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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...

UK MiFID II regime—timeline

UK MiFID II regime—timeline This timeline shows key developments relating to the UK provisions which implemented the recast Markets in Financial Instruments Directive 2014/65/EU (MiFID II) and Assimilated Regulation (EU) 600/2014 (UK MiFIR) (together, the UK's MiFID II framework). For earlier developments, see: Markets in Financial Instruments Directive (MiFID II) and Markets in Financial Instruments Regulation (MiFIR)—timeline (2007–2023) [Archived]. For key developments relating to the EU’s MiFID II framework, see: EU Markets in Financial Instruments Directive (MiFID II) and Markets in Financial Instruments Regulation (MiFIR)—timeline. 2025 Date Source Document Description 3 April 2025 FCA PS25/2: Derivatives trading obligation and post-trade risk reduction services The Financial Conduct Authority (FCA) has published policy statement PS25/2 on the derivatives trading obligation (DTO) and post-trade risk reduction services. It sets out feedback to CP24/24 and the FCA’s final rules on the classes of SOFR OIS (secured overnight financing rate overnight index swaps) subject to the derivatives trading obligation (DTO) and the framework for post-trade risk reduction services which aims to ensure investment firms...

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Notices—commercial contracts

PurposeA notices clause is often included in an agreement to ensure that each party has certainty and clarity in relation to formal communications between the parties and the giving of notices to, and the receipt of notices from, the other parties to the agreement. In the absence of a notices clause, default statutory provisions may apply (see Statutory provisions below).Nugee LJ, in the Court of Appeal decision in Khan v D’Aubigny has commented that a notice can include a document which conveys information as well as one which exercises a right. Further, it is generally understood as referring to a notice in writing and having an air of formality, although no particular form or language is required.Compliance with a notices clause is likely to be essential in a number of different contractual scenarios. It is commonly relevant, for example, when extending (or preventing the extension of) the term of a commercial contract or if informing the other party of a dispute, breach of warranty or an indemnity claim.The courts have...

Terminating commercial contracts

Termination—contractual and common law rightsAs commercial lawyers, we are used to being instructed to advise in connection with the formation of a commercial relationship. Even if, like family lawyers drafting pre-nuptial agreements, we anticipate the consequences of the end of the relationship, it is only in more recent economic times that we are being asked more frequently how to break the relationship in the first place.It is important to remember that rights to terminate a contract may arise at common law (for example, in the event of repudiatory breach) and under the express terms of the contract. Where an agreement is silent as to contract termination, in the event of a dispute, the courts will apply common law principles. To avoid uncertainty, parties often include express contractual clauses which provide for the termination of a contract. In general, contractual rights to terminate are in addition to, and not in substitution for, common law rights. Absent express wording to the contrary, the ordinary assumption is that a contractual right to terminate...

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Consultancy agreement—company and individual—pro-client (short form)

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...

ET3 grounds for resisting claim—religion or belief: direct or indirect discrimination, harassment

ET3 grounds for resisting claim—religion or belief: direct or indirect discrimination, harassment [Insert in para 6.1 of response form ET3:] 1 Paragraph 1 of the Grounds of Claim is admitted. 2 It is admitted that on or about [insert date], the Respondent announced the introduction of a new rolling shift system which would require all poultry processors to work on Sunday one week in every four and that the Claimant objected to the new system on the basis that she attends religious services every Sunday. It is admitted that the Respondent has implemented the new shift system. 3 The new shift system was a proportionate means of achieving a legitimate aim. The Respondent had to introduce Sunday working in order to ensure that its poultry business remained profitable and to avoid closing down that part of its operations. A questionnaire circulated amongst employees on or about [insert date] revealed that very few wanted to volunteer for Sunday shifts for a variety of reasons including family and other...

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Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure?

Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure? In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ)....

When issuing a claim form (for a debt matter) where the defendant is a company based in Jersey, the court has advised we need to provide a completed Form N510 but they cannot advise which box to tick. How is Jersey classed?

When issuing a claim form (for a debt matter) where the defendant is a company based in Jersey, the court has advised we need to provide a completed Form N510 but they cannot advise which box to tick. How is Jersey classed? Jersey is part of the Channel Islands. The islands are a crown dependency. Form N510 can only be used where permission of the court is not required to serve a claim form out of the jurisdiction. it is therefore important to determine whether the court’s permission is required to serve the claim form in Jersey. Permission is not required if any of the provisions in CPR 6.33 apply. Where proceedings were issued prior to 31 December 2020 at 11 pm, permission will not be required if the provisions in CPR 6.33(2) apply. These cover proceedings in which: • the defendant is not a consumer, but is a party to a consumer contract within Article 17 of the Judgments Regulation • the defendant is an...

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DHSC publishes notice for mandatory data submission from adult social care providers

The Department of Health and Social Care (DHSC) has published a notice mandating that CQC-regulated adult social care providers submit specific data via the Capacity Tracker (CT) on a monthly basis, as required under section 277A of the Health and Social Care Act 2012. This includes information on care home bed vacancies, workforce resourcing, and vaccination statuses. Non-compliance may lead to financial penalties under the Adult Social Care Information (Enforcement) Regulations 2022. Providers will receive support if they fail to update the required information, with enforcement action for persistent breaches (updates must be made within a specified seven-day reporting period). The department commits to providing at least three months' notice before any changes to data requirements become mandatory.

Commentary on the Water (Special Measures) Act 2025—Policy statement

Environment analysis: The Water (Special Measures) Act 2025 is a major piece of legislation that significantly strengthens regulation of the water industry in England and Wales. It was enacted in response to dissatisfaction with the conduct and performance of water and sewerage undertakers in England and Wales. It grants enhanced enforcement powers to regulators, mandates the monitoring of sewage outlets and places new statutory requirements on water companies to publish a pollution incident reduction plan. Written by Dr Michael J. Bowes of Six Pump Court Chambers.

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1139 Service of documents on company

(1)     A document may be served on a company registered under this Act by leaving it at, or sending it by post to, the company's registered office.(2)     A document may be served on an overseas company whose particulars are registered under section 1046—(a)     by leaving it at, or sending it by post to, the registered address of any person resident in the United Kingdom who is authorised to accept service of documents on the company's behalf, or(b)     if there is no such person, or if any such person refuses service or