Refine By
Clear all filter
About 7129 results for "contract"
PRACTICE NOTES
Introduction This Practice Note addresses frequently asked questions concerning pricing information, compulsory charges, price changes, pricing errors, payment surcharges and refunds in business-to-consumer contracts. The principal legal framework includes the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013), the Consumer Rights Act 2015 (CRA 2015) and the Consumer Rights (Payment Surcharges) Regulations 2012, SI 2012/3110 (Payment Surcharges Regulations 2012). The applicable rules depend on the nature of the contract, the sales channel, the reason for the refund and whether the consumer purchased goods, services or digital content. For further information, see Practice Notes: • Consumer protection from unfair trading under the Digital Markets, Competition and Consumers Act 2024 • Promotional marketing and price claims • Distance, doorstep and on-premises sales • Consumer remedies and redress • Consumer Rights Act 2015—unfair terms • Payment surcharges This Practice Note addresses the following frequently asked questions: • What pricing information must a trader give a consumer before the consumer enters into a contract? • Can
CHECKLISTS
This Checklist is designed to help a business decide whether it should be using its standard form terms and conditions for a particular transaction, or whether it is more appropriate to use a bespoke contract. The Checklist is designed to be attached to the front of the business’ standard terms document as a prompt to consider the issues before they are selected for use. It is appropriate for business-to-business (B2B) transactions only. Standard form terms and conditions should be used to make a business more efficient, but they are not appropriate for all contracts. It is important that a business knows when to
PRECEDENTS
[Type on employer's letterhead] Without prejudice & subject to contract Strictly private & confidential [Insert name and address of employee] [Insert date] Dear [insert name of employee] Re: [insert name of employer] (the Company) Enclosed with this letter is a draft settlement agreement containing the Company's proposals, made on a without prejudice basis, for [resolving its dispute with you OR terminating your employment] [ and generally settling all or any claims [arising in connection with your employment, or its termination, ]which you have or may in the future have against the Company[ and against any people or companies associated with it] ].[ This means
PRACTICE NOTES
This Practice Note examines the rules which determine the priority of competing security interests where the holders of those interests have not specifically agreed an order of priority among themselves by contract. This Practice Note covers priority rules where security is granted by a company. It does not cover security granted by individuals. Priority between security interests In addition to ensuring its security has been validity created and perfected, a secured party will want to ensure its security ranks as it expects against any other competing interests in the secured property. Disputes as to priority arise less commonly than might be expected due to the use of deeds of priority and intercreditor agreements. However, these are only of use if the creditors are aware of each other’s security interests and agree on whose interest should take priority. Where there is no contractual agreement, the general law as to priority will apply. It is important to note that Irish law priority rules are complex and are generally accepted to not be entirely
Q&As
Guaranteed rent The usual meaning of a rental guarantee in a residential property context is that a seller/developer of a property will guarantee to the buyer a certain rental income on the property for a specific period of time. The buyer/property owner then leases back the property to the developer who then sublets the property to a third party. The developer then pays the property owner the guaranteed sum each month and keeps the commission or the profit made on subletting (if any). Practice Note: Rent guarantees and Precedent: Rental guarantee schedule, whilst drafted from a commercial perspective, give further detail on the concept and pros and cons of using a rental guarantee. The terms of the rent guarantee
NEWS
Public Law analysis: The Technology and Construction Court (TCC) has set out guidance on the circumstances in which an ‘interested party’ will be sufficiently party to litigation so as to fall under CPR 31.6 (standard disclosure) and CPR 31.12 (specific disclosure) obligations. The court did so in considering two applications (one against an interested party, and one against a non-party) for disclosure and production of certain documents. The TCC held that an ‘interested party’ may be treated as ‘party’ for the purposes of CPR 31.12 where its involvement in proceedings is sufficient, and in so doing granted specific disclosure in favour of the applicants (ie the claimants in the main dispute). The TCC, however, dismissed the application against the non-party, applying the principles of CPR 31.17(3) strictly. Written by William Moody, barrister at Henderson Chambers.
NEWS
Dispute Resolution analysis: Unnamed investors sought disclosure from HSBC in order to ‘assist in the formulation and assessment of the proposed claim’. The court held that the application was a ‘fishing expedition’ and would not even have been justifiable on standard disclosure. It would have fallen within model E of the disclosure pilot which is only to be ordered in exceptional cases. The fact that it was not clear who the claimants were was unsatisfactory and was a relevant factor in assessing whether this was an appropriate case for Norwich Pharmacal relief to be ordered in the interests of justice. Written by Natalie Todd, partner, at PCB Litigation LLP.
NEWS
Dispute Resolution analysis: Can a gambler cheat without being dishonest? Siward Atkins, of Maitland Chambers, explores the Supreme Court’s answer in Ivey v Genting Casinos and considers the importance of its abolition of the Ghosh test for dishonesty.
Q&As
The general rule is that contractual obligations that a person enters into will subsist after their death, although this will depend on the specific terms of the contract. Where the contract is of a personal nature, such as a contract
NEWS
Commercial analysis: In today’s hyperconnected world, cyber risk is no longer a peripheral concern—it’s a central business issue for the vast majority of businesses. In 2024, 75% of software supply chains experienced attacks, with global economic losses projected to soar to £108bn by 2031. As cyber threats become more sophisticated and supply chain vulnerabilities grow, legal teams are playing a critical role in shaping organisational resilience. Adapting supply chain contracts to reflect the growing complexity and severity of cyber threats is one area where legal teams can protect their organisation. In this article Jocelyn S Paulley, partner at Gowling WLG, highlights practical ways to strengthen cyber clauses beyond simple policy compliance and explores what contract drafters should prioritise: governance, transparency, incident response and technical measures.
PRECEDENTS
This Precedent Job description and personal specification—law firms will help you take a considered and consistent approach to preparing a job description/personal specification for recruiting new staff for your firm. It is important to draft the personal specification carefully as this will be used to assess candidates as part of the shortlist and interview process. A: The role Information Details Job title Job ref Department Section Reports to Location Remote/hybrid/office-based?(Specify which office, if hybrid or office-based) Grade Salary Employment status [Permanent/fixed term(state start & end date)/temporary/ casual] Job