This Checklist outlines the principal points to consider when preparing, assessing or agreeing an equipment hire agreement. Equipment hire agreements are also known as equipment leases, equipment rental, operating leases or finance leases. For simplicity, this Checklist adopts the term equipment hire agreement. It is written from the viewpoint of the hiring customer under the equipment hire agreement. See also the accompanying Precedents: Equipment hire agreement—pro-customer and Equipment hire agreement—pro-supplier. The Checklist highlights matters intended to safeguard the hiring customer’s (or lessee) interests in relation to an equipment hire agreement prepared by the supplier (or lessor) (as is typically the position with equipment hire agreements). Expressions such as ‘lessor’, ‘lessee’, ‘hirer’ and similar can be unclear within these sorts of arrangement. In this Checklist the ‘hiring customer’ or ‘lessee’ is the party taking the equipment on lease, and the ‘supplier’ or ‘lessor’ is the party who provides the equipment and in turn receives a rental fee. This Checklist addresses business-to-business dealings only and does not cover the particular issues that arise under equipment hire agreements for hiring customers who are consumers. It is intended as a practical aid for use in commercial contexts and practice...
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 ]...