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NEWS
Commercial analysis: Andrew Archer, senior associate at Shoosmiths, considers the case of Sanderson Ltd v Simtom Food Products Ltd which contains a helpful restatement of the law relating to repudiation of contracts in the context of the implied term to cooperate.
GLOSSARY
An agreement to sell securities, usually bonds, to another party and to buy them, usually after a few days, back at a specified date and price.
PRACTICE NOTES
This Practice Note considers the relationship between causes of action for reputational damage claims which may provide alternatives to a defamation claim. The claims considered include malicious falsehood, misuse of private information, breach of confidence, breach of data protection laws, harassment and negligent misstatement. The tort of defamation is the principal cause of action relied on to protect the right to reputation. Broadly, a defamation claim will arise where there is a publication to third parties of words which lower a claimant in the estimation of right-thinking members of society generally, and which convey an imputation capable of causing serious harm to their reputation in circumstances where there is no applicable legal defence. For more information, see Practice Note: Defamation. In some circumstances, it may be possible and indeed necessary to consider bringing a different type of claim, which might even be against someone other than the primary publisher. While caution should always be exercised about the risks of ‘dressing up’ what would otherwise be a defamation claim (as this would leave a
PRACTICE NOTES
This guide enables organisations to gather essential climate information on current and prospective contract parties, and assess other organisations’ approach to decarbonisation and to understand whether they have a meaningful transition plan.
PRECEDENTS
[ Headed notepaper of the assignor ] To: [insert name and address of recipient (other party to the contract being assigned)] [insert date] Dear [name of other party to the contract being assigned], Request for consent to Assignment We refer to the [insert name of contract or agreement] dated [insert date] relating to [insert specific purpose of agreement][, as amended from time to time] (the Contract). [As part of an internal
PRECEDENTS
Headed notepaper of seller/assignor To: [Insert name and address of contractual counterparty] [Insert date] Dear [[insert contact name at contractual counterparty]], [Sirs] Request for consent to assignment of contract We refer to the agreement dated [insert date] between [insert name of seller/assignor] and [insert name of contractual counterparty] relating to [insert details of contract] (the Contract). We hereby give notice that, as part of an internal reorganisation of our group of companies, on
PRECEDENTS
headed notepaper of seller/assignor To: [Insert name and address of contractual counterparty] [Insert date] Dear [insert contact name/title at contractual counterparty], Request for consent to assignment of contract We refer to the agreement dated [insert date] between [insert name of seller/assignor] and [insert name of contractual counterparty] relating to [insert details of contract] (the Contract). We hereby give notice that, as part of the sale of the [insert name of business being sold] business, on [insert
CHECKLISTS
This Checklist sets out the documents required when requesting a detailed assessment, including for assisted persons and Legal Services Commission (LSC) funded clients. When making a request for detailed assessment using form N258, it is important to ensure that you provide all the documents required as set out in CPR PD 47 para 13.2. These are listed below in the form of a checklist. You will also need to provide an estimate of the length of time the detailed assessment hearing will take. Request for Detailed Assessment Hearing (general form) (Form N258) Where the request is made by a party other than the receiving party—in such cases, the requesting party should provide all documents listed below which are in their possession (CPR PD 47, para 13.2(k)). Practice direction para reference Document Have I provided it? CPR PD 47, para 13.2(a) A copy of the notice of commencement of the detailed assessment proceedings CPR PD 47, para 13.2(b) A copy of the bill of costs CPR PD 47, para 13.2(c) Document giving the right
GLOSSARY
A request by one party to a contract (generally, the contractor) to another party (typically, a consultant) for information in relation to a matter arising in connection with the contract—generally to clarify a technical matter in a contract document or for information that was incomplete when the contract was executed.
CHECKLISTS
When considering an outsourcing of information technology services, companies will often want to obtain key information from potential suppliers prior to issuing a formal tender. This is typically done through issuing a Request for Information (RFI) to a number of suppliers. The RFI may be used because the company needs to refine its understanding of the overall solution it is looking to obtain, or possibly use it as part of a ‘market warming’ exercise to gauge supplier interest in the contract. Most likely, however, an RFI will be used primarily to pre-qualify certain suppliers to whom the company can then send a more detailed Request for Proposal (RFP) or Invitation to Tender. The RFI should be prepared in order to elicit a certain amount of standard information about the supplier, such as its corporate structure and global reach, as well as information setting out the experience and typical service offering of the supplier. Indicative pricing information may also be obtained. However, the level of detail of the RFI will be largely
PRECEDENTS
[Insert address of applicant] [Insert name of public authority] [Insert address of public authority] [Insert date of application] Dear [insert organisation
PRECEDENTS
[Insert company name] (the Company) Company number: [Insert company number] [Insert company address] [Insert date] [Insert addressee’s name] [Insert address] This document is important and requires your immediate attention. If you are in any doubt as to what action you should take, you should seek your own advice from your stockbroker, solicitor, accountant or other duly authorised independent adviser. Dear [ Member OR Shareholder OR [Insert name of member]] Agreement to have documents and information sent or supplied to you by the Company [in electronic form AND/OR [ and/or ]by the Company making them available on a website] The purpose of this letter is to ask if you would agree to the Company sending or supplying [documents and information OR [insert details of specific documents and information or specific categories of documents and information]]