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Website terms and conditions for supply of services to consumers—checklist

Website terms and conditions for supply of services to consumers—checklist This Checklist sets out the essential points that should be considered when drafting or updating online terms and conditions for the supply of services to consumers. It should be used where a lawyer wants to make sure that such terms and conditions comply with consumer protection legislation (and any guidance issued under it). This Checklist should be used in addition to the following: • Key consumer information requirements—checklist • Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist • Consumer cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—Services—Flowchart • General information to be disclosed by e-commerce websites—checklist • Drafting consumer contracts—checklist For a discussion on the key legal issues to consider when designing and developing a business-to-consumer (B2C) e-commerce website for trading with consumers, see Practice Note: Business to consumer e-commerce—legal issues. Introduction Businesses that transact with consumers are subject to more onerous legislative requirements and, consequently, need to pay close...

Taking security—fixed charge—checklist

Taking security—fixed charge—checklist Scope of this Checklist This Checklist sets out the factors to consider when a company is proposing to grant a fixed charge. It assumes that an English or Welsh company will be granting a number of fixed charges to a lender situated in England or Wales. In this Checklist: • the company granting the fixed charge is called the 'chargor' • the entity to which the charge is granted is called the 'chargee', and • the document containing the fixed charge is called the 'security document' Fixed charges can be granted in a standalone security document or form part of the security created by a debenture (see: Documentation required to create a fixed charge below). For more information, see: Practice Note: Fixed and floating charges. Preliminary questions before taking security by way of a fixed charge • Is a fixed charge the appropriate method of taking security? ◦ A fixed charge can be granted by a company, limited liability partnership and other bodies corporate. It can also...

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Forming a limited liability partnership

A limited liability partnership (LLP) is a body corporate which is formed under the Limited Liability Partnerships Act 2000 (LLPA 2000). The majority of law applicable to LLPs is actually modified company law rather than partnership law (see Practice Note: The nature of a limited liability partnership and its legal framework). The requirements for incorporation are set out in the LLPA 2000 and the Companies Act 2006 (CA 2006), as modified by the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (LLP (Application of CA 2006) Regs 2009). The process for incorporating an LLP is very similar to the procedure for company incorporation.How to incorporate an LLPThere are three requirements for the incorporation of an LLP:•two or more persons associated for carrying on a lawful business with a view to profit must have subscribed their names to an incorporation document•the incorporation document must have been delivered to Companies House, and•there must also be delivered to Companies House a statement that the first requirement (ie to have two or...

Limited liability partnership agreements

It will almost always be advisable for the partners of a limited liability partnership (LLP) to enter into a limited liability partnership agreement in order to avoid the application of any inappropriate default provisions in the Limited Liability Partnerships Act 2000 (LLPA 2000) or to supplement the statutory provisions where they are insufficient.Default provisionsThe Limited Liability Partnerships Regulations 2001 (LLPR 2001) set out default provisions that will apply to the operation of an LLP in the absence of any specific agreement to the contrary. These are as follows:•all members share equally in the capital and profits of the LLP (losses are not included in this provision as an LLP, as a body corporate separate from its members, bears its own losses)•the LLP must indemnify any member for payments and liabilities incurred in the ordinary and proper conduct of the LLP’s business or in or about anything necessarily done for the preservation of the LLP’s business or property•every member may take part in the management of the LLP’s business•no member is...

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Deed of retirement from partnership

Deed of retirement from partnership This Deed of retirement is made on [insert day and month] 20[insert year] Parties 1 [Insert name of retiring partner] of [insert address] (Retiring Partner), and 2 The persons whose names and addresses are set out in Schedule 1 (Continuing Partners). Recitals: (A) The Partners have been carrying on business in partnership under the terms of the Partnership Agreement. (B) The Retiring Partner is to retire from the Partnership on the Retirement Date. (C) The provisions of this deed shall apply to the retirement of the Retiring Partner in place of any provisions of the Partnership Act 1890 and the Partnership Agreement that would otherwise apply to the retirement of the Retiring Partner. The parties agree: 1 Definitions and interpretation 1.1 In this deed: Accountants • means [insert name of Partnership's accountants] or such other firm of accountants as may be appointed to replace them in accordance with the provisions of the Partnership Agreement; Accounting Date • means [insert Partnership accounting date]; Accounting...

Privacy notice for trustees—UK GDPR compliant

Privacy notice for trustees—UK GDPR compliant We take your privacy very seriously. Please read this privacy notice carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint. We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR). [We are also subject to the EU General Data Protection Regulation (EU GDPR) in relation to individuals [and our wider operations ]in the European Economic Area (EEA)]. Key terms It would be helpful to start by explaining some key terms used in this notice: We, us, our [Insert full legal name of all the trustees or, if the trustees are a professional firm, insert the firm’s name (if acting...

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Private Client weekly highlights—1 May 2025

This week’s edition of Private Client highlights includes: (1) Hubbard v Hubbard, where the lack of credible evidence resulted in the disallowance of a claim for trustee expenses; (2) NHS South East London ICB v JP & the Royal Hospital for Neuro-Disability, which considered issues of dignity, delay, and declarations on best interests; (3) R (YVR) v Birmingham City Council, a decision involving adult social care charging policies, the public sector equality duty, and severely disabled adults; (4) HMRC publishes Tax update spring 2025; (5) CIOT’s response to the consultation on reforms to agricultural property relief and business property relief concerning their application in relation to trusts; (6) Patel v Patel, where the High Court resolved a dispute between two executors over the funeral arrangements for their father, and (7) the Courts and Tribunals Judiciary publishes updated AI guidance and introduces Copilot Chat for judges.