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A representation is a statement that is not a term of a contract but if turns out to be untrue may still give rise to a remedy, albeit on a restricted basis.
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DBA checklist—employment tribunal matters This checklist will help assess whether a damages-based agreement (DBAs) for employment tribunal matters complies with relevant legislation and regulatory requirements. It can also be used to assess whether a process for employment DBAs meets regulatory requirements. A: General requirements Complete section A for all damages based agreements (DBAs). If you answer ‘no’ to any question, the proposed DBA may be unenforceable and/or may breach SRA requirements. Requirement Compliant? Additional information Agreement is in writing Yes/No The agreement must be in writing DBA relates to advocacy or litigation services in an employment matter Yes/No DBAs are permitted only for advocacy or litigation services. The definition of proceedings includes any sort of proceedings for resolving disputes (and not just proceedings in a court), whether commenced or contemplated.An employment matter is a matter that is or could become the subject of proceedings before and employment tribunal (see Practice Note: Damages-based agreements—employment tribunal matters—What constitutes an ‘employment matter’) The DBA does not provide for a payment (including VAT)...
Terms and conditions—first time issuer's negotiation checklist What this checklist covers This checklist outlines the key points that a lawyer advising a first time issuer should check and, if necessary, seek to amend when reviewing English law terms and conditions for an issue of debt securities. This checklist contains material relevant to: • secured and unsecured debt securities • debt securities constituted by a trust deed, and • debt securities issued without trust deeds, such as: ◦ debt securities issued under a fiscal agency structure—for information on fiscal agents, see Practice Note: Role of a fiscal agent, and ◦ debt securities constituted by an instrument executed by the issuer (and guarantor, if applicable) without a trustee, of the kind used in issues of mini-bonds (a bond instrument) This checklist should be read together with Practice Note: Terms and conditions—first time issuer's guide, which: • explains the practical aspects of the key individual provisions (conditions) usually found in the terms and conditions of debt securities • compares them with the...
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Grant of probate/administration—flowchart The following flowchart deals with the main steps in the administration of an estate from the time of first
¸é±ð²Ô³Ü²Ô³¦¾±²¹³Ù¾±´Ç²Ôâ€Äì±ô´Ç·É³¦³ó²¹°ù³Ù This flowchart deals with the position where an executor wishes to renounce probate and how this will impact the issue of a grant of representation in the estate. The flowchart also deals with the situation where a proving sole or sole-surviving
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Professional indemnity insurance in construction projects This Practice Note looks at professional indemnity (PI) insurance in the context of construction projects—the requirement to hold insurance, the level and basis of cover and typical wording contained in clauses requiring PI insurance to be maintained. For a wider review of professional indemnity insurance, see Practice Note: Professional indemnity insurance—essentials. This Practice Note refers to a consultant’s obligations to maintain PI insurance, however main contractors and sub-contractors taking on design responsibility will also be required to maintain PI insurance and the principles referred to below also apply to those contractors. A contractor with no design responsibility may not consider it necessary to hold PI insurance, however, in the event that a contractor failed to follow the consultant’s designs, an employer may allege that the contractor made an ‘on-the-spot design decision’, which could trigger a PI policy. For more information, see Practice Note: Design liability in construction contracts—Responsibility for design under different procurement routes (in particular, the section titled ‘Traditional’). Requirement to...
Preparing the application form PA1P/PA1A for probate or letters of administration FORTHCOMING CHANGE: The postal application forms PA1P and PA1A for practitioners introduced on 23 March 2020 were due to be merged with the forms of the same name for lay applicants. If this happens, it may result in some changes to the questions and numbering contained in the forms. See News Analysis: Developments on the new probate application process for practitioners. Requirement for application form or online application Every application for a grant of representation, other than a resealing, must be supported by an appropriate statement of truth. Prior to 27 November 2018, it was necessary for an oath (for executors or administrators) to be sworn in the presence of a commissioner for oaths or an independent solicitor holding a practising certificate. It was also necessary for each applicant and the person before whom the oath was sworn to mark the original Will and any codicil. Separate statements of truth replaced oaths from 27 November...
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Ireland—Notice of an extraordinary general meeting of a private limited company This is a precedent notice of a general meeting of a private company limited by shares. The notice provisions are as follows: • an annual general meeting or an extraordinary general meeting for the passing of a special resolution must be called by giving notice of at least 21 days • any other extraordinary general meeting must be called by giving notice of at least seven days Company number: [insert number] [insert company name] limited (the Company) Notice of Extraordinary general meeting Details of extraordinary general meeting The notice must state the date, time, place and general business of the meeting. Special measures were introduced by the government in August 2020 to mitigate the COVID-19 pandemic’s effect on corporate governance, among the measures introduced was a dispensation which allowed companies in Ireland to hold general meetings virtually, in whole or in part, during the interim period as long as all attendees have a reasonable opportunity to participate...
Special administration—witness statement in support of application for special administration Applicant [NAME OF WITNESS] First Witness Statement Date: [] Exhibit [XX1] Court Reference No: [INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE] BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]] [COMPANY & INSOLVENCY LIST (ChD)] OR [IN THE COUNTY COURT AT [INSERT LOCATION]] [BUSINESS AND PROPERTY COURTS LIST] OR [IN THE HIGH COURT OF JUSTICE] [CHANCERY DIVISION] OR IN THE MATTER OF [INVESTMENT BANK NAME] AND IN THE MATTER OF THE INVESTMENT BANK SPECIAL ADMINISTRATION REGULATIONS 2011 AND IN THE MATTER OF THE INSOLVENCY ACT 1986 _________________________________________ WITNESS STATEMENT OF [WITNESS NAME] ___________________________________________ I, [witness name], director [and chairperson] of [investment bank name] of [investment bank address] WILL SAY AS FOLLOWS: 1 I am [a director and] [the chairperson] of [investment bank address] with company number [company number] (the Company). The Company is a wholly-owned subsidiary of [insert details], a company incorporated in [location]. It is in...
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A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions? Disclosure statement CPR 31.10 sets out the procedure for giving standard disclosure. This requires a party to make a list of documents in the relevant practice form (N265) which includes a disclosure statement (see the annex to CPR PD 31A). CPR 31.10(5) requires a list of documents to include a disclosure statement which should indicate the individual statements listed in CPR 31.10(6): • setting out the extent of the search undertaken to locate documents to be disclosed • certifying that the party giving disclosure understands the duty to disclose documents • certifying to the best of his knowledge he has carried out that duty Unless the parties have agreed in writing that...
Where a document forms a schedule to an agreement, if the document in the schedule is signed rather than being printed as a separate agreement and then signed, is it a valid execution of that document? This question envisages a written agreement, which contains, in a schedule, the form of a further agreement, which the parties may sign on some future occasion. When that occasion arises, the parties simply sign the schedule, rather than printing out a new document in the form of the schedule and then signing it. This question is whether that will constitute a binding contract when executed in such circumstances. The general principle at common law is that a contract can be made quite informally and no writing or other form is necessary. This basic rule is subject to statute, which may require a particular form of contract, eg in writing and/or other formalities. The most obvious examples are contracts for the sale of land (section 2 of the Law of Property (Miscellaneous Provisions) Act 1989) and guarantees...
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Law360, London: The Financial Conduct Authority (FCA) could damage the reputations of businesses and individuals under investigation in cases that it publicises anonymously as an unintended consequence of a new enforcement policy, lawyers have warned.
Tax analysis: In JPMorgan Chase Bank NA the Upper Tribunal (UT) dismissed the company’s appeal and upheld the First-Tier Tribunal (FTT) decision that the supply of intra-group services was a single composite taxable supply and the VAT exemption for financial services did not apply.
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