What does Services contract mean? In practice, a services contract is an agreement under which a trader supplies, or agrees to supply, services to a consumer for a price (or a promise to pay). It is used for consumer-facing arrangements (eg repairs, maintenance, professional or leisure services) and is distinct from a sales contract for goods. In England and Wales, Scotland and Northern Ireland, the concept appears in the Consumer Rights Act 2015 (as a “contract to supply services”). In Ireland, a broadly equivalent definition is set out in the Consumer Rights Act 2022. Across these jurisdictions the approach is consistent: the trader...
Read More
The PSC is a long‑form consultancy appointment, published as part of the NEC suite of contracts. The NEC4 suite was released in June 2017. Amendments arrived in January 2019, October 2020 and, subsequently, in January 2023—the 2023 update contains contract‑wide clarifications together with new optional provisions pertinent to the PSC, which should be checked carefully against any project‑specific Contract Data. The earlier form, NEC3, last issued in April 2013, was at that time called the Professional Services contract (note the subtle difference). This Practice Note considers both NEC4 and NEC3 versions of the PSC—highlighting changes in approach and identifying different clause references where appropriate. Throughout, the Practice Note uses the term ‘Client’, as adopted in the NEC4 suite; under NEC3 the term ‘Employer’ was used. The PSC also takes a different tack from other published consultant appointments, incorporating mechanisms comparable to a contractor Engagement, including detailed provisions concerning programming and scheduling, as well as optional Liquidated Damages where the consultant is late in completing the services...
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 ]...