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The Landlord and Tenant Act 1954 (LTA 1954) contains important provisions regarding security of tenure. LTA 1954, Pt II applies to a tenancy which meets the following criteria: • LTA 1954, s 23 tenancies to which Part II applies— ◦ (1) Subject to the provisions of this Act, this Part of this Act applies to any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes LTA 1954, s 23 should be considered in full in order to determine whether a tenancy is subject to the statutory protection afforded by LTA 1954, Pt II. In broad terms, LTA 1954, Pt II provides that the tenant of such premises described above will have security of tenure when the lease comes to an end. This provides the
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The benefits to the employer of entering into a separate non-disclosure agreement (NDA), rather than relying on confidentiality provisions in an employment contract may include: • convenience and clarity—in certain circumstances, the employer may require very detailed and comprehensive non-disclosure provisions. If these are included in the employment contract, this could render that contract unduly long and difficult for both parties to navigate and understand. Setting them out in a separate NDA might be
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Cancellation rights under the Regulations This Q&A explores the cancellation rights for mixed goods and services with consumers when made at a distance or on the doorstep under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013), which implement Directive 2011/83/EU, the Consumer Rights Directive. The CCR 2013 provide for cancellation rights that apply to agreement for goods, services and digital content that are made off-premises or on the doorstep (as well as at a distance, eg online or mail order). The cancellation period, as long as the required information is provided by the trader to the consumer about their cancellation rights, is generally 14 days after the day on which the contract is entered into for services or digital content not supplied on a tangible medium. For goods the cancellation period ends 14 days after the day on which the goods came into
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We have assumed that • the contract is a business-to-consumer contract • the contract is a distance contract for services Generally, where a consumer has entered into distance contract for the supply of services (service contract), the consumer has 14 days after the day on which the contract is entered into to cancel the contract. A ‘service contract’ is a contract, other than a sales contract, under which a trader supplies or agrees to supply a service to a consumer and the consumer pays or agrees to pay the price. Provision of services during the cancellation period Traders should not start providing services during the 14 day cancellation period unless the consumer has expressly requested this. If the consumer makes such an express request
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Transfers into trust A settlor of a trust and the trustees of that trust are ‘connected persons’ for the purposes of capital gains trust (CGT). Consequently, where an individual transfers assets into a trust (eg the settlor establishes the trust or make additions), the settlor is deemed to be making a disposal of those assets at market value (assuming the asset being transferred to the trust is not cash). A settlor is therefore liable to CGT on any chargeable gain deemed to be realised. Even if the settlor is also a beneficiary of the
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I sell goods online, what is the Consumer Rights Directive? The Consumer Rights Directive 2011/83/EU aims to consolidate and update the law on distance (and doorstep) selling and is intended to be implemented in Member States by 13 June 2014. Currently, if you sell online, your activities are covered by the Consumer Protection (Distance Selling) Regulations 2000, SI 2000/2334 as amended. How will the Consumer Rights Directive be implemented in the UK? The Government published the draft regulations in August 2013 for consultation and in December 2013 published its response  to that consultation, along with the final version of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 and accompanying guidance. The new laws take effect from 13 June 2013. For information about them, see Practice Note: The EU Consumer Rights Directive. How does it affect me, what's different about it? Many of the provisions on what information you must give to consumers are already required by existing legislation and will be familiar to traders. However, you must
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Family analysis: Significant changes come into effect in family proceedings from 29 April 2024 in relation to mediation information and assessment meetings (MIAMs) regarding, inter alia, the information that must be provided to the court on the issue of proceedings, gatekeeping, the court’s powers to adjourn for the parties to consider non-court dispute resolution, the format and content of a MIAM exemption from attending a MIAM and costs.
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See Practice Note: Impact of Brexit: Consumer credit—quick guide [Archived]. This Practice Note relates to changes introduced by the Consumer Credit (Amendment) (EU Exit) Regulations 2018 (the Consumer
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There is no legal distinction in the Companies Act 2006 between executive and non-executive directors and between different categories of executive director. The chief executive (CEO) has the same duties as other members of the board. However, in practice he or she will have
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Pursuant to section 42(7) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), there is a 12-month bar on serving a subsequent LRHUDA 1993, s 42 notice where: • the section 42 notice has been withdrawn or deemed to have been withdrawn • in response to the section
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How you may seek to enforce a settlement will depend, in part, on how you documented the settlement. Tomlin order A Tomlin order is made up of two parts: a consent order and a schedule. If parties wish particular provisions in the Tomlin order to be enforceable without further order from the court, they must include those provisions in the consent order part of the Tomlin order. The consent order is enforceable as a court order. For further information, see Practice Notes: Tomlin order and Consent orders and judgments. Part 36 The costs consequences of acceptance of a Part 36 offer where section IIIA of Part 45
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In this Q&A we have limited our research to cover common issues a product brand owner should be concerned with when contracting with retailers from a commercial contracts and brand protection perspective only. We also refer to a business-to-business relationship between a product brand owner and a retailer. Supply of goods The nature of the contract between the product owner and the retailer is key to assessing potential issues that may arise. We have assumed that your query relates to a simple supply of goods contract between a product brand owner and a retailer, but other routes to market are available such as agency, distribution, franchising etc. Each of these routes carry their own set of inherent advantages and disadvantages. Regarding