What does Consultants mean? In construction and development projects, consultants are the professional advisers engaged by the employer (client) to deliver design, cost management and project management services. The term is descriptive rather than defined by legislation or case law, though standard forms (for example JCT, NEC, RIAI and GCCC) may define it for contract purposes. Typical consultants include the architect, quantity surveyor, project manager, structural or civil engineer, and building services (MEP) engineer. They are often referred to collectively as the professional team. Key legal features include appointment under a professional services agreement, a duty to exercise reasonable skill and care (fitness...
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Raising funds can be viewed as a discipline, a body of specialist know‑how, and a profession in its own right. Many charities maintain in‑house fundraising teams and also bring in external advisers—‘professional fundraisers’—to generate income for them. Charities may likewise enter arrangements with ‘commercial participators’: typically businesses that promise a financial benefit to the charity while selling their own goods or services, incorporating the charitable element into their promotion. The Charities Act 1992 (CA 1992), as amended by the Charities Act 2006 (CA 2006) and supporting regulations, sets out detailed duties for professional fundraisers and commercial participators, alongside specific constraints on their agreements with charities, designed to protect the charity rather than the other party. For completeness, CA 2006 has for most purposes been replaced by the consolidating Charities Act 2011 (CA 2011), as amended by the Charities (Protection and Social Investment) Act 2016 and the Charities Act 2022 (CA 2022). Accordingly, a charity may seek an injunction to restrain unauthorised fundraising and/or to prevent the repetition of an inaccurate or non‑compliant statement that charitable contributions...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...