Common use of Benefit of the Services Clause in Contracts

Benefit of the Services. 4.1 Unless otherwise agreed in writing, the Barrister’s Services are provided to the Instructing Party as the Barrister's client, acting on behalf of and/or for the benefit of the Lay Client. Subject to the duties of the Barrister and the Instructing Party to the court, the Barrister and the Instructing Party acknowledge and agree that each owes a primary duty to the Lay Client. 4.2 The Barrister acknowledges the existence of a duty of care owed to the Lay Client at common law, subject to his professional obligations to the Court and under the BSB Handbook, and subject also to the limitation of liability provisions in clause 12. 4.3 Subject to clause 4.4, no one other than the Instructing Party and the Barrister has any rights under the Contracts (Rights of Third Parties) Xxx 0000 or otherwise to enforce any provision of this Agreement. 4.4 The Lay Client may enforce this Agreement subject to and in accordance with clause 20 and the provisions of the Contracts (Rights of Third Parties) Xxx 0000. 4.5 The Instructing Party and the Barrister must obtain the consent of the Lay Client before they rescind by agreement this Agreement so as to extinguish or alter the Lay Client's rights to enforce this Agreement. This requirement applies instead of the circumstances set out in section 2(1)(a) to (c) of the Contracts (Rights of Third Parties) Xxx 0000.

Appears in 10 contracts

Samples: Agreement for the Supply of Legal Services, Agreement for the Supply of Legal Services, Agreement for the Supply of Legal Services

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Benefit of the Services. 4.1 Unless otherwise agreed in writing, the Barrister’s Services are provided to the Instructing Party as the BarristerXxxxxxxxx's client, acting on behalf of and/or for the benefit of the Lay Client. Subject to the duties of the Barrister and the Instructing Party to the court, the Barrister and the Instructing Party acknowledge and agree that each owes a primary duty to the Lay Client. 4.2 The Barrister acknowledges the existence of a duty of care owed to the Lay Client at common law, subject to his their professional obligations to the Court and under the BSB Handbook, and subject also to the limitation of liability provisions in clause 12. 4.3 Subject to clause 4.4, no one other than the Instructing Party and the Barrister has any rights under the Contracts (Rights of Third Parties) Xxx 0000 Act 1999 or otherwise to enforce any provision of this Agreement. 4.4 The Lay Client may enforce this Agreement subject to and in accordance with clause 20 and the provisions of the Contracts (Rights of Third Parties) Xxx 0000Act 1999. 4.5 The Instructing Party and the Barrister must obtain the consent of the Lay Client before they rescind by agreement this Agreement so as to extinguish or alter the Lay Client's rights to enforce this Agreement. This requirement applies instead of the circumstances set out in section 2(1)(a) to (c) of the Contracts (Rights of Third Parties) Xxx 0000Act 1999.

Appears in 4 contracts

Samples: Agreement for the Supply of Legal Services, Agreement for the Supply of Legal Services, Agreement for the Supply of Legal Services

Benefit of the Services. 4.1 Unless otherwise agreed in writing, the Barrister’s Services are provided to the Instructing Party as the BarristerXxxxxxxxx's client, acting on behalf of and/or for the benefit of the Lay Client. Subject to the duties of the Barrister and the Instructing Party to the court, the Barrister and the Instructing Party acknowledge and agree that each owes a primary duty to the Lay Client. 4.2 The Barrister acknowledges the existence of a duty of care owed to the Lay Client at common law, subject to his professional obligations to the Court and under the BSB Handbook, and subject also to the limitation of liability provisions in clause 12. 4.3 Subject to clause 4.4, no one other than the Instructing Party and the Barrister has any rights under the Contracts (Rights of Third Parties) Xxx 0000 Act 1999 or otherwise to enforce any provision of this Agreement. 4.4 The Lay Client may enforce this Agreement subject to and in accordance with clause 20 and the provisions of the Contracts (Rights of Third Parties) Xxx 0000Act 1999. 4.5 The Instructing Party and the Barrister must obtain the consent of the Lay Client before they rescind by agreement this Agreement so as to extinguish or alter the Lay Client's rights to enforce this Agreement. This requirement applies instead of the circumstances set out in section 2(1)(a) to (c) of the Contracts (Rights of Third Parties) Xxx 0000Act 1999.

Appears in 1 contract

Samples: Agreement for the Supply of Legal Services

Benefit of the Services. 4.1 Unless otherwise agreed in writing, the Barrister’s Services are provided to the Instructing Party as the Barrister's client, acting on behalf of and/or for the benefit of the Lay Client. Subject to the duties of the Barrister and the Instructing Party to the court, the Barrister and the Instructing Party acknowledge and agree that each owes a primary duty to the Lay Client. 4.2 The Barrister acknowledges the existence of a duty of care owed to the Lay Client at common law, subject to his their professional obligations to the Court and under the BSB Handbook, and subject also to the limitation of liability provisions in clause 12. 4.3 Subject to clause 4.4, no one other than the Instructing Party and the Barrister has any rights under the Contracts (Rights of Third Parties) Xxx 0000 Act 1999 or otherwise to enforce any provision of this Agreement. 4.4 The Lay Client may enforce this Agreement subject to and in accordance with clause 20 and the provisions of the Contracts (Rights of Third Parties) Xxx 0000Act 1999. 4.5 The Instructing Party and the Barrister must obtain the consent of the Lay Client before they rescind by agreement this Agreement so as to extinguish or alter the Lay Client's rights to enforce this Agreement. This requirement applies instead of the circumstances set out in section 2(1)(a) to (c) of the Contracts (Rights of Third Parties) Xxx 0000Act 1999.

Appears in 1 contract

Samples: Agreement for the Supply of Legal Services

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Benefit of the Services. 4.1 Unless otherwise agreed in writing, the Barrister’s Services are provided to the Instructing Party as the BarristerXxxxxxxxx's client, acting on behalf of and/or for the benefit of the Lay Client. Subject to the duties of the Barrister and the Instructing Party to the court, the Barrister and the Instructing Party acknowledge and agree that each owes a primary duty to the Lay Client. 4.2 The Barrister acknowledges the existence of a duty of care owed to the Lay Client at common law, subject to his professional obligations to the Court and under the BSB Handbook, and subject also to the limitation of liability provisions in clause 12. 4.3 Subject to clause 4.4, no one other than the Instructing Party and the Barrister has any rights under the Contracts (Rights of Third Parties) Xxx 0000 or otherwise to enforce any provision of this Agreement. 4.4 The Lay Client may enforce this Agreement subject to and in accordance with clause 20 and the provisions of the Contracts (Rights of Third Parties) Xxx 0000. 4.5 The Instructing Party and the Barrister must obtain the consent of the Lay Client before they rescind by agreement this Agreement so as to extinguish or alter the Lay Client's rights to enforce this Agreement. This requirement applies instead of the circumstances set out in section 2(1)(a) to (c) of the Contracts (Rights of Third Parties) Xxx 0000.

Appears in 1 contract

Samples: Agreement for the Supply of Legal Services

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