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The formal assertion of a cause of action by one person (the claimant) against another (the defendant).
A claim is initiated when a claim form is issued by a court at the request of the claimant.
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MVNO agreement鈥攃hecklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: 鈥 Agreement鈥攎eans the MVNO agreement between the MVNO and the Supplier for the provision of the Services 鈥 End-User鈥攎eans a customer of the MVNO 鈥 IPR鈥攎eans intellectual property rights 鈥 MVNO鈥攎eans mobile virtual network operator, the customer in the Agreement 鈥 Services鈥攎eans the wholesale network services being provided to the MVNO by the Supplier 鈥 Supplier鈥攎eans the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions 鈽 Consider duration....
Considerations when dealing with litigants in person鈥攃hecklist Issue Comment Link to Lexis+庐 UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative鈥檚 paramount duty is to the court and to the administration of justice. Subject to that, the legal representative鈥檚 duty is to the client. Practice Note: Litigants in person鈥攇eneral considerations, resources and regulators' guidanceThe Law Society鈥擫itigants in person: guidelines for lawyers, paras 7鈥9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person鈥檚 behalf. Practice Note: Litigants in person鈥攇eneral considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society鈥擫itigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...
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Inheritance (Provision for Family and Dependants) Act 1975 applicant鈥攆lowchart This flowchart deals with the classes of applicants that may make a claim for reasonable provision from the deceased鈥檚 estate under the Inheritance (Provision for Family and
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This Practice Note deals with filing and issuing a聽claim聽form聽in a claim under CPR 7. For information on claims issued under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note:聽CPR Part 8 claims (alternative procedure for claims).This Practice Note should be read in conjunction with Practice Note: Claim form鈥攖he contents.For information on issuing and filing a claim in the County Court, also see Practice Note: Starting civil claims in the County Court.For information on which court to issue the claim in, see Practice Note: Where to start a civil claim.For information on serving the claim form, see:鈥n England and Wales鈥擲ervice in England and Wales鈥攐verview鈥utside England and Wales鈥擯ractice Note: Cross-border service鈥攁 guide for dispute resolution practitionersWhere to file the claim formFor information on the correct claim form to use, see Practice Note: Claim form鈥攖he contents鈥擶hich claim form?The claim form, once completed, will need to be filed with the court in which you have chosen to issue the proceedings, together with a request that the...
This Practice Note considers the current position and provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions鈥攕ee: Court specific guidance.This Practice Note provides guidance on drafting the claim form. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and the methods for filing statements of case.This Practice Note deals with the contents of a claim form in a claim brought under CPR 7. For information on claims issued under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims).What is a claim form?A claim form is the document used to start proceedings and contains information relevant to the proceedings including the court reference number to be...
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Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement鈥攑ro-buyer鈥攃orporate seller鈥攃onditional鈥攍ong form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...
Property indemnity clause for insertion into a share purchase agreement Indemnity clause
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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a 鈥榗ontroller鈥 of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as 鈥榩ersonal data鈥, 'processing', 'data subject' and 鈥榗ontroller鈥, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights鈥攁ccess, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a 鈥榮ubject access request鈥 (or a 'SAR' or 'DSAR'). In order to assist...
If administrators of a policyholder did not notify insurers of a claim against the policyholder within the 28-day time limit stated in the policy, can insurers reject cover? It is assumed that the claim would otherwise trigger cover under the insurance policy and that it is a liability insurance policy. Under a liability insurance policy, a notification clause is framed as a condition precedent to indemnity under the policy, to allow insurers to investigate the claim at an early stage. In the absence of a clause allowing for extended reporting of claims notifications, an insurer can rely on a breach of a condition precedent to deny liability, regardless of whether insurers have suffered any prejudice. See Practice Note: Liability insurance鈥攏otification of claims and circumstances and defence of claims. It should be noted that the purpose of section 11 of the Insurance Act 2015 relates to terms that define the risk as a whole, and it is to prevent insurers from relying on a breach unconnected to the...
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Law360, London: There is a 'severe' cyber-protection gap among small and midsized businesses (SMEs) in the UK, a trade body for the insurance sector has warned as it urged companies to reassess whether they are too small to fall victim to an attack.
Banking & Finance analysis: This News Analysis provides a summary of the cases we have alerted in Banking & Finance for December 2024 and January 2025.
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