Ailsa Craig Fishing v Malvern Fishing, the courts are not likely to enforce a clause which leaves an aggrieved party with effectively no remedy (Kudos Catering (UK) Limited v Manchester Central Convention Complex Limited). For examples of exclusion and limitation of liability clauses and the interpretation of such clauses by the courts,
Q&As
We have a selection of content designed for reviewing commercial contracts for risk. • See Practice Notes: ◦ Reviewing commercial contracts to minimise financial difficulties ◦ Managing difficulties in commercial