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Contributions by Fladgate

7

Construction insurance—overlap between the works and existing buildings
Practice notes

This Practice Note considers insurance for construction projects where the works are being carried out either within or adjacent to existing buildings. This Practice Note explains the options for insuring existing buildings, how the JCT contracts deal with the issue, and which party should be taking out the insurance policy. The note also explains the difficulties which arise in practice when works are being carried out in an existing building and tenants are in place.

Mediation of construction disputes
Practice notes

This Practice Note considers mediation as a strategy for resolving construction disputes. It also looks at the typical procedure for a mediation.

Non-negligent insurance
Practice notes

This Practice Note looks at non-negligent damage and the insurance available to provide cover in respect of this risk.

Project specific insurance policies
Practice notes

This Practice Note examines project policies which can be taken out in respect of a specific project—it looks at what is, and is not, covered by such insurance and at who it covers. The note considers when a project policy may be appropriate and also looks at the availability of decennial insurance.

Sub-contractors' insurance
Practice notes

This Practice Note looks at how sub-contractors’ liability is typically covered by insurance and considers how the standard forms construction contracts deal with sub-contractor insurance. It also examines the difficulties that can arise in respect of sub-contractor insurances and what the parties involved can do about them.

Terrorism—risk and insurance for construction projects
Practice notes

This Practice Note looks at how standard form construction contracts allocate the risk of terrorism (particularly the JCT contracts). It also explains ‘Pool Re’ cover, which provides insurance cover against some terrorism-related risks.

When is mediation appropriate for a construction dispute?
Practice notes

This Practice Note considers the types of construction dispute that mediation is most suited to (and those to which it is less likely to be suited). It also highlights the advantages of mediation in resolving construction disputes.

Contributions by Fladgate Experts

27

Applying under the Representative of an Overseas Business category
Practice notes

This Practice Note outlines the eligibility requirements and procedure (including application form and fee information) for making an application under the Representative of an Overseas Business category. It looks at the English-language, financial, suitability and validity requirements, period and conditions of permission, dependants, and applications for settlement after five years.

Dispute resolution—types of party
Practice notes

This Practice Note looks at parties in litigation for dispute resolution (DR) lawyers. It provides an overview of the types of parties which may become involved (whether as claimant or defendant) in litigation in England and Wales, and the key procedural issues and practical considerations of which their legal advisors should be aware. It deals with the following types of parties in litigation: corporations, partnerships, sole traders, unincorporated associations, children, insolvent individuals or companies, groups, the estate of a deceased party and litigants in person (also known as unrepresented litigants).

Draft order for issue of a letter of request under the Hague Convention
Precedents

This Precedent and associated Drafting Note sets out the orders the court may make following an application for an order for the issue of a Letter of Request under the Hague Evidence Convention.

Draft Settlement agreement—for settling disputes post-commencement of proceedings
Precedents

This Precedent is a draft settlement agreement for use where proceedings have been issued and parties are settling the issued claims (or part thereof). It provides generic wording for such a settlement.

Draft Settlement agreement—pre-action settlement
Precedents

This Precedent settlement agreement is for use in settling a claim or claims before proceedings have been issued. It provides a generic template for drafting a settlement agreement and may be adapted for execution by way of a deed.

Drafting note for application notice for a letter of request under the Hague Evidence Convention
Precedents

These Drafting Notes provide guidance on how to complete Form N244 when making an application for a letter of request to obtain evidence under the provisions in the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters 1970 (The Hague Evidence Convention).

Intra-group services agreement
Precedents

This Precedent intra-group services agreement is intended for use as a supply of services agreement where the customer and the supplier are members of the same group of companies and, as such, it is not intended to favour either party and, where appropriate, it adopts a simpler approach than equivalent business-to-business (B2B) agreements. For example, detailed provisions relating to supplier evaluation, warranty periods and performance criteria, and supply chain clauses such as those dealing with modern slavery and anti-bribery have been omitted.

Intra-group services agreement—international
Precedents

This Precedent international intra-group services agreement is intended for use as a supply of services agreement where the customer and the supplier are members of the same group of companies and where the supplier company is located in a jurisdiction other than England and Wales. The Precedent is not intended to favour either party and, where appropriate, it adopts a simpler approach than equivalent business-to-business (B2B) agreements. For example, detailed provisions relating to supplier evaluation, warranty periods and performance criteria, and supply chain clauses such as those dealing with modern slavery and anti-bribery have been omitted.

Letter of claim in respect of proposed proceedings against a barrister for negligence
Precedents

This Precedent is a draft letter of claim for use by a claimant in prospective professional negligence proceedings against a barrister for negligence, as required by the Pre-Action Protocol for Professional Negligence. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Letter of claim—against an accountant for breach of contract and, or alternatively, negligence in preparing accounts
Precedents

This Precedent is a draft letter of claim for use by a claimant in prospective professional negligence proceedings against an accountant for breach of contract and, or alternatively, negligence in preparing accounts, as required by the Pre-Action Protocol for Professional Negligence claims. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Letter of claim—against an investment advisor for breach of contract and, or in the alternative, negligence in providing investment advice
Precedents

This Precedent is a draft letter of claim for use by a claimant in prospective professional negligence proceedings against an investment advisor for breach of contract and, or alternatively, negligence in providing investment advice, as required by the Pre-Action Protocol for Professional Negligence. The letter of claim is intended to be sent to the professional at the pre-action stage, after having served a preliminary notice of claim.

Letter of claim—negligent misrepresentation
Precedents

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant seeking to bring a claim for rescission and/or damages for negligent misrepresentation.

Manufacturing agreement—pro-customer
Precedents

This Precedent manufacturing agreement is for use where a third party manufacturer manufactures product on behalf of a customer. This manufacturing agreement assumes that the customer supplies the design specification for the product and the manufacturer provides the raw materials and packaging for the manufacture of the product. An optional exclusivity clause is included requiring the manufacturer to only manufacture the product for the customer. In this Precedent manufacturing agreement, the customer retains the ownership of all intellectual property rights in the product manufactured and any improvements relating solely to the product. It is assumed that tooling is supplied by the manufacturer as part of the price.

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