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A party has the right to inspect, and to obtain a copy of, any disclosed document, subject to certain exceptions.
Inspection of documents is governed by CPR Rule 31. The exceptions to the obligation to give inspection of disclosed documents, including privilege, are set out in CPR Rule 31.3.
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Option agreements鈥攁cting for the buyer鈥攃hecklist Call or put option? In a 'call' option the buyer will have control in that it may call for a transfer of the property. A 'put' option gives the seller control in that it can require the buyer to take a transfer of the property and therefore the buyer should be especially vigilant in ensuring that the terms for the transfer (particularly those relating to valuation and, if appropriate, insurance) are as favourable as possible. Seller's charges If the property is already mortgaged at the date of grant of the option agreement, there is a risk that the mortgagee may overreach the option by exercising its power of sale. Therefore ensure that the mortgagee either: 鈥 joins into the agreement (this is rare in practice), or 鈥 provides written consent to the granting of the option In either case, the mortgagee should confirm that if the buyer exercises the option it will acquire the property free from the charge or, if the mortgagee...
Commercial contract review and execution (business personnel)鈥攃hecklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review鈥攃hecklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...
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Grounds for objecting to inspectionA party is (generally) entitled to inspect documents which:鈥ave been disclosed to them pursuant to CPR 31.3鈥攕ee Practice Note: 顿颈蝉肠濒辞蝉耻谤别鈥攊苍蝉辫别肠迟颈辞苍鈥ave been mentioned in a statement of case, witness statement, etc鈥攕ee Practice Note: 顿颈蝉肠濒辞蝉耻谤别鈥攊苍蝉辫别肠迟颈辞苍鈥擨nspection of documents referred to in statements of case, witness statements鈥ave been mentioned in an expert report under CPR 35.10(4)鈥攕ee Practice Note: 顿颈蝉肠濒辞蝉耻谤别鈥攊苍蝉辫别肠迟颈辞苍鈥擶hat can be inspected?However, on occasion, the disclosing party may have a duty or entitlement to withhold some of those document from inspection under CPR 31.3(1)(b) and CPR 31.19(3).A number of grounds for objecting to inspection exist, including:鈥he documents are irrelevant and therefore not disclosable鈥攕ee Practice Notes: Disclosure鈥攕tandard disclosure and the reasonable search and Disclosure: practical tips on conducting a reasonable search (standard disclosure) [Archived]鈥he documents no longer under the disclosing party's control鈥攕ee below鈥t may be disproportionate to the issues in dispute to permit inspection of a certain category of documents鈥攕ee below鈥our client may be able to withhold inspection on the basis that the documents are privileged鈥攕ee below鈥our client may be able...
This Practice Note provides guidance on the scope of inspection in the context of disclosure under Part 31 of the CPR in civil litigation proceedings.ADVISORY NOTE this Practice Note refers to Retained Regulation (EU) 2016/679 (UK GDPR).which came into force In England and Wales on IP completion day ( 31 December 2020 at 11pm). For background, see Practice Note: Brexit鈥攊mplications for data protection [Archived].This Practice Note 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 aware of additional provisions鈥攕ee: Court specific guidance.This Practice Note should be read in conjunction with Practice Notes:鈥isclosure鈥攑reparing the list of documents鈥isclosure鈥攇rounds for objecting to inspection under CPR 31.19鈥攆or information on the grounds on which a disclosing party may have a duty or right to withhold documents from inspectionThis Practice Note does not address disclosure and inspection requirements under the disclosure scheme operating in the Business and Property Courts. For information on that, see: Disclosure...
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Distribution agreement鈥攏on-exclusive鈥攕hort 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 鈥 has the meaning given in Article 8(7) of VABEO; Affiliate 鈥 means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where 鈥渃ontrol鈥 means the beneficial ownership of...
Letter of claim鈥攑eer-to-peer copyright infringement Letter of claim [Alleged infringer鈥檚 name and address] [Date] Dear [insert organisation name] Copyright infringement: [Name and description of copyright works] We are writing on behalf of [name and address of client] (鈥榦ur client鈥). We are writing to you about your activities and actions, which amount to an infringement of our client鈥檚 copyright. [Name of client] Our client operates in [describe: eg the computer games industry; what the copyright owner does; who in the company produces the copyright works, if relevant, how they are employed and what the copyright work is. Define or give the name of the copyright work]. Our client is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of copyright in the copyright work, a copy of which is available for inspection at our offices on request. [In accordance with section 11(2) of the Copyright Designs and Patents Act 1988 (CDPA 1988), our client owns the copyright subsisting in the copyright work because it is...
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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): 鈥 setting out the extent of the search undertaken to locate documents to be disclosed 鈥 certifying that the party giving disclosure understands the duty to disclose documents 鈥 certifying to the best of his knowledge he has carried out that duty Unless the parties have agreed in writing that...
What statutory registers are LLPs required to maintain? The Companies Act 2006 (CA 2006) as applied to limited liability partnerships (LLPs) by the Limited Liability Partnerships (Application of Companies聽Act聽2006) Regulations 2009, SI 2009/1804 (2009 Regulations) requires LLPs to keep the following statutory registers: 鈥 a register of members 鈥 a register of members' residential addresses 鈥 a register of people with significant control (PSC register) The register of members and the PSC register must be kept available for inspection: 鈥 at the LLP鈥檚 registered office, or 鈥 at a single alternative location (SAIL), which must be in the same part of the United Kingdom (England and Wales, Scotland and Northern Ireland) as the registered office of the LLP The register of members must
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This week's edition of Property weekly highlights includes: a Supreme Court decision on the qualifying period for adverse possession, cases on adverse possession and death, consideration for interim access under the Telecoms Code, overriding interests, discharge of obsolete restrictive covenants and service charges for substandard work, plus an update on Law Commission recommendations.
This week's edition of Property Disputes weekly highlights includes: a Supreme Court decision concerning the qualifying period for adverse possession, the progress of the Renters鈥 Rights Bill, Upper Tribunal decisions where nominal consideration only was awarded for survey access under the Electronic Communications Code, the discharge of an obsolete personal covenant and the remission of a service charge dispute back to the First-tier Tribunal due to the lack of explanation regarding the reasonableness of the amounts charged. It also includes a High Court decision that a mortgage took priority over the interest of a defendant who was not in actual occupation, the Master of Rolls鈥 speech on the Digital Justice System and the Royal Institution of Chartered Surveyors鈥 practice alert on expert witness standards in housing disrepair cases.
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