Terms & Conditions of Sale

1. Definitions and Interpretation

• 1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

• “Contract”means a contract for the purchase and sale of Goods, as explained in clause 4;

• “Contact Tools”means any online communications facility that we make available on our Site enabling you to contact us including, but not limited to, contact forms and live chat;

• “Goods”means the goods sold by us through our Site;

• “Order”means your order for Goods;

• “Order Confirmation”means our acceptance and confirmation of your Order;

• “Order Number”means the reference number for your Order; and

• “we/us/our”means Dorwest Herbs Limited.

• 1.2 Unless the context otherwise requires, each reference in these Terms of Sales to:

• 1.2.1 “writing”, and any similar term, includes email;

• 1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

• 1.2.3 a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

2. Information About us

• 2.1 Dorwest Herbs Limited is a limited company registered in England and Wales under company number 1928959. Our registered address and main trading address is Parkway Farm Business Park, Middle Farm Way, Poundbury, Dorchester, DT1 3AR.

• 2.2 Our VAT number is 634634929.

3. How to Contact us

• 3.1 To contact us by email, please email us at info@dorwest.com, to contact us by telephone, please call us on 01308 897272, and to contact us by post, please write to us at Dorwest Herbs Limited Parkway Farm Business Park, Middle Farm Way, Poundbury, Dorchester, DT1 3AR.

• 3.2 Please quote your Order Number if you contact us about your Order for any reason. You do not have to do this, but it may help us to locate your Order and help you more quickly and easily.

4. Our Contract with you

4.1 Orders

• 4.1.1 No part of our Site constitutes a contractual offer capable of acceptance.

• 4.1.2 Your Order constitutes a contractual offer by you to us. Our acceptance of that offer is indicated by us sending you an Order Confirmation by email.

• 4.1.3 Only once we have sent you an Order Confirmation will there be a legally binding Contract between us and you for the sale of the Goods.

• 4.1.4 We will also include a paper copy of your Order Confirmation with your Goods.

• 4.1.5 Order Confirmations contain the following information:

• a) Order Number;

• b) Confirmation of the Goods ordered (including details of their main characteristics);

• c) Itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;

• ;d) Estimated delivery date(s).

• 4.1.6 If we cannot process your Order due to incorrect or incomplete information, we will contact you to ask you to correct it or provide the missing information that would be required for us to supply the Goods to you if we accepted your offer.

• 4.1.7 If we have accepted your offer but request further information from you, and you do not provide the required information within a reasonable period of us asking for it, or if the information is inaccurate or incomplete, we may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.

• 4.1.8 We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing us with the required information within a reasonable period of us asking for it.

4.2 How we will accept your Order

• 4.2.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.

• 4.2.2 Orders may also be made by telephone. Please call us using the details given in clause 3.

• 4.2.3 Our acceptance of your Order (whether made online or by telephone) will take place when we email you to accept it, at which point a contract will come into existence between you and us on these Terms of Sale.

4.3 If we cannot accept your Order

• 4.3.1 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Goods. This may be because the Goods are out of stock or because we are unable to meet a delivery deadline you have specified (to name just a few reasons).

5. Access to our Site and use of our Site

• 5.1 Access to our Site is free of charge.

• 5.2 It is your responsibility to make the arrangements necessary in order to access our Site.

• 5.3 We exercise reasonable skill and care to ensure that our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

• 5.4 When contacting us using our Site, you must not communicate, post otherwise submit anything that is sexually explicit, obscene, offensive, hateful or otherwise inflammatory, promotes violence, terrorism or any form of unlawful activity, is defamatory or bullies, insults, intimidates or humiliates another person, discriminates against any person, is calculated or otherwise likely to deceive, impersonates or misrepresents any person, implies any affiliation with us where there is none, infringes or assists in the infringement of the intellectual property belonging to us or any other person or is in breach of any legal duty owed to another party.

• 5.5 We may monitor any and all communications on our Site and may refuse to supply Goods to you if you are in breach of clause 5.4.

6. Changes to these Terms of Sale

• We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements.

7. Goods, Descriptions, and Changes

• 7.1 We make all reasonable efforts to ensure that all descriptions and images of Goods available from us (whether on our Site or in our products brochures) match the actual Goods, but any samples, drawings, descriptive matter or advertising produced by us are for illustrative purposes only, and shall not form part of this Contract or have any contractual force. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions. Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.

• 7.2 Please note that clause 7.1 does not exclude our responsibility for mistakes due to our negligence. It refers only to minor variations in the Goods, not to Goods that were sent to you in error. If you receive Goods that are not as described, please refer to clause 14.

• 7.3 Where appropriate, you may be required to select the required size and number of the Goods that you are purchasing. It is your responsibility to get this right, and we cannot be responsible for any mistakes that you make when placing your order for the Goods.

• 7.4 Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.

• 7.5 Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues, such as changes to advertising requirements or guidance concerning particular ingredients used in the Goods.

• 7.6 Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.

• 7.7 From time to time we may have to vary the containers in which our Goods are supplied. This does not affect the quantity or quality of the product provided.

8. Pricing

• 8.1 We make all reasonable efforts to ensure that prices shown on our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed, save for changes in VAT, as explained below in clause 8.2.

• 8.2 All prices on our Site include VAT. If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

• 8.3 All prices are checked before we accept your Order. If we have shown incorrect pricing information, we will inform you of the mistake in writing.

• 8.4 If the correct price is lower than that shown when you make your Order, we will simply charge you the lower price.

• 8.5 If the correct price is higher than that shown when you make your Order, we will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not accept your Order in this case until you respond. If you do not respond within 48 hours, we will treat your Order as cancelled and inform you of the cancellation in writing.

• 8.6 If we mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, we have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to us.

• 8.7 Delivery charges are not included in the price of Goods shown on our Site. For more information on delivery charges, please refer to /delivery-information/. Delivery options and related charges will be presented to you as part of the order process.

9. Payment

• 9.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.

• 9.2 We will not charge your chosen payment method until we dispatch the Goods.

• 9.3 We accept payment by Credit and Debit Cards – excluding American Express.

10. Delivery and Collection

• 10.1 The costs of delivery will be displayed to you on our website before you confirm your order.

• 10.2 Goods purchased through our Site will normally be delivered within 30 calendar days after the date of our Order Confirmation, unless otherwise agreed or specified in writing during the ordering process.

• 10.3 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, we will inform you as soon as possible and will take steps to minimise the impact of the delay.

• 10.4 If there is a risk of a substantial delay to delivery, you may contact us to end the Contract and will be refunded any sums paid for Goods that you have not received.

• 10.5 If you are collecting the Goods from us instead of having them delivered to you, they can be collected during our business hours of 0900 and 1700, Monday to Thursday or 0900 and 1600 on Fridays.

• 10.6 If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, the carrier may leave the Goods in a safe location or leave a note informing you of how to arrange for re-delivery or of where to collect the Goods. You should follow the guidance set out by the carrier to arrange for re-delivery.

• 10.7 If, despite our reasonable efforts, we cannot contact you or cannot arrange for re-delivery or collection of the Goods, or the Goods are returned to us by the carrier because they were unable to deliver them, we may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by us as a result.

• 10.8 In the unlikely event that we do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:

• a) We have refused to deliver the Goods; or

• b) In light of all relevant circumstances, delivery within the specified or agreed time period was essential.

• 10.9 If you do not wish to cancel under clause 10.8, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.

• 10.10 You may cancel all or part of your Order under clauses 10.8 or 10.9 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.

• If any cancelled Goods are delivered to you, you must return them to us or arrange for their collection. We will cover the costs of postage or collection. Please contact us using the details provided above in clause 3 for a return label or to arrange collection.

• 10.11 Responsibility for the Goods passes to you once we have delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from us. Ownership of the Goods only transfers to you once we have received payment in full.

11. Faulty, Damaged, or Incorrect Goods – If you are a consumer

• 11.1 If you are a business customer, this clause 11 will not apply (please instead refer to clause 12).

• 11.2 This clause 11 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. See the box below for a summary of your key legal rights in relation to the Goods. Nothing in these Terms of Sale will affect your legal rights.

Summary of your legal rights

• This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

• The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Where goods do not comply with this, you may be entitled to a replacement or refund.

• The Consumer Contracts Regulations 2013 give you the legal right to change your mind and cancel the contract within a 14 calendar day ‘cooling-off’ period. There are some circumstances where you will lose this right, see clause 14.

• See also this clause 11.

• 11.3 Please note that you will not be eligible to claim under this clause 11 if:

• a) We informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or

• b) You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or

• c) You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem(s) has/have resulted from your use of the Goods for that purpose; or

• d) The problem(s) is/are the result of normal wear and tear; or

• e) You have changed your mind (please refer to clause 14).

• 11.4 If there is a problem with the Goods, please contact us using the details provided above in clause 3.

• 11.5 If you exercise your legal right to reject the Goods, you must return them to us.

• 11.6 To return Goods to us for any reason under this clause 11, please post them to us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. Please contact us using the details provided above in clause 3 for a return label or to arrange collection.

• 11.7 These Terms of Sale shall apply to any replaced Goods.

12. Faulty, Damaged, or Incorrect Goods – if you are a business customer

• 12.1 If you are a consumer, this clause 12 will not apply (please instead refer to clause 11).

• 12.2 We warrant that on delivery (or if appropriate, on collection) of the Goods, they shall:

• (a) Conform in all material aspects with their description;

• (b) Be free from material defects in design, material and workmanship;

• (c) Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);

• (d) Be fit for any purpose described by us.

• 12.3 Subject to clause 12.4, if:

• (a) You give us notice in writing, within a reasonable time, of discovery that Goods do not comply with the warranty in clause 12.2 above;

• (b) We are given a reasonable opportunity to examine the Goods; and

• (c) You return such Goods to us We shall, at our option, replace the defective Goods or refund the price of the defective Goods in full.

• 12.4 We will not be liable for a product’s failure to comply with the warranty in clause 12.2 if:

• (a) You make any further use of such Goods after giving notice in accordance with clause 12.2(a); or

• (b) The defect arises because you failed to follow our oral or written instructions as to the storage or use of the Goods.

• 12.5 Except as provided in this clause 12, we shall have no liability to you in respect of failure of Goods to comply with the warranty in clause 12.2.

• 12.6 These Terms of Sale shall apply to any replaced Goods supplied by us under clause 12.3.

13. Your Rights to Cancel and End the Contract

• 13.1 If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to clause 11 (if you are a consumer) or clause 12 (if you are a business customer), above, for more information.

• 13.2 If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to clause 14, below, for more information. This will not apply to business customers.

• 13.3 If you wish to end the Contract because of something we have done or are going to do, please refer to clause 15, below, for more information.

14. Cancelling and Ending the Contract if you Change your Mind

• 14.1 This clause 14 will only apply if you are a consumer.

• 14.2 If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before we send the Order Confirmation.

• a) If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.

• b) If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.

• 14.3 If you wish to end the Contract for this reason, you must inform us within the cooling-off period. You may inform us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in clause 3.

• 14.4 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

• 14.5 Please note that this right to cancel may not apply if the Goods are sealed for quality reasons and you have unsealed them after receiving them, or if you have already used some of the Goods.

15. Cancelling and Ending the Contract Because of Something we Have Done or Will Do

• 15.1 You may have the right to cancel and end the Contract because of something we have done or have informed you that we are going to do. This right to cancel applies in the following circumstances:

a) We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see clause 6);

• b) We have informed you about an upcoming change to the Goods that you do not agree to (see clause 7);

c) We have informed you about an error in the price or description of the Goods and you do not wish to proceed;

• d) There is a risk that delivery of the Goods will be substantially delayed due to events outside of our control (see clause 10);

• e) You have a legal right to end the Contract because we have done something wrong (including where we have not delivered the Goods on time and the circumstances in clause 11 or 12 apply).

• 15.2 If you cancel and end the Contract for any of the reasons set out in this clause 15, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided. You may also be entitled to compensation.

• 15.3 If you wish to end the Contract for this reason, you may inform us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience our contact details are provided above in clause 3.

16. Returning Goods After Cancelling and Ending the Contract

• 16.1 Subject to your right to partially cancel your Order under clause 15, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to us or arrange for their collection. Please contact us using the details provided above in clause 3 for a return label or to arrange collection.

• 16.2 If you are a consumer and you are exercising your right to change your mind under the cooling-off period as set out in clause 14, you must return the Goods to us no more than 14 calendar days after the day on which you informed us that you wish to cancel.

• 16.3 If you are returning the Goods to us in person instead of posting them or having them collected, they can be returned during our business hours of 0900 to 1700 on Monday to Thursday and 0900 to 1600 on Fridays.

• 16.4 We will cover the costs of returning the Goods to us in the following circumstances:

• a) The Goods are faulty or misdescribed;

• b) You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;

• c) You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;

• d) You are cancelling and ending the Contract because we have made an error in the price or description;

• e) You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of our Control;

• f) You are cancelling and ending the Contract because you have a legal right to do so because we have done something wrong (including where we have not delivered the Goods on time and the circumstances in clause 11 or 12 apply).

• 16.5 In all other circumstances you must cover the costs of returning the Goods to us.

• 16.6 If you are responsible for the costs of returning the Goods to us and we are collecting them, the cost charged to you will only be the direct cost to us of collecting the Goods.

17. Refunds

• 17.1 All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:

• a) If you are a consumer exercising your right to change your mind under the cooling-off period, we may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If we issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, we may charge you an appropriate sum.

• b) Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. If, for example, our cheapest delivery option is Royal Mail Tracked 48 service, but you select Next Day Delivery Courier, your refund for delivery charges will only be equivalent to the cost of the cheaper option.

• c) If you personally deliver returned Goods to us, we will not refund you any costs of returning the Goods above what would have been the cheapest standard delivery charges of returning the Goods, for example by Royal Mail.

• 17.2 All refunds due to you will be made as soon as possible, and by the same payment method used for payment.

18. Our Liability to Consumers

• 18.1 This clause 18 will only apply if you are a consumer. Business customers should refer to clause 19.

• 18.2 We will only be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

• 18.3 We only supply Goods to consumers for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

• 18.4 Subject to clause 18.5, our total liability to you for all other losses arising out of or in connection with any contract between you and us, whether in contract tort (including negligence), breach of statutory duty or otherwise shall not exceed the total price paid by you for the Goods under this contract.

• 18.5 Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

• 18.6 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in clause 14.

19. Our Liability to Business Customers

• 19.1 This clause 19 only applies to business customers. Consumers should refer to clause 18.

• 19.2 Subject to clause 19.4, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.

• 19.3 Subject to sub-Clause 19.4, our total liability to you for all other losses arising out of or in connection with any contract between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total sums paid by you for the Goods under this contract.

• 19.4 Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation or for any other matter in respect of which liability cannot be excluded or restricted by law.

20. Force Majeure

• 20.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.

  21. Complaints and Feedback

  • 21.1 We always welcome feedback from our customers and, whilst we always use reasonable efforts to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
  • 21.2 If you wish to complain about any aspect of your dealings with us, please contact us using the contact details provided above in clause 3.

  22. How we use your Personal Information

  We will only use your personal information as set out in our Privacy Policy and our Cookie Policy, available from /privacy-policy/.

  23. Other Important Terms

  23.1 We may transfer (assign) our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if we sell our business). If this occurs, we will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without our express written permission.
  • 23.2 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
  • 23.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
  • 23.4 No failure or delay by us in exercising any of our rights under these Terms of Sale means that we have waived that right, and no waiver by us of a breach of any provision of these Terms of Sale means that we will waive any subsequent breach of the same or any other provision.
  • 23.5 If you are a business customer, these Terms of Sale constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on behalf of us which is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation (or negligent misstatement) based on any statement in this agreement.

  24. Law and Jurisdiction

  • 24.1 These Terms of Sale, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
  • 24.2 If you are a consumer, any dispute, controversy, proceedings, or claim between you and us relating to these Terms of Sale or to the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
  • 24.3 If you are a business customer, any dispute, controversy, proceedings, or claim between you and us relating to these Terms of Sale or to the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.