Joint and several liability definition

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What to think about before bringing a private competition action—checklist

What to think about before bringing a private competition action—checklist Is there an actionable claim? Note: private competition actions remain largely regulated by national law and procedural and substantive rules across the EU may vary significantly, therefore assessments in individual jurisdictions will need to be made when planning competition litigation. Possible causes of action • Consider if there is an infringement of UK competition law (or EU competition law prior to the end of the Brexit transition period). ◦ Consider whether the loss suffered can be attributed to an agreement or concerted action between undertakings, especially competing undertakings (see further, The prohibition on restrictive agreements). ◦ Consider whether the loss might have been caused by an entity that is arguably dominant typically with a large share of a relevant market, and could be said to have abused its dominance contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if prior to the end of the Brexit transition period) (see further, The prohibition on abuse of dominance)....

Landlord consent to assignation—Scotland—checklist

Landlord consent to assignation—Scotland—checklist This Checklist sets out the issues that should be considered by a tenant (assignor) of a commercial lease in Scotland. It sets out when landlord consent to assignation is required, whether the landlord is obliged to act reasonably in granting such consent, the form of the consent and assignation and issues that both parties and the assignee should consider in relation to the landlord letter of consent to assignation and the assignation itself. Assignation transfers to the assignee the tenant's (assignor’s) interest in the lease from an agreed date until the termination of the lease. It entitles the assignee to possess the premises on the same terms as the assignor, see: Nature of assignation: Stair's Laws of Scotland (Stair Memorial Encyclopaedia) [290]. A style letter of consent to assignation and a style assignation can be found at the Property Standardisation Group (PSG): PSG Leases—Management Documentation. Must the assignation be in writing? From 1 August 1995, a written document subscribed to by the assignor is required for...

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Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction and is dependent on the intention of the parties as evidenced in the contract. For example, in Rhinegold Publishing v Apex Business Development, statutory demands were served on Rhinegold Ltd, and a related company, Tannhauser Ltd, in the sums of approximately £22,000 and £31,000 respectively. A settlement agreement was subsequently entered into under which the parties agreed to pay the amounts due, but Tannhauser failed to fully do so. Although the settlement agreement was silent on the question of liability, the High Court held that on a proper construction of the agreement, the parties were jointly and severally liable. Rhinegold was therefore required to pay the outstanding sums owed by Tannhauser.Joint liabilityJoint liability arises where two or more persons jointly promise...

Wales: Land transaction tax (LTT)—administration and compliance

Wales: Land transaction tax (LTT)—administration and compliance Land transaction tax (LTT) replaced stamp duty land tax (SDLT) in Wales with effect from 1 April 2018. This Practice Note highlights the administrative and compliance issues in relation to LTT including: • filing returns and payment • managing and collection of LTT by the Welsh Revenue Authority (WRA) • amendment and correction of returns • enquiries • assessments • penalties Where relevant, comparisons between LTT and SDLT are highlighted. The Practice Note expands on the basics of LTT set out in the Practice Note: Wales: Land transaction tax (LTT)—the basics. Provision for LTT is contained in the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (LTTADT(W)A 2017). Statutory references are to the LTTADT(W)A 2017 unless stated otherwise. Administration LTT is administered by the WRA. The WRA is a non-ministerial department of Welsh Government with its own board and staff. The WRA is headquartered in Merthyr Tydfil. LTT returns When a notifiable land transaction has been entered...

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Contract for sale (residential)—sale by mortgagee in exercise of statutory power of sale

Contract for sale (residential)—sale by mortgagee in exercise of statutory power of sale Date [date] Parties 1 [name of mortgagee] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ( Seller); 2 [name of (first) Buyer] [and [name of second Buyer] both] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ([together] Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed; [Buyer’s Solicitors • [name] of [address] (reference [details]);] Completion Date • [date]; [Contents • the items listed in Appendix 3;] [Contents Price • [amount in words] pounds (£[amount in figures]);] Deposit • [figure]% of the Price; [Documents • the documents identified in Appendix 2;] Legislation • all legislation in force in the United Kingdom at any time during the currency of this Agreement, including: (a) Acts of Parliament; (b) orders, regulations,...

Agreement for lease—Unconditional

Agreement for lease—Unconditional date [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Landlord) 2 [name of Tenant] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Tenant) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the grant of the Lease is actually completed; Completion Date • [date]; Completion Money • (a) the amounts apportioned under clause 8.8; [and] (b) [any other money due to the Landlord under this Agreement;] Landlord's Solicitors • [name] of [address] (reference: [details]) [or any other solicitors the Landlord notifies to the Tenant [and the Guarantor] ]; [Landlord's Title • title number [number] [and [number]];] Lease • a lease in the form attached to...

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How can parties be removed from consumer credit agreement regulated secured loans? Is a modification agreement required?

How can parties be removed from consumer credit agreement regulated secured loans? Is a modification agreement required? A joint consumer credit agreement creates joint and several liability for the debtors—see guidance Taking out a joint loan: what you need to know. See also Practice Note: Restrictions on varying or modifying consumer credit agreements, in particular part ‘Modifying agreements—are there any other points to note?’, under section: Restrictions on varying or modifying consumer credit agreements—What additional practical issues do firms need to consider?, which states: ‘Section 82(2) [of the Consumer

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FTT decides that customs agent was secondarily liable for unpaid import VAT (Roseline Logistics Ltd v HMRC)

Tax analysis: In Roseline Logistics Ltd v HMRC (15 April 2025), the First-tier Tax Tribunal (FTT) dismissed an appeal against a post clearance demand note in respect of the improper use of postponed import VAT accounting by a logistics firm.

Private Client weekly highlights—25 November 2021

This week’s edition of Private Client highlights includes: (1) A Local Authority v JB, in which the Supreme Court for the first time considers in detail what it means to have or lack capacity; (2) The DHSC publishes adult social care charging reform documents to Build Back Better plan; (3) A v M, which provides clear guidance on the treatment of private equity funds during financial remedy proceedings, including how to calculate the marital element to be shared; (4) HMRC publishes its Agent Update for November 2021; (5) JTC Employer Solutions Trustees v Khadem, which concerns the rescission of a member's entitlement to a pension lump sum on the grounds of mistake; (6) HMCTS announces a new publication and information service, and (7) The European Parliament Think Tank discusses UK’s possible re-joining of Lugano Convention.