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MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

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Inheritance (Provision for Family and Dependants) Act 1975 applicant—flowchart

Inheritance (Provision for Family and Dependants) Act 1975 applicant—flowchart This flowchart deals with the classes of applicants that may make a claim for reasonable provision from the deceased’s estate under the Inheritance (Provision for Family and

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Claim form—filing and issuing

This Practice Note deals with filing and issuing a claim form in a claim under CPR 7. For information on claims issued under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims).This Practice Note should be read in conjunction with Practice Note: Claim form—the contents.For information on issuing and filing a claim in the County Court, also see Practice Note: Starting civil claims in the County Court.For information on which court to issue the claim in, see Practice Note: Where to start a civil claim.For information on serving the claim form, see:•in England and Wales—Service in England and Wales—overview•outside England and Wales—Practice Note: Cross-border service—a guide for dispute resolution practitionersWhere to file the claim formFor information on the correct claim form to use, see Practice Note: Claim form—the contents—Which claim form?The claim form, once completed, will need to be filed with the court in which you have chosen to issue the proceedings, together with a request that the...

Claim form—the contents

This Practice Note considers the current position and 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 mindful of additional provisions—see: Court specific guidance.This Practice Note provides guidance on drafting the claim form. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and the methods for filing statements of case.This Practice Note deals with the contents of a claim form in a claim brought under CPR 7. For information on claims issued under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims).What is a claim form?A claim form is the document used to start proceedings and contains information relevant to the proceedings including the court reference number to be...

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Warranty limitations—pro-seller—share purchase agreement

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...

Property indemnity for a share purchase agreement

Property indemnity clause for insertion into a share purchase agreement Indemnity clause

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Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

If administrators of a policyholder did not notify insurers of a claim against the policyholder within the 28-day time limit stated in the policy, can insurers reject cover?

If administrators of a policyholder did not notify insurers of a claim against the policyholder within the 28-day time limit stated in the policy, can insurers reject cover? It is assumed that the claim would otherwise trigger cover under the insurance policy and that it is a liability insurance policy. Under a liability insurance policy, a notification clause is framed as a condition precedent to indemnity under the policy, to allow insurers to investigate the claim at an early stage. In the absence of a clause allowing for extended reporting of claims notifications, an insurer can rely on a breach of a condition precedent to deny liability, regardless of whether insurers have suffered any prejudice. See Practice Note: Liability insurance—notification of claims and circumstances and defence of claims. It should be noted that the purpose of section 11 of the Insurance Act 2015 relates to terms that define the risk as a whole, and it is to prevent insurers from relying on a breach unconnected to the...

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Representative actions in copyright infringement claims (Getty Images v Stability AI)

IP analysis: This judgment considers CPR Part 19 representative actions in the context of copyright infringement claims, particularly those that involve alleged infringement of a very large number of works owned by different entities. The court decided that one Claimant, Thomas M Barwick Inc (Barwick), could not act as a representative for a class of individuals (who had licensed copyright works on similar terms to Getty, with the other claimants being members of the Getty corporate group) due to an unclear class definition and issues with how the claim would be case managed. The judgment emphasises the necessity of a clear, outcome-independent class definition and a common interest among class members under CPR 19.8. The court also dismissed an informal application under CPR 19.3 to proceed without joinder of all interested parties, stating there was insufficient evidence to address whether there was potential prejudice to the defendants, though it did not shut out a further application under CPR 19.3 supported by appropriate evidence, and such an application was not precluded...

DIFC Courts reports significant growth in case activity and digital services for 2024

The Dubai International Financial Centre (DIFC) Courts has released its 2024 case activity report, revealing growth across various divisions. The total value of claims reached AED 7.7bn, with a 10% increase in overall case numbers. The Courts of First Instance saw an average claim value of AED 103.3m, while the Arbitration Division recorded claims totalling AED 6.8bn. The Small Claims Tribunal experienced a 13% rise in claims, processing 592 cases. Enforcement claims increased by 8% year-on-year. The DIFC Courts continued its digital transformation, issuing 1,942 digital orders and 174 digital judgments, with 99% of hearings conducted via digital platforms. Additionally, the Wills Service saw a 21% increase in registrations, and there was notable growth in registered law firms and practitioners.