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The monetary compensation awarded by law to a person for the legal wrong done to him.
In the absence of special circumstances, damages are awarded to compensate a claimant, not to punish a defendant.
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CFA checklist—non-personal injury agreements A: General requirements Complete section A for all conditional fee agreements (CFAs) except for personal injury or clinical negligence CFAs which are subject to a separate checklist. If you answer ‘no’ to any question, the CFA you are proposing may be unenforceable and/or you may breach the SRA’s regulatory regime. Requirement Compliant Additional information Agreement is in writing Yes/No The agreement must be in writing CFA relates to advocacy or litigation services Yes/No You can only have a CFA for advocacy or litigation services. CFA does not relate to criminal proceedings, apart from proceedings under section 82 of the Environmental Protection Act 1990 Yes (it does not)/No (it does) CFA does not relate to family proceedings Yes (it does not)/No (it does) Family proceedings are proceedings as listed in section 58(A)(2) of the Courts and Legal Services Act 1990 You are satisfied the CFA is suitable for the client's needs and take account of their best interests Yes/No...
Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...
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Liquidated damages process under JCT Design and Build Contract 2024—flowchart The flowchart below summarises the key steps required in order for an employer to be able to claim or deduct liquidated damages under the JCT Design and Build Contract 2024. Although it focuses on liquidated damages for late completion of the Works, the same steps will apply in relation to late
Liquidated damages process under JCT Design and Build Contract 2011 and 2016—flowchart The flowchart below summarises the key steps required in order for an employer to be able to claim or deduct liquidated
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General damagesThis Practice Note reviews other commonly claimed heads of general damages such as loss of the use of a vehicle damaged in an accident, disruption to a specific holiday, loss of marriage prospects, aggravated damages and damages for unnecessary medical treatment.General damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation. For a more detailed definition, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages?—terminology explained.The most common and important item of general damages is the award for pain and suffering and loss of amenity (PSLA). Within the general damages head of loss, there are additional awards that can fall within this category including:•handicap on the open labour market (Smith v Manchester Award)•loss of congenial employment•loss of use•loss of enjoyment of a holiday•marriage breakdown or loss of marriage opportunities•aggrevated damages•unnecessary medical treatment•all future pecuniary loss, eg future loss of earnings. For further detail on future loss, see Practice Notes: Future loss of earnings—personal injury claims, Loss...
Apportioning damagesAlthough all of the dependants’ claims are brought before the court in a single action, this is done for the sake of procedural/administrative convenience. Each dependant has an individual claim and this means that you will need to calculate their losses independently.Given the fact that multipliers can vary depending on the circumstances of both the deceased and the dependant, the appropriate multiplier may vary between different dependants.What approach will the court take?Usually, a fatal accident claim is brought under both the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) and the Fatal Accidents Act 1976 (FAA 1976). CPR 41.3A means that whenever there is a single sum of money awarded by the court or agreed between the parties in settlement of the case, the court must apportion the damages where there is a claim under:•FAA 1976 and LR(MP)A 1934—the court must apportion the money between the different claims•FAA 1976 and it is made by or on behalf of more than one person—the court must apportion the money between the...
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Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...
Distribution agreement—non-exclusive—short form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where “control†means the beneficial ownership of...
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In the context of the Leasehold Reform, Housing and Urban Development Act 1993 and the Landlord and Tenant Act 1987, where there are two flats in a building does the definition of qualifying tenants require there to be two separate leases or can one long residential lease covering both flats suffice for the purposes of collective enfranchisement or the right of first refusal? Chapter I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows for the collective enfranchisement by qualifying tenants of flats of the premises within which their flats are contained. The process is commenced by the service of a notice (known as the initial notice) under LRHUDA 1993, s 13, whereby the qualifying tenants give notice to the relevant landlord of their claim to exercise the right to enfranchise. LRHUDA 1993, s 5 provides that a person is a qualifying tenant of a flat under a long lease. ‘Long lease’ is defined in LRHUDA 1993, s 7 as being a lease for a term...
Do you have any procedural guidance and/or template claim forms/particulars in connection with a claim for a declaration that an easement exists? The Land Registration Act 2002 (LRA 2002) made major changes to the ways in which easements over registered land are created and protected. If an easement over registered land created since 13 October 2003 (when LRA 2002 came into force) is not protected by entry of a notice then, generally, a buyer of the servient land will not be bound by it. See overview: Easements—overview for further detail. Under LRA 2002, a legal easement can be created only by using prescribed HM Land Registry forms. It is essential to remember that where the easement is created as: • part of a transfer of land, you must use a prescribed HM Land Registry form (usually TP1) • a separate transaction then a deed of grant may be used, but in each case the easement will be ‘perfected’ as a legal easement only if you use the correct application form—AP1....
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PI & Clinical Negligence analysis: Military hearing loss claims are increasingly common. A recent agreement with the MoD has resolved many of the contentious issues, leaving medical causation and quantum to be determined. A trial of the test cases in Abbott v MoD will provide clarity on how to address these issues in future cases. Written by Simon Ellis, partner and head of the Military Department at Hugh James.
This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including the 11th edition of the King’s Bench Guide and the Court of Appeal decision in Freeman v Home Farm Ellingham Ltd (specific performance); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
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