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Q&As
Lexis+® UK Commercial carries a suite of content for an international supply of goods agreement, which you may find useful for
Q&As
Practice Note: Exclusion and limitation of liability describes the law and practice of limitation of liability in both business and consumer contracts. It covers the common law and the statutory provisions of the Unfair Contract Terms Act 1977 (UCTA 1977) and the Consumer Rights Act 2015 (CRA 2015) in the context of limitation of liability. It also contains practical guidance on structuring and negotiating a standard limitation of liability clause in a commercial contract. You may find useful the following blog post from the PSL Commercial blog: Running scared from disclaimers. This considers
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The General Data Protection Regulation (GDPR) provides for enhanced rights for data subjects, including providing rights of rectification, erasure and restriction of processing, data portability, and a right of data subjects, with strict time limits for complying. Legal requirements You must respond to a data subject request without undue delay and in any event within one month of receipt of the request, or within one month of receiving: • any information you have requested to confirm the requester’s identity • any fee you have charged That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. You must inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. See Precedents: Response to data subject request—charging a fee and Response to data subject request—extension of time. The time limit
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Pandemics cause difficult business conditions and uncertainty for many law firms and solicitors. Often they involve doing all you can to close your office and work from home, and that results in an unprecedented number of solicitors and staff working from home and providing their services digitally, some having rarely or never done so before. The SRA acknowledges that this will present many with new cyber security challenges. Legal requirements The SRA expects you to identify, monitor and manage all material risks to your business. See Practice Note: How to identify and evaluate risk across the business. Information and cyber-security are important risks to consider for most law firms. Confidentiality You must keep the affairs of clients confidential unless disclosure is required or permitted by law or the client consents—see subtopic: Confidentiality and disclosure. All firms must have measures in place to keep client’s information confidential. Most firms will already have in place arrangements to protect client information for
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All firms carrying on business must have qualifying professional indemnity insurance (PII) provided by a participating insurer. This Q&A sets out what you need to do if your participating professional indemnity insurer becomes insolvent. PII covers civil claims against your firm, typically for professional negligence. Under the SRA Indemnity Insurance Rules, every firm must take out and maintain qualifying insurance that meets the SRA's minimum terms and conditions (MTCs). This is a continuing obligation, ie firms must at all times have qualifying PII cover in place. Qualifying insurance must be taken out with a participating insurer. If your participating insurer becomes insolvent you will need to act immediately to: • comply with your obligations under the SRA Indemnity Insurance Rules, and • ensure your clients are protected What are your obligations? If your insurer is the subject of an insolvency event, you must ensure the firm obtains qualifying insurance with another participating insurer: • soon as reasonably practicable, and in any event • within
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An undertaking is a commitment by a solicitor to do something. It can be enforced against the solicitor by the courts. Failure to comply with an undertaking can also be professional misconduct leading to disciplinary action by the
Q&As
This Q&A covers proceedings in the High Court or the County Court. Filing a defence Subject to certain exceptions, a defendant who wishes to defend all or part of a claim must file a defence; see Circumstances where a defence is required: Atkin's Court Forms [199] on this point. See also the following precedents from Atkins Court Forms: • Defence: standard defence: Atkin's Court Forms [19] • Defence and counterclaim: more than one defendant: Atkin's Court Forms
Q&As
This Q&A is intended for law firms regulated by the SRA. It explains the sort of things that you may wish to include in a letter terminating your client retainer and signposts further content on when and how you can terminate a retainer. It assumes there are no issues around tipping off and/or prejudicing an investigation (or similar issues). For more guidance, see Practice Note: Tipping-off and prejudicing an investigation—core details for law firms. Any
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Taking control of a judgment debtor’s goods pursuant to a writ or warrant of control is a standard procedure where the judgment is unsatisfied. However, in light of the significant social restrictions being imposed as a result of coronavirus (COVID-19) practitioners should note that, as set out below, either procedure can involve personal contact through an enforcement agent (EA) or bailiff entering the debtors’ premises, as well as the sale of the goods. This may be difficult if the EAs or bailiffs are unwilling or unable, for reasons of social distancing or isolation, to attend properties in person. Practitioners may want to consider other enforcement methods that are much less likely to require personal attendance on the judgment debtor’s property, and do not involve public auction, which are considered towards the end of this answer. Attending the debtor’s premises under the taking control of
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A number of issues arise here. It may be useful to check that the supporter wasn't mistaken and find other evidence of the collection having taken place and of the name and charity number being used. However, from the point of view of a member of the public making a donation, there may be an apprehension that the funds donated were intended for the charity. There is therefore the potential for some form of misrepresentation to have been made. Both the Office of the Scottish
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Paragraph 47 of the Acas Code of Practice on disciplinary and grievance procedures describes a collective grievance as a grievance raised on behalf of two or more employees by a representative of a recognised trade union or other appropriate workplace representative. There is no specific statutory provision relating to collective grievances, and the Acas Code of Practice on disciplinary and grievance procedures does not apply to a collective grievance. In its October 2020 response to the second annual Labour Market Enforcement strategy, the government accepted the recommendation to work with Acas to consider the issue of collective grievances and the implications of including guidance in the Code of Practice. Until that happens, the Code of Practice states that collective grievances should be handled in accordance with the organisation’s collective grievance process. It does not say how they should be handled if the organisation does not have such a process. For further information, see: • the section of Practice Note: Acas disciplinary and grievance code—procedural requirements entitled Grievance
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Considerations Our consultancy agreement Precedents are drafted for the provision of consultancy services, whereas our sales agency agreement Precedent is a Precedent for the provision of agency services and anticipates that the agent will be a commercial agent as defined by the Commercial Agents Regulations (Council Directive) Regulations 1993 (the Commercial Agents Regs 1993, SI 1993/3053). As such, initially you will need to determine if the individual being appointed as a consultant will also be carrying out the role of an agent, and further, the role of a commercial agent. Practice Note: Commercial