Executing deeds and documents in property transactions—charities The execution requirements will vary depending on the way the charity has been set up. Our Lexis+® UK Property Practice Note: Executing deeds and documents in property transactions—charities covers how charities must execute deeds and documents, including execution by an incorporated charity, a charitable company, a charitable industrial and provident society, an incorporated body of charity trustees, a charitable incorporated organisation and a corporate body incorporated by

A particular lien at common law is the right to retain goods for which charges have been incurred until those charges have been paid. If the owner of the goods is willing to pay the charges, the goods may not be retained until any general balance due to the person who has the particular lien has been paid. So, for example,

Equitable accounting is an attempt by a court to create fairness between the parties. It was explained in Bernard v Joseph: ‘When the proceeds of sale are realised there will have to be equitable accounting between the parties before the money is distributed. If the woman has left, she is entitled to receive an occupation rent, but if the man has kept up the mortgage payments, he is entitled to credit for her share of the payments; if he has spent money on recent redecoration which results in a much better sale price, he should have credit for that, not as an altered share, but by repayment of the whole or a part of the money he has spent. These are but examples of the way in which the balance is to be

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134, reg 36(1), a trader must not begin the supply of services before the end of the cancellation period (ie the end of the 14 days after the day on which the contract is entered into), unless the consumer: • has made an express request, and • in the case of an off-premises contract, has made the request on a durable medium As to the meaning of ‘durable medium’, see Practice Note: Distance, doorstep and on-premises sales. Meaning of express request The CCR 2013

There is no standard provision prescribed for distribution agreements, however below may be useful for your

Factoring is a type of receivables financing whereby a company, sole trader or partnership, known as the client, sells (ie assigns) its book debts (or receivables) together with all related rights, to a receivables purchaser (known as the factor) at a discounted rate. For an example factoring facility agreement, see: Factoring agreement: Encyclopaedia of Forms and Precedents [24]. Unlike invoice discounting (where the sales ledger administration and collection functions of the client are retained by the client), in factoring facilities the sales ledger administration and collection functions of the client are outsourced to the receivables purchaser (ie the factor). A

It is not clear what the nature of the case is, the stage it reached when it was settled, and its procedural history. We have therefore set out some general guidance below and also direct you to

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) applies to road traffic accident claims where the small claims track would not be the normal track and where damages are valued at no more than: • £25,000 where the accident occurred on or after 31 July 2013, or • £10,000 where the accident occurred on or after 30 April 2010 and before 31 July 2013 Under para 7.8A of the RTA protocol, in a soft tissue injury claim, the

Powers of joint administrators generally Section 21 of the Administration of Estates Act 1925 (AEA 1925) provides that: ‘Every person to whom administration of the real and personal estate of a deceased person is granted, shall, subject to the limitations contained in the grant, have the same rights and liabilities and be accountable in like manner as if he were the executor of the deceased’. We have assumed that the grant of letters of administration is not limited. Co-executors are treated as being a single legal person, essentially stepping into the shoes of the deceased. Subject to statutory exceptions, any one co-executor can validly act on behalf

It is very well established in the context of fatal accident claims that the widow or widower may recover in connection with the loss of not only financial but also services dependency. Clearly, when a widow or widower makes a claim in connection with the loss of services dependency, they are asserting that certain tasks which

Fatal Accidents Act 1976 or Law Reform (Miscellaneous Provisions) Act 1934? When the victim of a personal injury action has died prior to trial, two distinct claims are possible. A claim can be brought for the benefit of the deceased's estate and on behalf of the dependants of the deceased. While these claims can be pursued separately they are often brought in tandem. When a claim is brought for the benefit of the deceased's estate, this is founded on a continuation of the cause of action to which the deceased was entitled the instant before they died. When a claim is brought on behalf of dependants, a fresh cause of action is created, although the claim will only succeed if it can be shown that the deceased would have recovered damages if they were still alive. Therefore how a deceased claimant is referred to on court documents will depend under which act the claim is brought. For

Where a claimant dies prior to proceedings being issued, it is necessary for the executors of the Will to obtain a grant of probate before pursuing a claim. Where there is a Will that does not nominate any executors, or there is no Will, an application must be made for a grant of letters of administration before a claim can proceed. For further information,