Terms & Conditions

Last updated May 2024

 

Jump to subscriptions terms

 

By using www.thecaterer.com you are agreeing to the terms and conditions of the site.

It is important that you review these terms and conditions from time to time. Notifications of any changes and updates made to these terms will be published here.

1. Your Responsibilities

1.1 When posting or reading you agree:

1.1.1 to keep your user name and password secure at all times and to contact us immediately at info@thecaterer.com if you have reason to believe that they may no longer be secure;

1.1.2 not to use any other user’s identity to log on to thecaterer.com;

1.1.3 to accept full responsibility for any material you place on thecaterer.com;

1.1.4 only to use thecaterer.com for lawful purposes;

1.1.5 not to post defamatory, abusive, offensive, racist, sexist, threatening, vulgar, obscene, hateful or otherwise inappropriate comments, or to post comments which will constitute a criminal offence or give rise to civil liability, on thecaterer.com;

1.1.6 not to use thecaterer.com to solicit other users to become users of competitive online services, to advertise or offer to sell any goods or services for any commercial purpose, or to promote any surveys, contests or chain letters without the express written permission of thecaterer.com;

1.1.7 not to post or make available any material which is protected by copyright, trade mark or other proprietary right on thecaterer.com without the express permission of the owner of the copyright, trade mark or any other proprietary right and you will be solely liable for any damages resulting from any infringement of the above. If you believe that any materials on this website infringe your copyright or trademark, you may request that they be removed. This request must be emailed with your name, address and telephone number along with any supporting information. For copyright issues relating to this website, please email: info@thecaterer.com:

1.1.8 not to upload to thecaterer.com files that contain viruses or files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information in the possession of thecaterer.com or any third party, and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person’s software, hardware or telecommunications equipment;

1.1.9 to evaluate for yourself the accuracy, completeness or usefulness of any opinion, advice or other content on thecaterer.com;

1.10 that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

2. Monitoring

2.1 When users submit material to thecaterer.com it is posted automatically. If our attention is drawn to problematic material we may edit or remove any material which we deem to be inappropriate without giving reason or notice. Thecaterer.com has a right but not an obligation to monitor user-posted content.

2.2 If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on info@thecaterer.com.

If you wish to complain about any other content, please contact us on info@thecaterer.com.

2.3 We may temporarily or permanently deny any user’s access to thecaterer.com without reason or notice.

2.4 We may refer any matter to a law enforcement agency or Court of competent jurisdiction where we consider a matter is of a criminal or unlawful nature.

3. Public Content Posted to thecaterer.com

3.1 With respect to content you elect to post for inclusion in publicly accessible areas of thecaterer.com, including but not limited to comments, feedback, opinions, statements or material contained in any communication with this website (“Content”), you grant Travel Weekly Group Ltd a world-wide, royalty free, perpetual and non-exclusive license to reproduce, modify, adapt, and publish such Content. Such Content may be used without compensation at the sole discretion of Travel Weekly Group Ltd.[CH1] 

4. Your Identity and Licence

4.1 You acknowledge that (except where explicitly stated) materials shared on thecaterer.com are not private and can be viewed by everybody who visits thecaterer.com, that other users will be able to identify (by username) who has posted each piece of material and that the username (and any profile details they have provided) of who is logged on to thecaterer.com at any given time may be visible to all users.

4.2 You should log off thecaterer.com when you have finished posting to prevent anyone else accessing the site and using your log-on identity. This is particularly important where other people may use the same computer as you, such as in internet cafes. If you do not log off, you may be deemed to be the person viewing or posting material unless you can prove otherwise.

4.3 We reserve the right to reveal your identity and contact details to third parties if we believe that you may have breached any of the Terms.

4.4 For your own safety and security, we recommend that you do not disclose personal information such as your password, credit card number, home address, email address, phone number etc., on thecaterer.com.

4.5 By posting material on thecaterer.com, you grant all other users the right to obtain access to such material and to view, store and reproduce them for personal use.

5. Intellectual Property

5.1 We are the owner and/or the licensee of all intellectual property rights inherent in thecaterer.com, and in the material published on it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on thecaterer.com shall give effect to any transfer of such intellectual property rights from us to you.

5.2 Your sole right to use the intellectual property inherent in thecaterer.com is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access thecaterer.com and to peruse its contents.

5.3 You may print off one copy, and may download extracts, of any page(s) from thecaterer.com for your personal use and you may draw the attention of others within your organisation to content posted on thecaterer.com.

5.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.5 Our status (and that of any identified contributors) as the authors of content on thecaterer.com must always be acknowledged.

5.6 You must not use any part of the content on thecaterer.com for commercial purposes without obtaining a licence to do so from us or our licensors.

5.7 If you print off, copy or download any part of thecaterer.com in breach of these terms of use, your right to use thecaterer.com will cease immediately and you must, at our option, return or destroy any copies of the materials you have made

6. Limitation of Liability and Exclusion of Warranties

6.1 You acknowledge that the author of each posting on thecaterer.com is responsible for their comments.

6.2 Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted on thecaterer.com.

6.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, thecaterer.com;
use of or reliance on any content displayed on thecaterer.com;
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
6.4 We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on thecaterer.com and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.

6.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

7. Indemnity

7.1 You acknowledge that you are responsible for any Content that you post on thecaterer.com and that if you breach any of the Terms you may be personally liable to any third party that suffers harm as a result.

7.2 You agree to indemnify and keep indemnified us, our successors and assigns, our directors, trustees, officers, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of the Terms.

7.3 The indemnity detailed in clause 7.2 includes your use of the information you read in thecaterer.com, together with any introduction or collaboration that you enter into as a result of participating in thecaterer.com.

8. Disclaimer

8.1 Links to other sites are accessed at your own risk and thecaterer.com accepts no liability for any linked sites. When you access another web site, please understand that it is independent and thecaterer.com has no control over the content of that web site. Further, a link to a third party website does not mean that thecaterer.com endorses or accepts any responsibility for the content or the use of such website. Users must take their own precautions to ensure that what is selected for use is free of such items as viruses and other items of a destructive nature.

9. We May Suspend or Withdraw thecaterer.com

9.1 We do not guarantee that thecaterer.com, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of thecaterer.com for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

10. Advertising/Sponsorship

10.1 Inclusion of any material in advertisements or sponsors’ materials on this website does not constitute any guarantee or endorsement as to the quality or value of any of the products advertised or any claims made for the product by the manufacturer. Any correspondence or dealings which you may have with advertisers or sponsors promoting themselves on this website are solely between you and that party. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on the web site.

11. Events Outside Our Control

11.1 We will not be liable or responsible for any failure to perform, or delay in performance or, any of our obligations under these terms of use that is cause by an Event Outside Our Control (as defined in the paragraph below).

11.2 An “Event Outside Our Control” means: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, interruption or failure of public or private telecommunications or utility service.

11.3 If an Event Out Our Control takes place that affects the performance of our obligations under these terms of use our obligations under these terms of use will be suspended and the time for performance of our obligations will be extended for the duration of the Even Outside Our Control.

12. Linking to thecaterer.com

12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

12.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.3 You must not establish a link to thecaterer.com in any website that is not owned by you.

12.4 thecaterer.com must not be framed on any other site, nor may you create a link to any part of thecaterer.com other than the home page.

12.5 We reserve the right to withdraw linking permission without notice.

13. NO TEXT OR DATA MINING, OR WEB SCRAPING

13.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
13.2 The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

13.3 This clause 13 shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

14. General

14.1 We reserve the right to modify the Terms at any time without notice.

14.2 You are responsible for ensuring that all persons who access thecaterer.com through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

14.3 We do not guarantee that thecaterer.com will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access thecaterer.com. You should use your own virus protection software.

14.4 The Terms shall be governed by and interpreted in accordance with English law.

15. Privacy

15.1 Please review our Privacy Policy, which also governs your visit to our site.

 

Terms and conditions for CV access

 

Employment agencies and employment businesses

If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 (‘the Act’)) it is your responsibility to ensure that the use you make of information from our candidate database complies with your obligations under the Act and the various regulations made under it, together with any applicable guidelines.

 

These regulations are currently contained in the Conduct of Employment Agencies and Employment Businesses Regulations 2004. You agree to comply with the Act and these regulations as they affect the conduct of your business and the use you make of information on our candidate database.

 

Rights in the database

Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to Travel Weekly Group Ltd. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.

 

Use of the database

The material you are entitled to receive from the candidate database is determined by the product you have purchased from us. On receipt of this material you may:

i. Use, search or download it to your database for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill.

ii. Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through us depending on the product you have purchased) in relation to a specific job vacancy.

iii. Use the information only in connection with your own recruitment-related activities.

You may NOT:

i. Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.

ii. Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies.

 

Data Protection

You must, at all times, comply with the Data Protection Act 2018 and all subsequent legislation and regulations.

 

Deletion of database material

You agree to delete all material from the candidate database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.

 

Dealings with candidates

You agree to deal fairly and professionally with individuals you may contact using information from the candidate database and not do anything which may bring jobs.thecaterer.com/jobs into disrepute. You will indemnify us from and against any claim brought by an individual against us arising from your breach of this obligation or any other of these terms and conditions.

 

Passwords

Passwords are for the sole use of the person to whom they are issued. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions.

 

Contact Us

The Caterer, Travel Weekly Group Ltd, 52 Grosvenor Gardens, London SW1W 0AU

 

Subscription Terms

Who we are and how to contact us

The Subscription Services are provided by the Travel Weekly Group Limited ("we", “us”, “our”). We are registered in England and Wales under company number 06927031 and have our registered office at 3rd Floor 52, Grosvenor Gardens, London, SW1W 0AU.

To contact us, please email support@thecaterer.com.

 

What these terms cover

The terms (“Subscription Terms”) form part of the contract between you and us for the purchase of the Subscription Services. The Subscription Terms govern our provision and your use of the Subscription Services. The Subscription Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade customer, practice or course of dealing. 

 

Who are the parties 

The parties are: us (as the provider of the Subscription Services) and the person who has signed up to use the Subscription Services (“you”, “your”). 

 

If you are a business or other organisation looking to purchase multiple subscriptions for your employees, workers and/or staff, please contact us directly as the Subscription Terms covers use of our Subscription Services by one person. 

 

Our Subscription Services

Our subscription services (“Subscription Services”) grants you access too all digital content available on https://www.thecaterer.com/ (“Website”), including all articles, reports, insights, reviews, news and all other content (together “Subscription Content”) which can be used by you in accordance with the Subscription Terms. 

 

By using our Subscription Services you accept these Subscription Terms

By using the Subscription Services, you confirm that you accept these Subscription Terms and that you agree to comply with them.

 

If you do not agree to these Subscription Terms, you must not use our Subscription Services.

 

We recommend that you print a copy of these Subscription Terms for future reference.

 

There are other terms that may apply to you

These Subscription Terms of use refer to the following additional terms, which also apply to you:

·      Our Privacy Policy: www.thecaterer.com/privacy-policy

·      Our Cookie Policy www.thecaterer.com/cookie-policy which sets out information about the cookies on our Website.

·      Our website terms and conditions www.thecaterer.com/terms-conditions (“Website Terms”), which sets out terms for using the Website other than to access the Subscription Services. 

If there is an inconsistency between any of the provisions of the Subscription Terms and the Website Terms, the provision of the Subscription Terms shall prevail.

 

We may make changes to these Subscription Terms

We amend these Subscription Terms from time to time. Whilst we will endeavour to notify you of any material changes to these Subscription Terms. Every time you wish to use the Subscription Services, please check these Subscription Terms to ensure you understand the terms that apply at that time. 

 

We may make changes to our Subscription Services

We may update and change our Subscription Services from time to time. For instance, we may change the type of Subscription Content we provide to you or we may decide to change way we might charge you to access the Subscription Services. We will give you reasonable notice of any major changes.

 

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party or share access to your account with any third party.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Subscription Terms.

 

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@thecaterer.com.

 

Who can use the Subscription Services

The Subscription Services and the Subscription Content must only be used by you. The Subscription Services are provided on a strict ‘one person per subscription’ policy. 

You are not permitted to share or transfer access to the Subscription Services and/or the Subscription Content with any third party or person, save for as expressly permitted under these Subscription Terms. 

If you do share or transfer access to the Subscription Services and/or the Subscription Content with any third party or person in breach of the Subscription Terms: 

·      we shall be entitled to charge you for each additional person that has access the Subscription Services and/or the Subscription Content at our then current fees and rates; and 

·      you shall be liable for any action or omissions of such unauthorised persons when using the Subscription Services and/or Subscription Content as if they were your own.   

How we charge you for using the Subscription Services

The fee (“Subscription Fee”) for the Subscription Services and the length of your subscription period (“Subscription Period”) for the Subscription Services will be as selected by you from the options available on our Website. 

 

To gain access to the Subscription Services you must pay the Subscription Fee for the initial Subscription Period. To pay, you must follow the on-screen instructions to input your details and provide us with a current valid payment method for the Subscription Fee. 

 

Payments can be made via debit card or credit card (each a “Payment Card”). The Payment Cards which we accept are set out on our Website. All payments are processed by our selected third party processor (currently Stripe) (“Third Party Processor”) and you may be required to accept our Third Party Processor’s terms and conditions in order for them to process your payment. 

 

Your payment of the Subscription Fee is non-cancellable and non-refundable, save for as expressly stated out in these Subscription Terms. 

 

We reserve the right to increase the Subscription Fee at any time at our absolute discretion. We will notify you in advance where we intend to do so by updating the Subscription Fee on our Website and the increased Subscription Fee will take effect on the next Subscription Period. 

 

As we provide the Subscription Services on a subscription basis, you acknowledge and accept that: 

 

·       The Subscription Services will continue to renew at the end of each Subscription Period unless cancelled by you or terminated us in accordance with these Subscription Terms; and 

·       At the start of each Subscription Period, we shall be entitled to charge you for the Subscription Fee in respect of such upcoming Subscription Period using the payment details provided. 

 

You will be billed in GBP. If you do not hold a GBP account, any relevant exchange settlements will be determined by agreements between you and your Payment Card issuer. 

 

If, for any reason, we are unable to collect payment from you using the payment details provided, we reserve the right to: 

·       charge you for any reasonable administrative fees we incur in collecting payment from you; 

·       charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis until the date of actual payment of the overdue amount, whether before or after judgment; 

·       suspend the provision of the Subscription Services without notice or liability to you. 

 

How you can cancel your use of the Subscription Services

 

You have the right to cancel the Subscription Services at any time by notifying us in writing. 

 

If we receive your cancellation notice more than 30 days before the end of the current Subscription Period, then your contract for the Subscription Services will expire at the end of the current Subscription Period. 

 

If we receive your cancellation notice within 30 days or less of the end of the current Subscription Period, your contract for the Subscription Services will automatically renew for the next Subscription Period and your contract for the Subscription Services will expire at the end of the next Subscription Period. If the Subscription Services are renewed, you will be required to pay the Subscription Fee and will be entitled to continue accessing the Subscription Services for the next Subscription Period.  

 

Your right to ‘cancel the contract’ under consumer law during the cooling-off period

 

If you are a consumer user, you accept that we deliver the digital content (i.e. the Subscription Content) to you immediately when you first create an Account and accordingly understand that you will lose your statutory right to change your mind or cancel the contract once you receive the Subscription Content. You still may cancel the contract at any time in accordance with these Subscription Terms. 

 

How you may use material on the Subscription Services

We are the owner or the licensee of all intellectual property rights in the Subscription Services and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off copies, and may download extracts, of any page(s) of the Subscription Content for your use only. Whilst you may not share or provide any of the Subscription Content to others (including any one else in your business or organisation unless they also have purchased the Subscription Services) you may draw the attention of others to the Subscription Content by sharing freely and publicly available parts of the Subscription Content.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

If you print off, copy, download, share or repost any part of our Website in breach of these Subscription Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):

·      Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.

·      Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

 

Information contained in the Subscription Content 

The Subscription Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Subscription Content.

 

Although we make reasonable efforts to update the Subscription Content, we make no representations, warranties or guarantees, whether express or implied, that the Subscription Content is accurate, complete or up to date.

 

We are not responsible for websites we link to

Where any Subscription Content contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

We have no control over the contents of those sites or resources.

 

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

·      We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

If you are a business user:

·      We exclude all implied conditions, warranties, representations or other terms that may apply to the Subscription Services or the Subscription Content.

·      We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

·       use of, or inability to use, our Subscription Services; or

·       use of or reliance on any Subscription Content.

·      In particular, we will not be liable for:

·       loss of profits, sales, business, or revenue;

·       business interruption;

·       loss of anticipated savings;

·       loss of business opportunity, goodwill or reputation; or

·       any indirect or consequential loss or damage.

 

If you are a consumer user:

·      Please note that if you are a consumer you may only use the Subscription Services for domestic and private use, otherwise you will be deemed as a business user. 

·      You agree not to use the Subscription Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

·      If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

How we may use your personal information

We will only use your personal information as set out in our privacy policy: www.thecaterer.com/privacy-policy

 

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Subscription Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 

Which country's laws apply to any disputes?

If you are a consumer, please note that these Subscription Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

If you are a business, these Subscription Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.