Gowling WLG

Experts

13

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Christopher Stiles
Partner
Gowling WLG
David Lowe
Partner
Gowling WLG
James Bruce
Gowling WLG
James Stanier
Gowling WLG
Jane Fielding
Gowling WLG
Jian Xu
Gowling WLG
John Coldham
Gowling WLG
Kevin Gude
Legal Director
Gowling WLG
Kieran Laird
Partner
Gowling WLG
Kirath Bharya
Gowling WLG
Pippa Hill
Director
Gowling WLG
Contributions by Gowling WLG

31

CDM Regulations 2007—the Construction Phase Plan [Archived]
CDM Regulations 2007—the Construction Phase Plan [Archived]
Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained. The CDM Regs require the Principal Contractor to develop a Construction Phase Plan. This Practice Note looks at the purpose of the plan, what is included in it, and its role in the management and monitoring of risks during the construction phase of a project.

CDM Regulations 2007—the Health and Safety File [Archived]
CDM Regulations 2007—the Health and Safety File [Archived]
Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note looks at the Health and Safety File, which the CDM Regs require to be prepared in relation to certain construction projects. The Practice Note considers who is responsible for preparing the Health and Safety File and when they must do it, what it must contain, and also sets out some practical considerations.

CDM Regulations 2007—the role of CDM co-ordinators [Archived]
CDM Regulations 2007—the role of CDM co-ordinators [Archived]
Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained. On certain construction project, the Construction (Design and Management) Regulations 2007, SI 2007/320, (CDM Regs) require the client/employer to appoint a CDM Co-ordinator. This practice note looks at the role of the CDM Co-ordinator, examining its appointment and duties.

CDM Regulations 2007—the role of clients [Archived]
CDM Regulations 2007—the role of clients [Archived]
Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note examines the role of the client in the risk management of a construction project pursuant to the Construction (Design and Management) Regulations 2007, SI 2007/320, (CDM Regs).

CDM Regulations 2007—the role of contractors [Archived]
CDM Regulations 2007—the role of contractors [Archived]
Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note looks at the contractor’s role in planning and managing the construction work pursuant to the CDM Regs. It examines the duties of contractors (including on notifiable projects) and the role of Principal Contractor.

CDM Regulations 2007—the role of the designer [Archived]
CDM Regulations 2007—the role of the designer [Archived]
Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note looks at who a designer is pursuant to the Construction (Design and Management) Regulations 2007, SI 2007/320, (CDM Regs). It examines the designer’s role and duties in relation to the management and avoidance of risks in a construction project.

CDM Regulations 2015—the Construction Phase Plan
CDM Regulations 2015—the Construction Phase Plan
Practice notes

This Practice Note looks at the requirement under the Construction (Design and Management) Regulations 2015, SI 2015/51, (CDM Regs) for the principal contractor to develop a construction phase plan. It looks at the purpose of the construction phase plan, what is included in it, and its role in the management and monitoring of risks during the construction phase of a project.

CDM Regulations 2015—the health and safety file
CDM Regulations 2015—the health and safety file
Practice notes

This Practice Note looks at the health and safety file (which can be physical or electronic) which the Construction (Design and Management) Regulations 2015, SI 2015/51, (CDM Regs) require to be prepared in relation to construction projects involving more than one contractor. It considers who is responsible for the preparation and maintenance of the health and safety file, when they must compile it, the information that the file must contain, and also sets out some practical considerations.

CDM Regulations 2015—the role of designer
CDM Regulations 2015—the role of designer
Practice notes

This Practice Note looks at who a designer is pursuant to the Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs). It examines the designer’s role and duties in relation to the management and avoidance of risks in a construction project.

CDM Regulations 2015—the role of the client
CDM Regulations 2015—the role of the client
Practice notes

This Practice Note examines the role of the client in the risk management of a construction project pursuant to the Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regulations). It looks at who is the client for the purposes of the CDM Regulations and the duties of the client.

CDM Regulations 2015—the role of the contractor and principal contractor
CDM Regulations 2015—the role of the contractor and principal contractor
Practice notes

This Practice Note looks at the contractor’s role in planning and managing the construction work pursuant to the Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs). It examines the duties of contractors and the role of principal contractor.

CDM Regulations 2015—the role of the principal designer
CDM Regulations 2015—the role of the principal designer
Practice notes

The Practice Note looks at the Construction (Design and Management) Regulations 2015, SI 2015/51, (CDM Regs) and the requirement that the client/employer appoints a Principal Designer. This Practice Note looks at the role of the Principal Designer, examining its appointment and duties.

Construction (Design and Management) Regulations 2015
Construction (Design and Management) Regulations 2015
Practice notes

This Practice Note provides an introduction to the key features and requirements of the Construction (Design and Management) Regulations 2015, SI 2015/51, (often called the CDM Regs). It considers who the duty holders under the CDM Regulations are and the duties that are imposed on them. The CDM Regs apply to all 'construction work' and make health and safety an essential element of the planning and management of construction projects.

Refurbishment and fit out—insurances
Refurbishment and fit out—insurances
Practice notes

This Practice Note examines the insurance issues which arise when refurbishment and fit out works are carried out and which policies should be put in place in order to provide full protection against the potential risks. The note explains the likely overlap between a works policy, a buildings insurance policy and a public liability policy, how this needs to be addressed and what practical steps should be implemented to ensure that problem do not arise.

What legislation do businesses dealing with consumers need to comply with (pre 1 October 2015)? [Archived]
What legislation do businesses dealing with consumers need to comply with (pre 1 October 2015)? [Archived]
Practice notes

This Practice Note has been archived and is not maintained. It sets out a brief description of the key legislation applicable to trading with consumers, and consumer contracts entered into, prior to 1 October 2015.

Other Work
Contract risk management clauses—checklist
Contract risk management clauses—checklist

This Checklist considers how certain key contractual clauses can manage risk in contracts and protect business (from the perspective of both supplier and customer) and how these clauses can be negotiated to gain maximum benefit from them.

Determining whether standard terms and conditions should be used (B2B)—checklist
Determining whether standard terms and conditions should be used (B2B)—checklist

This Checklist is designed to help a business establish whether it should be using its standard terms and conditions for a particular transaction or whether it is more appropriate to use a bespoke contract. The Checklist is relevant for business-to-business (B2B) transactions only.

Key provisions in a consultancy agreement—checklist
Key provisions in a consultancy agreement—checklist

This Checklist sets out the key provisions to consider in a consultancy agreement. This Checklist highlights issues which are relevant to the customer, issues which are relevant to the consultant and issues which are relevant to both parties for inclusion in a consultancy agreement. This Checklist will assist both the consultant and the customer when reviewing and negotiating a consultancy agreement.

Taking instructions for a consultancy agreement—checklist
Taking instructions for a consultancy agreement—checklist

This is a Checklist to assist with taking instructions from the business when drafting a consultancy agreement.

Unfair commercial practices—checklist
Unfair commercial practices—checklist

This Checklist considers the key practices, actions and omissions amounting to unfair, misleading or aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277, which may lead to criminal prosecution, regulatory action and adverse publicity. Consumers also have private rights of redress, including the right to unwind the contract, the right to a discount and the right to seek damages.

Contributions by Gowling WLG Experts

15

An introduction to standard form energy trading documents
An introduction to standard form energy trading documents
Practice notes

This Practice Note provides a high level introduction to electricity and gas trading in Great Britain. It introduces some of the key standard form trading agreements, including Grid Trade Master Agreement (GTMA) Short Term Flat NBP Trading Terms and Conditions 2015 (NBP Terms) and the Standard Terms and Conditions for the Sale and Purchase of Natural Gas for UK Short Term Deliveries at the Beach 2015 (Beach Terms) as well as considering some of the alternatives to these standard forms.

Brexit—key legislation explained
Brexit—key legislation explained
Practice notes

This Practice Note provides an overview of the key legislation introduced to give effect to Brexit in UK domestic law. Focussing on the European Union (Withdrawal) Act 2018, the European Union (Withdrawal Agreement) Act 2020 and the European Union (Future Relationship) Act 2020, this Practice Note examines the key objectives and functions of this Brexit legislation and also highlights a number of public law issues to which Brexit legislation gives rise.

Flowchart—suggested timetable for business reorganisation process
Flowchart—suggested timetable for business reorganisation process
Practice notes

This chart outlines a suggested timetable for the employment aspects of a business reorganisation process and is designed to be sent to a client. It sets out the steps to be taken by the employer on a day-by-day basis, from the preparatory phase to initial announcements, then the information and consultation (collective and individual) process, culminating in the conclusion of the process, eg a TUPE transfer.

Grid Trade Master Agreement—an introduction
Grid Trade Master Agreement—an introduction
Practice notes

This Practice Note summarises the role of the Grid Trade Master Agreement (GTMA) standard form for bilateral trading of electricity. It sets out the primary users of the GTMA, the nature of the GTMA and its key provisions, the interface between the GTMA and the Balancing and Settlement Code (BSC) and the common alternative approaches to electricity sale and purchase seen in the Great Britain wholesale market.

Implementing a business reorganisation—employment issues
Implementing a business reorganisation—employment issues
Practice notes

This Practice Note examines the employment law and practical issues that may arise when an employer reorganises the structure of its business and how to manage the interaction between those issues. It explains the initial considerations, how to approach redundancy dismissals, dismissals for some other substantial reason (SOSR). It also considers how to defend the claims and the impact of collective redundancy consultation, as well as the impact of TUPE 2006 where a relevant transfer takes place as part of the reorganisation. It also explains how to deal with the overlap between redundancy and TUPE consultation obligations

Introduction to retained EU law
Introduction to retained EU law
Practice notes

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in connection with Brexit. It provides an overview of the key definitions and concepts with reference to the relevant provisions of the European Union (Withdrawal) Act 2018, as amended.

Pension death benefit trusts
Pension death benefit trusts
Practice notes

This Practice Note looks at how trusts can be used to protect lump sum death benefits and to moderate any charge to Inheritance Tax (IHT) and how this is affected by the type of pension scheme or arrangement in question and the current charges to income tax imposed by the pensions tax regime under the Finance Act 2004.

Relevant life and excepted group life policies—practical issues
Relevant life and excepted group life policies—practical issues
Practice notes

This Practice Note discusses the main areas of complication encountered by practitioners (including pensions practitioners) when advising on non-registered life policies, namely relevant life and excepted group life policies, including in relation to: the conditions to be met in respect of the death benefits that are payable and to whom they are to be paid; discretionary trusts and inheritance tax (IHT); terminal illness; the distribution of death benefits; exercising a discretionary power; key-man cover; and tax avoidance.

Retail Energy Code (REC)—key features
Retail Energy Code (REC)—key features
Practice notes

This Practice Note introduces the new Retail Energy Code (REC) introduced in early 2019 to govern the retail aspects of the gas and electricity markets in Great Britain (GB) and to implement the Office of Gas and Electricity Markets’ (Ofgem) Switching Programme. It covers the legal basis for the REC, the background to its development and implementation and the key provisions of the REC. It also gives some practical insight into how the REC may evolve over time.

Tax treatment of pensions—an introduction
Tax treatment of pensions—an introduction
Practice notes

This Practice Note provides an overview of the tax treatment of UK registered pension schemes (in particular regarding income tax and national insurance contributions). It summarises the main tax rules applicable to member and employer contributions, scheme assets (including investment returns on those assets) and scheme benefits paid out of the scheme. It also considers the tax treatment of UK private pension arrangements that are not registered pension schemes.

Transfer to a DB superfund—trustee and employer considerations
Transfer to a DB superfund—trustee and employer considerations
Practice notes

This Practice Note focuses on the considerations applicable to trustees and employers of a defined benefit (DB) scheme when considering transferring to a DB superfund.

VAT and pension scheme costs
VAT and pension scheme costs
Practice notes

This Practice Note looks at the basics of what Value Added Tax (VAT) is in relation to the employer’s business, HMRC's policy on establishing the ‘immediate and direct link’ necessary to enable an employer to reclaim VAT and how this policy changed over time. This includes the 70/30 split, the distinction made by HMRC between ‘management’ and ‘investment’ costs, tripartite contracts, VAT grouping and trustee subcontracting. This Practice Note also looks at the VAT exemption applicable in respect of DC schemes.

Conflicts of interest policy
Conflicts of interest policy
Precedents

This Precedent is suitable for use by the trustees (or trustee company) of an occupational pension scheme to record the arrangements put in place to manage their conflicts of interest, in accordance with the Pensions Regulator’s guidance on conflicts of interest.

Pre-transfer collective redundancy consultation agreement
Pre-transfer collective redundancy consultation agreement
Precedents

This Precedent is co-operation agreement between a transferor and transferee providing for pre-transfer collective redundancy consultation to be carried out in relation to proposed redundancies of certain transferring employees, where those redundancies are to be effected post-transfer by the transferee. The agreement reflects the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) and the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992 as amended in January 2014

Other Work
Checklist—implementing a business reorganisation
Checklist—implementing a business reorganisation

This Checklist examines the employment law issues that arise when implementing a business reorganisation. Covers: initial considerations, redundancy situation, ‘some other substantial reason (SOSR), how the employer will defend claims relating to the dismissals, whether collective consultation obligations are triggered, changes to terms and conditions of employment and whether there is a TUPE transfer. This checklist assumes that the business continues to exist at the same location and that, accordingly, no ‘place of work’ redundancy situation exists.

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