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Contributions by DAC Beachcroft

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Deepfakes
Practice notes

This Practice Note provides a summary of UK law as it applies to the use of deepfakes. A deepfake is a form of synthetic media in which existing media such as a video clip and a series of photographs are combined together using artificial intelligence to create a realistic but fake video. The Practice Note covers: what a deepfake is, how deepfakes work, harmful uses and applications of deepfakes, such as for entertainment, parody and political satire and healthcare. It also looks at the application of UK law to deepfakes, what social media platforms and search engines are doing to counter the issues created by deepfakes and future technological controls including problem areas concerning technological and legislative or common law controls.

JCT contracts—termination
Practice notes

This Practice Note considers the termination provisions in the JCT contracts. It looks at termination by the Employer, termination by the Contractor and situations in which either party may terminate, along with the consequences of termination under the JCT contracts.

NEC contracts—termination
Practice notes

This Practice Note considers the termination provisions in the NEC contracts. It looks at termination by the Client, termination by the Contractor and situations in which either party may terminate, along with the consequences of termination. It covers both the NEC3 and NEC4 contracts.

Termination of a construction contract
Practice notes

This Practice Note examines termination of a construction contract (or termination of a contractor’s employment under it). It provides guidance on termination at common law for repudiatory breach (repudiation), including affirmation, anticipatory breach and the consequences of common law termination, termination for breach pursuant to a contractual provision and termination at will (also known as termination for convenience). It also looks at the effect of termination on liquidated damages.

Termination on insolvency in construction contracts
Practice notes

This Practice Note examines what the consequences of a party becoming insolvent are, under the Insolvency Act 1986 (IA 1986), the Corporate Insolvency and Governance Act 2020 (CIGA 2020), and under the most widely used standard form construction contracts. The JCT and NEC contracts both contain detailed provisions setting out what constitutes insolvency for the purposes of the contract and what the rights of the parties are in these circumstances.

Contributions by DAC Beachcroft Experts

4

Challenging Tier 2 or 5 sponsor licence decisions by way of judicial review
Practice notes

A decision by the Home Office to refuse a Tier 2 and/or 5 sponsor licence or to suspend, downgrade or revoke an existing sponsor licence does not attract a right of appeal. Since 6 April 2016, there has been a 'pre-licence error correction' procedure which has enabled sponsors to challenge the refusal of a sponsor licence application where there has been a 'simple caseworking error' or where supporting evidence sent with the initial application has not been considered. This Practice Note looks at how to challenge a negative sponsor licence decision by way of judicial review. It focuses on assessing the merits of a challenge, the investigation process, discussions and negotiations with the Home Office, and the letter before action.

Downgrading and revocation of sponsorship licences under Tiers 2 and 5
Practice notes

This Practice Note looks at the mandatory and discretionary circumstances set out in the Home Office’s Sponsor Guidance for Tiers 2 and 5 as to when it must, or can downgrade an organisation’s sponsor licence from an ‘A’ to a ‘B’ grade, or revoke the organisation’s licence. It also outlines the relevant procedures and the effect of such actions on the organisation and its sponsored migrants.

Tier 1 (Investor): key practical considerations
Practice notes

This Practice Note examines some common practical issues relating to applications submitted in the Tier 1 (Investor) category. It considers client management, other options such as the Tier 1 (Entrepreneur) category, the absences requirement for applications for indefinite leave to remain and naturalisation, dual citizenship, tax and English language requirements.

Tier 2 and 5 licence suspensions, surrender and CoS reductions
Practice notes

This Practice Note examines the circumstances in which the Home Office may wish to suspend a Tier 2 and/or 5 sponsor’s licence and reduce a sponsor’s allocated numbers of unrestricted Certificates of Sponsorship (CoS), as well as the procedure for and consequences of suspension and a sponsor surrendering its licence.

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