Cap Definition

View the related checklists about Cap

Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Seller's SPA drafting guide (unconditional completion)—checklist

Seller's SPA drafting guide (unconditional completion)—checklist This Checklist serves as a guide of certain key matters for the seller’s solicitors to consider when drafting, or commenting on, a share purchase agreement (also known as SPA or share sale agreement) recording the sale and purchase of the entire issued share capital of a private limited company, where the transaction involves simultaneous exchange and completion. Parties The drafter should: • check to see if the legal and beneficial title to the sale shares is split, ie check to see if the seller's sale shares are held in the name of a nominee, requiring the beneficial owner to: ◦ be named as the seller in the SPA instead of the registered holder, and ◦ procure the sale of the sale shares to the buyer • check to see if the transaction involves any parties connected with company directors, which may constitute substantial property transactions requiring certain approvals (see Practice Note: Substantial property transactions—requirement to obtain members’ approval) • resist proposals to include in...

View the related practice notes about Cap

Employment claims in Scottish civil courts

Employment claims in Scottish civil courts Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of. This Practice Note provides an overview of: • the most common orders sought by employment lawyers in Scottish civil courts • the structure of the Scottish civil court system • the jurisdiction and key features of each relevant court • rights of audience • rules of procedure • important points about: ◦ breach of contract claims in Scotland ◦ injunctive (interlocutory) relief in Scotland ◦ dawn raids in Scotland ◦ industrial relations disputes in Scotland ◦ equality of terms claims in Scotland The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of...

Increasing pensions in payment

Increasing pensions in payment FORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from 55 to 57 on 6 April 2028 (save for members of the firefighters, police and armed forces public service pension schemes). The Finance Act 2022 will also give members of registered pension schemes a right to take their benefits before age 57, if on or before 4 November 2021 they either had an ‘unqualified right’ to take benefits or were in the process of a substantive transfer to a scheme offering an unqualified right to a protected pension age of less than 57 on or before 4 November 2021. To benefit from this new 2028 protection, the rules of the pension scheme must have included (on 11 February 2021) an unqualified right to take the entitlement to scheme benefits before age 57. For further information, see Practice Note: Increasing the normal minimum pension age (NMPA) to 57—pensions impact. THIS PRACTICE NOTE APPLIES TO ALL OCCUPATIONAL PENSION...

View the related precedents about Cap

Teaming agreement—short form

Teaming agreement—short form This Agreement is made on [date] Parties 1 [Insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Party 1); and 2 [Insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Party 2) Each of Party 1 and Party 2 being a party and together the parties. BACKGROUND (A) Party 1 provides [insert description of goods and/or services]. (B) Party 2 provides [insert description of goods and/or services]. (C) The parties wish to submit a Bid as a joint tender to the Customer in response to the Invitation to Tender. (D) The parties wish to set out their obligations and regulate their rights in relation to the Bid and, if their Bid is successful, they intend to enter the Customer Contract[ and the Joint Venture Agreement] in accordance with this Agreement. The...

Deed of contribution—private M&A—share purchase

Deed of contribution—private M&A—share purchase This Deed is made on [insert day and month] 20[insert year] Parties 1 The several persons whose names and addresses are set out in the Schedule (together the Sellers and each individually a Seller). BACKGROUND (A) The Sellers have entered into, or will soon enter into, the Share Purchase Agreement with the Buyer regarding their sale of [the entire issued share capital of OR [insert number] [ordinary OR [insert class]] shares in] the Company. [The parties have also entered into or will soon enter into the Tax Covenant.] (B) The Sellers have agreed to regulate the manner in which Claims are dealt with under the Share Purchase Agreement [and the Tax Covenant] and to allocate their respective liabilities arising from any Claim in accordance with the terms of this Deed. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement, unless the context otherwise requires: Agreed Proportion • means as regards each Seller, the percentage set...

View the related q&as about Cap

How is compensation assessed when an employee is found to have been unfairly dismissed for redundancy because of her pregnancy?

How is compensation assessed when an employee is found to have been unfairly dismissed for redundancy because of her pregnancy? An employee will be regarded as unfairly dismissed for the purposes of Part X of the Employment Rights Act 1996 (ERA 1996) if (among other things): • the reason or principal reason for dismissal is one of a number of specified reasons relating to pregnancy and maternity leave • she was dismissed for redundancy and the provisions entitling her to suitable alternative employment were not complied with • she was dismissed for redundancy and: ◦ one or more other employees, in similar positions to the employee, were equally at risk of redundancy but were not dismissed, and ◦ the reason or principal reason for dismissal was one of a number of specified reasons relating to pregnancy and maternity leave For further information, see Practice Note: Detriment or dismissal on grounds of pregnancy, childbirth or maternity leave—Protection against dismissal. Generally, an award of compensation for unfair dismissal can...

What is a retail offer in the context of an IPO or secondary offer?

What is a retail offer in the context of an IPO or secondary offer? A retail investor is an individual investor who buys and sells shares for their own account. Retail investors typically invest in small amounts of shares and trade infrequently. A retail investor can be distinguished from an institutional investor, such as a pension fund, hedge fund or insurance company, that makes investment decisions on behalf of its individual members. Institutional investors typically trade in large tranches of shares. As the name suggests, a retail offer is an offer of shares by a company to retail investors. Most IPOs and secondary offers on the Main Market and AIM only involve an offer to institutional investors structured as a placing of shares to a limited number of professional investors. Institutional placings can be done quickly with lower associated costs than for other methods of marketing shares. One reason why a company is discouraged from pursuing a retail offer when doing a secondary fundraise is that...

View the related News about Cap

TMT weekly highlights—5 June 2025

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.

ASA Ruling on Menwell Ltd t/a Manual

The Advertising Standards Authority (ASA) has upheld a complaint against Menwell Ltd, trading as Manual, regarding a paid Google advertisement promoting oral minoxidil for hair loss. The ad, seen on 31 January 2025, stated 'Buy Oral Minoxidil - £14/Month' and included claims such as 'Effective in 9/10 Men – The Very Best Treatment in the UK,' along with an invitation to book a personal online consultation. The ASA found that this advertisement breached the CAP Code because oral minoxidil is a prescription-only medicine (POM). While the medicine is licensed in the UK for the treatment of certain types of hypertension, it is not licensed for hair loss, which was the clear implication of the ad’s messaging. Manual responded by removing the product from their advertising. However, the ASA concluded that the ad had promoted a POM to the general public, which is prohibited under CAP Code rule 12.12. As a result, the complaint was upheld, and the ASA instructed Menwell Ltd not to advertise POMs to the public in the...