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A person who is under the age of eighteen.
A minor usually requires a litigation friend to pursue a legal action. Any settlement or award of damages made to a minor is subject to court approval.
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Limited liability partnerships—application of Companies Act 2006 to LLPs—checklist The majority of law applicable to limited liability partnerships (LLPs) is actually modified company law rather than partnership law. The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, SI 2009/1804 (2009 Regulations) apply many parts of the Companies Act 2006 (CA 2006), with appropriate modifications, to LLPs. The 2009 Regulations also apply Parts 1, 2, 3 and 5 of the Companies (Cross-Border Mergers) Regulations 2007, SI 2007/2974 to LLPs. The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008, SI 2008/1911 (2008 Regulations) apply parts of CA 2006 in relation to accounts and audit to LLPs with appropriate modifications. This Checklist sets out those provisions of CA 2006 that are applied to LLPs pursuant to these regulations. Companies Act 2006 (CA 2006), section Statutory instrument applying CA 2006 provision Subject Part 2—Company formation CA 2006, s 12A 2009 Regulations, SI 2009/1804, reg 3A (link accessible within SI 2009/1804, reg 4) (inserted by SI 2016/340, reg 5 and SI...
Ireland—Contract variation—checklist This Checklist sets out the issues to consider when drafting a variation document to vary an underlying agreement. For a ‘how to’ guide on varying commercial contracts which signposts relevant content, see Practice Note: Ireland—How to vary a contract. Parties may consider contract variation for a number of reasons. For template variation documents, see Precedents: • Ireland—Variation agreement • Ireland—Deed of variation Variations can be drafted in letter form and this may be sufficient where the amendments are minor. Duplicate copies of the letter should always be provided and it is important to ensure that it is signed and returned before the variation is due to take effect. See Precedent: Ireland—Letter of variation. If the variation is solely to extend the term of the original contract, see Precedent: Ireland—Letter of extension. This Checklist is intended for use when varying a business-to-business agreement. Issues to consider The table below sets out the issues to consider when varying an agreement, including preliminary considerations, the difference between using a simple contract...
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A child is any person under the age of 18.There are important procedural issues that practitioners must consider in claims involving children. CPR 21 contain the main provisions.If a child is involved in a claim they will usually be the claimant bringing the claim but claims may occasionally be brought against children.Litigation friendsRequirement for a litigation friendIn civil proceedings a child must have a litigation friend to conduct the proceedings on their behalf (unless the court directs otherwise).The only steps that can be taken (without the court’s permission) before the child has a litigation friend are:•issuing and serving a claim form•applying for the appointment of a litigation friendUnless the court orders otherwise, a person may not, without the permission of the court, make an application against a child before proceedings have started, or take any step in proceedings except issuing and serving a claim form or applying for the appointment of a litigation friend, until a litigation friend has been appointed. This includes any application for default judgment—see Practice Notes:...
Social media and user-generated content This Practice Note examines some of the key risks associated with a brand’s usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP). It provides practical guidance on how parties engaged in such activities can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: • online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) • online blogs (eg Twitter (now X), Blogger.com) • online forums (eg Mumsnet, Reddit) • online shops and auctions (eg eBay, Amazon) • online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) • online reference texts (eg Wikipedia) • online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might...
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Phantom share option agreement This AGREEMENT is made on [insert date of execution of the phantom share option agreement] Parties 1 [insert name of company whose shares are relevant to the phantom option] (registered number [insert registered number of company]) whose registered office is at [insert registered address of company] (the Company); and 2 [insert name of option holder] of [insert address of option holder] (the Option Holder) Background (A) The Company has agreed to grant to the Option Holder as at the date of this Agreement a Phantom Option on the terms set out in this Agreement. (B) The Phantom Option provides an entitlement to cash and not shares. 1 Definitions In this Agreement, except where the context otherwise requires, the words and expressions set out below will bear the following meanings, namely: Cash Payment • means the cash sum payable on the exercise of the Phantom Option, which shall be calculated in accordance with clause 6.2; Control • has the meaning given...
Records retention schedule 1 Introduction 1.1 This Record retention schedule accompanies and is incorporated into [insert organisation’s name]’s Records management policy. It sets out the time periods that different types of Business Records (as defined in the Records management policy) must be retained for business and legal purposes. [You do need not read the entire retention schedule, but rather should focus on the types of records relevant to your role.] 1.2 The retention periods in the schedule are based on business needs and legal requirements, including our obligation under data protection law not to keep personal data for longer than is necessary. Once a retention period has expired the data or record should be reviewed and destroyed if it is no longer needed. 1.3 If you maintain any types of records that are not listed in this schedule, and it is not clear from the existing record types in this schedule what retention period should apply, please contact [insert who, eg the Data Protection Officer]...
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When it comes to compliance with the Acas early conciliation (EC) requirement and a claim being accepted by the employment tribunal, if there is a discrepancy between the EC certificate and the claim form in terms of how the respondent is named, must the employment tribunal reject the claim? The early conciliation (EC) requirement (also known as mandatory Acas early conciliation) is an obligation on a prospective claimant to contact Acas with certain information prior to submitting a claim in the employment tribunal. In order to satisfy the EC requirement, a prospective claimant must personally give Acas: • their name and address • the name and address of the prospective respondent by either sending Acas a completed EC form, or by providing the required information by telephone. That is all that is necessary in order to fulfil the statutory requirement. A prospective claimant who is subject to the requirement for EC cannot submit a claim in relation to relevant proceedings in the employment tribunal without first receiving an early conciliation...
Can I ask a customer who has opted out of marketing to opt back in? Introduction Organisations have databases of customers and contacts, many of whom will have opted out of marketing contact, or the organisation may not have a record of their marketing preferences at all. It is tempting for organisations to send an email to, or telephone, the customer or contacts concerned to ask them if they have changed their mind, and to ask them to opt (back) into marketing communications. However, this is likely to lead to enforcement action by the Information Commissioner (ICO). Several organisations have fallen foul of data protection legislation in this area in the past year. The relevant law is contained in the Data Protection Act 1998 (DPA 1998) and the Privacy and Electronic Communications Regulations 2003, SI 2003/2426 (PECR). For more detail, see Practice Note: Direct marketing. Examples of ICO action Flybe An investigation by the ICO found Exeter-based airline Flybe sent more than 3.3 million...
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The minutes of the CPR Committee (CPRC) meeting of 9 May 2025 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including digital markets regulation, statutory appeals, fixed recoverable costs, parole referrals, Welsh language provisions, and public engagement through a question forum.
This week's edition of Environment weekly highlights includes: news analysis on the Department for Environment, Food and Rural Affairs (Defra)'s consultation aiming to refine the biodiversity net gain (BNG) framework to better accommodate minor, medium, and brownfield developments. In addition this week, Defra has announced plans to introduce a Bill by the end of 2025 to enable the UK's ratification of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Treaty, the Office for Environmental Protection (OEP) has filed its written submissions in the appeal of R (Rights Community Action Ltd) and has found potential breaches of environmental law on wild bird protection by Defra and Natural England, and Defra has announced that new provisions under the Water (Special Measures) Act 2025 (W(SM)A 2025) have come into effect, banning bonus payments for senior executives at six water companies.
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