What does Territory mean? In practice, Territory describes the geographical area in or for which the contract grants rights, imposes obligations or restricts activities (for example, in IP licences, distribution, agency and franchise agreements). It is a descriptive contractual term, not generally defined by legislation or case law, but its scope engages competition and antitrust rules and sanctions/export controls. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland. Draft precisely: Great Britain (England, Wales and Scotland) is not the same as the United Kingdom (Great Britain and Northern Ireland); Ireland refers to the state; the island of Ireland comprises Ireland and...
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For EU Member States, Council Directive 2006/112/EC (the VAT Directive) establishes the framework for a common VAT regime, which every Member State must transpose into its own legal order through domestic legislation. That national legislation must not only give proper effect to the VAT Directive, but be enacted and applied in a way that accords with a series of EU legal principles (the EU General Principles). This was undoubtedly so in the UK while it remained an EU Member State. What has followed since the UK’s exit from the EU is covered in Practice Notes: Retained EU law and tax, Assimilated law and Assimilated law and tax. A summary of the key points appears at the end of this Practice Note; suffice it to say for now that EU general principles have not—contrary to some expectations or hopes—been consigned to the dustbin of UK fiscal history. This Practice Note concerns EU legal principles that commonly arose in a VAT context. It also addresses the duty on UK courts to construe UK VAT legislation, so far as possible, in conformity with the VAT Directive...
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 ]...