What does Distance contract mean? A distance contract is a contract between a trader and a consumer (i.e., B2C) formed without any face‑to‑face meeting, typically via a website, app, telephone or email, as part of an organised distance‑selling or service‑provision scheme. The term is defined in UK law by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and in Ireland by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (as amended), implementing the EU Consumer Rights Directive. Key elements are: - no simultaneous physical presence of trader and consumer; and - exclusive use of one or more means of distance...
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The consumer contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Consumer Contracts Regs 2013), SI 2013/3134 apply when you agree a retainer with a consumer client you have not met, commonly termed a distance contract. This Practice Note outlines:
The Consumer Contracts Regs 2013 also extend to situations where you meet the client away from your office before entering into a retainer (often called an off‑premises contract). For further detail, see Practice Note: Off–premises contracts—law firms.
The flowchart below will help you determine whether:
To benefit from cancellation rights under the regulations, your client must be an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
A distance contract is one that is:
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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 ]...