In the modern standard form contracts1, there may be adjustments to the contract price by reason of express terms of the contract. These terms are of three types: (1) clauses (known as 'fluctuation clauses') entitling the contractor to be reimbursed for any increase in the cost of taxes, labour or materials or giving the employer the benefit of any decrease in such costs2; (2) clauses requiring an adjustment to the contract price in the event of variations3; (3) clauses by virtue of which a contractor may claim other increases in the contract price4. In some cases the subject matter
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IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
This Practice Note 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 further below.You should also consider if the proceedings will be
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