What does Agent mean? In practice, an agent is someone authorised to act for a principal in dealings with third parties, typically to negotiate or conclude contracts and perform transactions on the principal’s behalf. Agency is primarily a common‑law (case law) concept across England and Wales, Scotland, Northern Ireland and Ireland, with specific statutes for particular contexts (for example, the Commercial Agents Regulations and the Estate Agents Act 1979; powers of attorney legislation for attorneys). Key features include: authority (actual—express or implied—and apparent/ostensible), the capacity to bind the principal, and fiduciary duties owed by the agent (loyalty, no secret profit, avoidance of conflicts, accounting) alongside...
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Where insurance is arranged through an intermediary, that party is typically either an insurance agent (who generally represents a particular insurer or a number of insurers) or an insurance broker (who usually represents the insurance purchaser).
Insurance agents have contractual appointments with insurers that define the products they may offer and how they are remunerated. A ‘captive agent’ focuses on a single insurer’s products, while an ‘independent agent’ can work with multiple insurers. The agent’s role is to bring insurance business to their principal(s).
As the buyer’s representative, a broker is independent. Brokers prepare and submit applications to insurers for their clients. During placement, they obtain a temporary contract, known as a ‘binder’, signed by an authorised representative of the insurer. After the transition period (often 30 or 60 days), the binder is replaced by the issued policy of insurance.
Pursuant to Schedule 2 to the Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012), an intermediary is regarded...
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 ]...