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Q&As
Section 1 of the Localism Act 2011 (LA 2011) gives the council a general power of contract, including with free schools (or more accurately the academy trust which owns the school). Providing traded services at cost to academies is very common and is carried out
Q&As
Generally, the permission of the court will be required to serve a claim form on a defendant domiciled in Jamaica. However, there are exceptions under CPR 6.33: • if the dispute involves a consumer or employment contract and the requirements in sections 15A
Q&As
Rectification is a remedy available where there has been a mistake in recording an agreement. If, because of an error, a written instrument (eg a deed or contract) does not reflect a preceding agreement between the parties to it (which can be oral), the court may rectify the instrument
PRECEDENTS
Option 1—trading only in England and Wales 1 Governing law 1.1 The laws of England and Wales apply to this contract. 2 Jurisdiction 2.1 Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales. This means that you can only bring a claim in the
PRACTICE NOTES
In the due diligence stage, unless the seller is providing a certificate of title, the buyer will undertake pre-contract searches and enquiries and assess the need for any specific environmental due diligence such as site investigations, asbestos surveys or regulatory consultations. Key tasks for environmental lawyers during the phase The seller’s solicitors will:
PRECEDENTS
THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD TAKE LEGAL ADVICE BEFORE SIGNING. IF YOU SIGN YOU MAY LOSE ANY INTEREST YOU MAY HAVE IN THE PROPERTY. Occupier: [insert name of Occupier] of [insert address of Occupier] (the ‘Occupier’). Seller[s]: [insert name(s) of Seller(s)] of [insert address of Seller(s)] [(the ‘Seller’) OR (together, the
NEWS
Insurance & Reinsurance analysis: Brokers and agents are not guaranteed exclusion from liability for premium by any automatic principle of agency common law. The extent of liability for premium will be defined by contract, as set out in the terms of business agreements (TOBAs) and binding authorities with each insurer. Chris Burr, from Broad Reach Partnership Ltd explains.
NEWS
Construction analysis: The Technology and Construction Court dismissed a jurisdictional challenge to an adjudicator’s decision, which alleged that the adjudicator had been appointed by the wrong nominating body, or alternatively that the referring party had ‘approbated and reprobated’ in respect of the underlying contract and its nomination provision.
NEWS
Banking & Finance analysis: Alan C Williams, senior associate, and Andy McGregor, partner, both at RPC, examine the Court of Appeal’s judgment in the Petrosaudi Oil Services case concerning whether a bank was obliged to pay the claimant the sums due under a contract pursuant to a letter of credit.
NEWS
The Advertising Standards Authority has upheld 14 complaints about various ads and informally resolved nine. The upheld complaints focused on ads about misleading mid-contract broadband price increases, failures to state the end dates of various promotions, as well as an ad challenged due to it being an ad for a product high in fat, salt or sugar (HFSS) which was targeted at children.
PRACTICE NOTES
This Practice Note considers key issues in IT disputes (ie legal disputes which have an IT element), focusing particularly on issues that commonly arise in relation to IT contracts and arrangements such as software licensing, outsourcing and systems integration. It looks at the ways that disputes can arise, sets out practical steps for analysing a potential claim and considers appropriate remedies, alternative dispute resolution (ADR) and settlement. The type of legal issue in an IT dispute varies, with some disputes focusing on IP infringement or negligence, for example. However, the vast majority of IT disputes will have contractual issues at their heart—and this is the focus of this Practice Note. For guidance on other areas which may be relevant to IT disputes, see: • Contractual breach damages and remedies—overview • Tort and negligence claims—overview • General IP disputes—overview • Data protection regime—overview Why do disputes arise? IT disputes often arise in the context of a customer who seeks an IT solution for its business and contracts with a supplier to provide that solution. This might