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GLOSSARY
Under a system of end-use charging, BT’s network charges would be allowed to vary according to the use to which the network components are put.
GLOSSARY
A device for receiving digital services in respect of which the use of Access Control services is necessary. Set-top boxes for the receipt of digital interactive services delivered via television sets is one example.
CHECKLISTS
This Checklist is designed to highlight issues that commonly arise during the drafting of a business-to-business software end-user licence agreement (EULA), particularly in the context of software licensed by a reseller. For more information on key issues in software licensing generally, see Practice Note: Key issues in software licence agreements. For example software EULAs, see the following Precedents: • ‘Click-wrap’ software end-user licence agreement (EULA)—business-to-business • ‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer • Online terms and conditions for the supply of digital content and end user licence agreement—business-to-consumer For example software reseller agreements, see Precedents: Software reseller agreement and Software as a service (SaaS) reseller agreement. The third column can be used to record observations or comments as the Checklist is worked through. Checklist for end-user licence agreement (EULA) Checklist Further information Notes (if any) Take instructions ☐ Consider the features and functionality of the service that may impact the drafting of the EULA Consider the type of service or software and select the appropriate starting point.A bespoke Checklist and Precedent EULAs are available for
GLOSSARY
Best endeavours', 'reasonable endeavours' and all other variations are frequently used in drafting commercial agreements. Obligations imposed range from absolute ‘best endeavours’ obligation to the weaker ‘reasonable endeavours’ obligation. The exact meaning of these expressions will be subject to the standard rules of contractual interpretation.
CHECKLISTS
How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Precedents: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in default under CPR 12 Default judgment—overview and the Practice Notes referred to in
PRACTICE NOTES
There are numerous ways in which a contract can come to an end, not just by agreement, see: Terminating contracts—how and when a contract ends—overview for an outline, together with links to the underlying practical guidance, including Practice Note: Termination and expiry of contracts. This Practice Note summarises the main ways in which a contract may be discharged by the parties’ agreement, including concepts of total discharge (release), total discharge (accord and satisfaction), total discharge (rescission) and total discharge (contractual termination) and partial discharge (variation) and partial discharge (waiver by estoppel). For a summary, in tabular format, of the key and illustrative judgments handed down since 1 January 2020 considering contract law issues, including those dealing with contract termination, see Practice Notes: • Contract disputes—illustrative decisions (2026) • Contract disputes—illustrative decisions (2024–2025) [Archived] • Contract disputes—key and illustrative decisions (2020–2023) [Archived] Agreeing to end a contract—the different ways A contract may be wholly discharged by agreement as follows: • where one party releases the other from its obligations by deed (release) • the parties
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. A family intervention tenancy (FIT) falls within the category of excluded tenancies under the Housing Acts 1985 (HA 1985) and 1988 (HA 1988) as they are terminable on notice without the need for the landlord to prove grounds for termination or possession. A landlord can gain possession of the property and the tenant can be evicted if they have not complied with the behavioural support conditions throughout the term. The procedure is different depending on whether the landlord is a local authority or a registered provider of social housing. Local authority landlord For a local authority to terminate a FIT they must serve a notice of that intention before they can issue the notice to quit. The notice of intention to serve a notice to quit must: • explain that the landlord will serve a notice to quit • contain the reasons for serving a notice to quit • state when the landlord will serve the notice to quit • state that the
PRACTICE NOTES
This Practice Note examines how a partnership formed under the Partnership Act 1890 may be brought to an end by its dissolution, where that dissolution is by order of the court. A partnership can be brought to end by its: • dissolution (see Practice Note: Ending a partnership—what is dissolution?), or • insolvency (see: General partnerships and insolvency—overview) Dissolution by the court This Practice Note examines how a partnership formed under the Partnership Act 1890 (PA 1890) may be brought to an end by its dissolution by order of the court. For alternative ways of dissolving a partnership, see Practice Note: Ending a partnership—dissolution otherwise than by the court. For further information, see: Actions between partners: introduction: Atkins Court Forms Vol 29(1) [15] Grounds for dissolution by the court The dissolution of a partnership by order of the court is almost always a general dissolution as opposed to a technical dissolution (see Practice Note: Ending a partnership—what is dissolution?). However, instead of ordering the winding up of the partnership and
PRACTICE NOTES
This Practice Note examines how a partnership may be brought to an end by its dissolution otherwise than by the court procedure. This Practice Note discusses partnerships formed under the Partnership Act 1890 (PA 1890) governed by English law as distinct from limited partnerships, limited liability partnerships and partnerships formed under the PA 1890 and governed by Scottish law. A partnership can be brought to its end by: • dissolution (see Practice Note: Ending a partnership—what is dissolution?), or • insolvency In relation to the dissolution of a partnership by order of the court, see Practice Note: Ending a partnership—dissolution by the court. Ways that a partnership may be dissolved otherwise than by the court A partnership may be dissolved in any of the following ways, all of which are detailed below. The dissolution of a partnership in any of the following ways is almost always a general dissolution, as opposed to a technical dissolution (see Practice Note: Ending a partnership—what is dissolution?): • dissolution by notice • dissolution by expiry
PRACTICE NOTES
This Practice Note discusses how the business and affairs of a partnership are dealt with after a solvent general dissolution (not a technical dissolution). It does not cover how they are dealt with on its insolvency. For information on partnership insolvency, see: General partnerships and insolvency—overview. This Practice Note covers partnerships formed under the Partnership Act 1890 (PA 1890) governed by English law, as distinct from limited partnerships, limited liability partnerships and partnerships governed by Scottish law. A partnership can be brought to an end by its: • dissolution (see Practice Note: Ending a partnership—what is dissolution?), or • insolvency (see: General partnerships and insolvency—overview) For the other ways in which a partnership may be dissolved, see Practice Notes:Ending a partnership—dissolution by the court and Ending a partnership—dissolution otherwise than by the court. Consequences of a general dissolution On a general dissolution, every partner is entitled as against the other partners in the partnership and all persons claiming through them in respect of their interests as partners to have the partnership wound up, meaning they
PRACTICE NOTES
This Practice Note discusses how to dissolve a partnership formed under the Partnership Act 1890 (PA 1890). It considers both technical dissolution and general dissolution. A partnership formed under the PA 1890 can be brought to end by its: • dissolution, or • insolvency What is dissolution? There is no statutory definition of ‘dissolution’ in relation to a partnership but it is the term used to refer to the end of a partnership. However, even if the dissolution of a partnership takes place: • the partners in that partnership (or some of them) may continue to work together in a new partnership that takes over the business of the dissolved partnership, or • the authority of each partner to bind the partnership, and the other rights and obligations of the partners, may continue as far as may be necessary to wind up the affairs of the dissolved partnership (see Practice Note: Ending a general partnership—solvent winding-up). However, the consequences of the dissolution of a partnership depend on what category of dissolution has occurred
PRACTICE NOTES
A limited partnership can be brought to an end by its: • dissolution, or • insolvency (see Practice Note: Ending a limited partnership—what is dissolution?) This Practice Note examines how a limited partnership, including a private fund limited partnership (PFLP) may be brought to an end by its dissolution, where that dissolution is by order of the court. Much of the law relating to partnerships pursuant to the Partnership Act 1890 (PA 1890) is applicable to limited partnerships and is referred to throughout this note. For other ways in which a limited partnership may be dissolved, see Practice Note: Ending a limited partnership—dissolution otherwise than by the court. With effect from 6 April 2017, the Limited Partnerships Act 1907 (LPA 1907) was amended by the Legislative Reform (Private Fund Limited Partnerships) Order 2017 (LRO), SI 2017/514. The LRO was first published in January 2017 by HM Treasury together with an accompanying explanatory document. The LRO was published further to a government consultation which commenced in July 2015 and concluded in October 2015