A partnership is formed by ‘persons carrying on a business in common with a view of profit’ (section 1 of the Partnership Act 1890 (PA 1890)). As such, a partnership is not a separate legal entity but is a relationship between partners based on contract. PA 1890 will apply default contractual terms to the partnership in the absence of agreement to the contrary, but many partnerships exclude or modify the provisions of PA 1890 by entering into their own partnership agreement. In the absence of any agreement to the contrary, PA 1890 sets out certain rules to apply in determining whether a person is a partner in a business (mostly phrased in the negative) including, among other things: • receipt by a person of a share of the profits of a business is prima facie evidence that they are partner in the business, but does not of itself make them a partner in the business • receipt by a person of a payment contingent on or

Focus on the policy objective—protecting company information The objective of a BYOD policy should be to ensure company information is adequately protected, while facilitating more flexible working by users. Any security measures adopted by the company as part of BYOD should only go so far as is necessary to achieve this objective and be proportionate, considering individuals' personal privacy. Define who is covered by the policy Limit BYOD to those users who it is desirable to allow to work in this way, eg allowing suppliers/partners/customers to connect to the company network using their own devices adds complexity and potentially increases risk. Give BYOD users access only to the specific company IT systems they need to use in this way, rather than the entire company network. Specify the devices covered by the policy Detail the relevant technical specifications for devices that

From a lender's perspective, it is important to draft a guarantee which is limited by amount as a guarantee of all of the loan, with a cap on liability. You should not draft the guarantee as a guarantee of part of the loan. For example, in the context of a loan for £50,000,000 which is to be made by a lender to a borrower under a facility agreement, you should draft a guarantee which is to be limited to say, £40,000,000, as follows: 'the guarantor irrevocably and unconditionally guarantees all of the borrower’s obligations to the lender under the facility agreement provided that the guarantor's liability under this guarantee is limited to an amount of £40,000,000' You shouldn't draft the guarantee as follows: 'the guarantor irrevocably and unconditionally guarantees a sum of £40,000,000 in respect of the borrower’s obligations to the lender under the facility agreement' Why you shouldn't draft the guarantee to cover

Is it possible to draft a guarantee limited in time and/or with a specific expiry date? A creditor and a guarantor are free to agree that a guarantee is limited to liabilities incurred before a particular time or that it will expire upon a particular date. Such guarantees are, however, atypical. Guarantees are usually intended to provide security in respect of a particular transaction or loan, or are intended to be continuing in nature. Both of these categories of intentions could be prejudiced if the guarantee were to expire upon a particular date. Accordingly, if the parties wish to impose a time limitation or expiry date upon a guarantee, care should be taken to ensure that this is reflected in clear and unequivocal terms in order to minimise the risks of any possible dispute. Whether or not the language used successfully limits the guarantee will then be determined in accordance with the ordinary principles of contractual interpretation. The

What is meant by plain English? Plain English is not defined in English law as such. Now and again, it is mentioned in a few laws (such as the Veterinary Medicines Regulations 2013, Sch 1, art 50(4)) but those laws do not define exactly what it is. Other laws refer instead to 'plain and intelligible' language (such as the Unfair Terms in Consumer Contract Regulations 1999 SI 1999/2083, reg 7(UTCCR)). Therefore, if you want to understand the concept, you need to refer to those government organisations which are responsible for the laws which ensure that businesses draft agreements in 'plain and intelligible language' under laws such as the UTCCR. By way of example, the Office of Fair Trading (OFT) (which has responsibility for enforcing the UTCCR) refers to plain English as being, 'jargon free language which is clear and not open to misinterpretation, the effects of which are understandable to consumers (not just lawyers)'. Is it just enough to write in plain English? No. You should always remember that drafting a document

Enforcement generally Part 70 to the Civil Procedure Rules (CPR) sets out the general rules about enforcement of judgments and orders and should be read in conjunction with Practice Direction 70. Enforcing money judgments A costs order (made in any court context, whether interim, first instance or on appeal) is a money judgment that may be enforced in any of the usual ways of enforcing money judgments, subject to any stay of enforcement, which may be prescribed in the order itself. Under the CPR, there is provision for enforcing a High Court Judgment in the County Court and the rules in relation to this area are specifically set out in CPR 70.3. We would also refer you to our Practice Note: Which enforcement of judgment method should I choose?—High Court/County Court—practical considerations, which sets out the relevant points to consider when deciding on what forum within which to enforce a

Practice Note: Costs orders—payment and enforcement sets out how and when costs orders can be enforced, as well as the use of unless orders. As orders for the payment of a sum in costs are enforced in the same way as orders for the payment

You can complete the application for the attachment of earnings application using the defendant’s last known address. The Court will send out the N56 to the defendant which will presumably be returned undelivered as 'not known at this address'. At that stage you can ask the Court to send an N338 to the employer

This how-to guide considers how to find an expert witness who will support the case your client wishes to bring or to defend. It also considers aspects of considering how to evaluate the predictability of the calibre of an expert in preparing a cogent report and in their court performance if cross-examined about it. Identifying the need for an expert witness In some claims it will be obvious from the outset that opinion evidence from a person unconnected with the factual events and circumstances but with relevant expertise will be needed to prove a claimant’s positive case. An example would be where the defendant fell below the expected standard of competence in a particular field. Expertise involving construction of buildings or the medical profession are two clear examples of this. An expert may already have been engaged to assist the claimant’s side in formulating and pleading such a claim. In other cases the need for a claimant party to engage an expert will not emerge until after (say) the defence has been

Statutory demand The service of a statutory demand is not recorded as it is not a court document, so unfortunately there is no register to search. The only way you could find out is if either the debtor or creditor tells you. Further, if the debtor disputes the debt, it could be possible to check with the debtor’s local County Court

Searching for information about a company Public digital data beta service Users can search all public digital data filed at Companies House using its new beta service which can be accessed here. This recent extension of free search services reflects the government’s commitment to the provision of free data. The service provides users with free access to over 170 million company records and currently includes the following features: • company overviews and officers • document images • disqualified directors • follow companies • change registered office addresses, and • company name availability checker Companies House currently welcomes feedback on the beta service and continues to release new search features over the forthcoming months, including abridged accounts and other document filings. Company overviews and officers To search for a company overview and officers, a user should complete the following steps: • search

What is a qualifying guarantee? A qualifying guarantee is an instrument that constitutes a guarantee of a reference entity under the 2014 ISDA Credit Derivatives Definitions (the 2014 Definitions). If certain conditions are met, a qualifying guarantee will constitute: • an 'Obligation' under Section 3.1 of the 2014 Definitions so that a credit event can be triggered, and • a 'Deliverable Obligation' under Section 3.2 meaning that the credit derivative can be settled How do I check if my guarantee is a qualifying guarantee? In order for a guarantee to be an 'Obligation' capable of triggering