What does Appointment mean? In legal practice, an appointment is the contract by which a client/employer engages a professional consultant (for example an architect, engineer, quantity surveyor or project manager) and sets the services, fee basis and allocation of risk. The term is descriptive and used across multiple contexts; it is not generally defined by legislation, though particular regulations refer to specific appointments (for example, construction safety roles). An appointment may be executed as a deed or as a simple contract, including by a letter of appointment. In England & Wales, Northern Ireland and Ireland this distinction affects limitation (typically around 12 years...
Read More
A sewerage undertaker is the company named by the Secretary of State or Ofwat to act as the sewerage undertaker for the territory described in its instrument of Appointment under section 11(1) of the Water Act 1989, as preserved by section 6(1) of the Water Industry Act 1991 (WIA 1991). The appointed undertaker may carry out its functions within the boundary depicted on the Sewerage Services Area Map attached to that instrument. Any dispute about the limits of an undertaker’s area is decided by Ofwat, in line with Condition A7 of the Instrument of Appointment. Within its area, the undertaker must provide sewerage services pursuant to its duty under WIA 1991, s 94. ‘Sewerage services’ covers the disposal of sewage and any other services that a sewerage undertaker is required to deliver for the purpose of fulfilling its functions.
Section 4 and Schedules 3 and 4 of the Water Act 2014 (WA 2014) introduced a sewerage licensing scheme in England. Section 5 and Sch 5 established a comparable scheme in Wales. These provisions came into force in England in April 2017. The aim of the legislation...
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 ]...