What does Representation mean? A representation is a pre‑contractual statement of existing fact or law made to persuade the other party to enter a contract; it is not, without more, a contractual term. If false, it may amount to misrepresentation, giving remedies such as rescission and/or damages. Liability turns on type: fraudulent misrepresentation (tort of deceit; in Scotland, delict), negligent misrepresentation (including statutory negligence in England & Wales under the Misrepresentation Act 1967 and similar provision in Northern Ireland; in Scotland and Ireland, principally common law/negligent misstatement), and innocent misrepresentation (with the court’s discretion to award damages in lieu of rescission). Inducement and reliance are...
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This Practice Note explores the guidance and support available to Trade union members. It outlines the entitlement to be accompanied by a trade union representative at any Disciplinary or Grievance meeting with an employer, access to legal advice and assistance from the union, and the union’s ability to secure a binding settlement. Union membership gives an individual worker access to advice and other forms of assistance from the union in a range of work-related settings, with support available across numerous workplace contexts and situations.
A worker has a statutory entitlement to be accompanied by a union representative—either an employee of the union, or an official the union has certified as suitably qualified—at any disciplinary or grievance hearing with their employer (see Practice Note: The right to be accompanied). This entitlement is not conditional upon the particular union being recognised by the employer concerned, nor upon the worker being a member of that union. Nevertheless, in practice, a union will rarely agree to act for a non-member worker...
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 ]...