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Contributions by Mills & Reeve

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Deed of novation by contractor’s administrator
Precedents

This Precedent is a deed of novation for use where a building contractor has gone into administration and the building contract is being novated to a new contractor by the original contractor’s administrator. By agreement between all the parties involved, it effectively terminates the original building contract between employer and original contractor and transforms it into a new contract between employer and new contractor.

Deed of novation of a consultant—employer to contractor
Precedents

This Precedent is a deed of novation for use on a construction project where a contract (consultant’s appointment) is being novated from the employer to the contractor. This scenario typically occurs where the employer is following a design and build procurement route. By agreement between all the parties involved, it effectively terminates the original contract between the employer and consultant and transforms it into a new contract between the contractor and consultant. Novating an agreement requires the consent of all relevant parties. This Precedent has been drafted on an ‘ab initio’ basis and provides for the incoming party to be responsible for obligations and liabilities after the novation date and also provides for the option of amending the original contract, but this is a matter for negotiation and instruction. This novation agreement provides for execution as a deed.

Deed of novation of a contractor—employer to second employer
Precedents

This Precedent is a deed of novation for use on a construction project where a contract is being novated from one employer to another, new employer. By agreement between all the parties involved, it effectively terminates the original contract between employer and contractor and transforms it into a new contract between the new employer and contractor.

Contributions by Mills & Reeve Experts

6

Collaborative law
Practice notes

This Practice Note sets out the features of the collaborative process, factors to be taken into account when assessing the suitability of the process, the role of collaborative solicitors and the steps to be taken at each stage of the process.

Domicile and habitual residence
Practice notes

This Practice Note deals with the determination, and different types, of domicile, including domicile of origin, choice, and dependence, in the context of family proceedings, and provides guidance on how the court will determine domicile and its impact on proceedings. It further details the determination of habitual residence, including that of a child, and relevant case law.

Family arbitration—introduction
Practice notes

This Practice Note outlines the process of arbitration in family cases, the applicable rules and the role of a solicitor acting for a party in reaching a binding arbitration. It also looks at the key benefits of arbitration, the coverage of the Institute of Family Arbitrators (IFLA) scheme and the powers of the arbitrator.

Mediation—introduction
Practice notes

This Practice Note sets out the features of mediation, the cases in which it will be most appropriate and the advantages of the mediation process.

Mediation—process
Practice notes

This Practice Note details the process of mediation and issues to be considered by the parties' solicitors prior to, during and after the mediation process. It considers preliminary information, the intake session, a memorandum of understanding and the involvement of third parties in mediation and includes a glossary of commonly used terms and their meaning.

Non-court dispute resolution glossary
Practice notes

This Practice Note sets out commonly used terms and their meaning in the non-court dispute resolution processes of family mediation, collaborative law and family arbitration. It includes an explanation of the relevant rules and forms to be used together with links to related resources.

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