Where a commercial contract contains a clause excluding liability for items such as loss of revenue, loss of business or loss of profit where the loss is caused by the negligence or breach of duty of the other party, such clause will usually be termed an exclusion or an exemption clause. The purpose of such a clause is to provide that where a breach of contract (or negligence) arises which causes loss, that loss should not be recoverable. Such clauses often lead to litigation and thus the scrutiny of the terms of the clause. Exclusion clauses may also be used to limit compensation by amount or duration, or to exclude what would otherwise be implied into the terms

Limited partnerships in the BVI may or may not have a separate legal personality to their members. For information on the administration of English limited liability partnerships (LLPs) which do have a separate legal personality, see Practice Note: Administration of a Limited Liability Partnership. The Limited Liability Partnerships Act 2000 (LLPA 2000) introduced LLPs and must be read in conjunction with the Limited Liability Partnerships Regulations 2001 (LLPR 2001), SI 2001/1090. LLPR 2001, SI 2001/1090 apply the Insolvency Act 1986 (IA 1986) and Insolvency (England & Wales) Rules 2016 (IR 2016), SI 2016/1024 to LLPs. The Limited Liability Partnerships

Legal professional privilege The special protection that allows a client to retain confidentiality in certain communications with their legal advisers tends to be known as ‘legal professional privilege’ (LPP), which is an umbrella term encompassing both legal advice privilege and litigation privilege. When considering LPP, it is important to keep in mind the distinction between disclosure and inspection. Disclosure is the term given to the process where parties offer up ‘documents’ in their control which are material to an issue (or issues) in dispute see Practice Note: Disclosure under CPR 31—introduction. In comparison, ‘inspection’ occurs when a party physically views (or receives copies of) documents that have been listed or ‘disclosed’. See Practice Note: Disclosure—inspection. It is also important to note that a party to whom a document has been disclosed may generally only use that document for the purpose of the proceedings in which it was disclosed (CPR 31.22(1)). This is often referred

This Q&A considers the circumstances in which a public authority can be held accountable for an omission. In particular, it considers a scenario where the Probation Service failed to notify the local authority that an offender with a history of violence had been released from prison, and the offender thereafter caused personal injury to his child. We are not aware of any specific case law relating to the National Probation Service. However, refer you to the below information for general guidance. The key duties of the National Probation Service are to protect the public and reduce re-offending. The Criminal Justice and Court Services Act 2000 and the Criminal Justice Act 2003 enshrine these principles and requires the Probation Service, Police, and Prison Services to work together

In Royal Bank of Scotland v Etridge, the House of Lords confirmed that in a case where a wife is being asked to stand surety for her husband’s debts, the solicitor advising the wife may also act for her husband or the bank, provided that the solicitor is satisfied that it is in the wife's best interests and does not give rise to any conflicts of duty or interest. However, if at any stage the solicitor becomes concerned that there is a real risk that other interests or duties may inhibit his advice to the wife, he must cease to act for her. See Practice Note: Taking a guarantee or third party security from an individual—undue influence and Precedent: Independent legal advice letter (Etridge letter) to be given

In family cases, the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 at FPR 2010, PD 27A provide, at FPR 2010, PD 27A, para 3.1, that a bundle for the use of the court at the hearing shall be provided by the applicant or, if that person is a litigant in person, by the first listed respondent who is not a litigant in person. FPR 2010, PD 27A, para 6.1 provides that the party preparing the bundle shall provide a paginated index to all other parties not less than four working days before the hearing and FPR 2010, PD 27A, para 6.3 provides that it shall be lodged with the court not less than two working days before the hearing. FPR 2010, PD 27A does not provide for the provision

A periodical payments order is an order within financial remedy proceedings under the Matrimonial Causes Act 1973 or Schedule 1 to the Children Act 1989 (together with a number of other, less usual statutory provisions) requiring one party to pay maintenance to the other for a fixed term or for joint lives. The court does not however enforce its own orders and where there is a breach of an ordered obligation to pay maintenance, the receiving party may make an application to the court to enforce.

Section 27 of the Land Registration Act 2002 (LRA 2002) provides that, if a disposition of a registered estate is required to be completed by registration, it does not operate at law until the relevant registration requirements are met. LRA 2002, s 27(2) provides that dispositions required to be completed by registration include a transfer and, where the registered estate is an estate in land, the grant of a term of years absolute for a term of more than seven years from the date of the grant. Therefore, where a lease for a term of more than seven years is

Adverse possession is the term utilised where a person who has been in continuous possession and use of land belonging to another, without their permission, for a specified time, acquires title to that land as a result. A claim to title by way of adverse possession in relation to unregistered land is governed by sections 15 and 17 and Schedule 1 to the Limitation Act 1980 (LA 1980). The person in adverse possession (the squatter) must prove factual possession accompanied by an intention to possess (see Practice Note: Establishing adverse possession of land, in particular the sections entitled ‘Factual possession’ and ‘Intention to possess’). The squatter’s adverse possession must be uninterrupted for the required period of adverse possession (see Practice Note Establishing adverse possession of land, in particular the section ‘Required period of adverse

Risk management authority powers A risk management authority (RMA) is defined in section 6(13) of the Flood and Water Management Act 2010 (FWMA 2010) as the Environment Agency, the Natural Resources Body for Wales, a lead local flood authority (LLFA), a district council for an area for which there is no unitary authority, an internal drainage board, a water company and a highway authority. A LLFA in relation to England means the unitary authority for the area, or if there is no unitary authority, the county council for the area (FWMA 2010, s 6(7)). A unitary authority means the council of a county for which there are no district councils; the council of a district in an area for which there is no county council; the council of a London borough; the Common Council of the City of London; the Council of the Isles of Scilly (FWMA

The court has a wide discretion when allocating a claim to a track. Practically, the claim will normally be allocated based on its financial value, but CPR 26.8(1) lists several other matters that the court shall have regard to when deciding the track for a claim. The list is not exhaustive, but as you have identified at CPR 26.8(1)(c), the court shall have regard to the complexity of the facts, law or evidence. The complexity may also have a direct impact on the

When considering whether it may be reasonable to refuse ADR or mediation, it is important to consider the factors that the courts will take into account when deciding whether to impose consequences on a party for such a refusal. In terms of costs, the court will have regard to the conduct of the parties, including in particular the efforts made, if any, before and during the proceedings in order to try to resolve the dispute. For an overview of the requirements