Dispute resolution procedure definition

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Commercial contract review and execution (business personnel)—checklist

Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...

IR35—the large and public client off-payroll regime—private sector checklist

IR35—the large and public client off-payroll regime—private sector checklist Under the large and public client off-payroll regime, medium and large private sector businesses with a UK connection are responsible for: • assessing whether IR35 applies to an engagement with an off-payroll worker, and • in certain circumstances as described further below, operating Pay As You Earn (PAYE) and accounting for employer National Insurance contributions (NICs) on payments made to off-payroll workers For more on the IR35 rules generally, see Practice Note: IR35—introduction, developments and key difficulties. For more on the large and public client off-payroll regime, see Practice Note: IR35—the large and public client off-payroll regime. For guidance on the practical issues facing the end client and, if different, the fee payer, when an arrangement falls within the large and public client off-payroll regime, see Practice Notes: IR35—the large and public client off–payroll regime—practical considerations for the end client and IR35—the large and public client off–payroll regime—practical considerations for the fee-payer respectively. This Checklist considers the issues that a private...

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Internal dispute resolution procedure—what is involved?

THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMESThe legal framework for an occupational pension scheme’s internal dispute resolution procedure (IDRP) is set out in:•sections 50, 50A and 50B of the Pensions Act 1995 (PA 1995), and•the Occupational Pension Schemes (Internal Dispute Resolution Procedure Consequential and Miscellaneous Amendments) Regulations 2008, SI 2008/649The Pensions Regulator’s General Code of Practice also includes a section on dispute resolution procedures.Scope of IDRPPension scheme trustees have a duty to establish, run and manage a scheme’s IDRP. The IDRP enables scheme members, or those with an interest in the scheme, to challenge decisions, acts or omissions relating to their scheme benefits or the pension scheme.Individuals considered to have an interest in the pension scheme include those who have ceased, or claim to have ceased, to be a member or beneficiary of the scheme, or a prospective scheme member. This includes widows, widowers and surviving dependants.Complaints relating to the employer are outside the scope of the IDRP process. Scheme members and those with an interest in...

Pension disputes—avenues available to scheme members

THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESDisputes in relation to a pension schemes can take various forms. Depending on the type of scheme in question and the relevant facts, they can be potentially pursued through a number of different avenues. This Practice Note focuses on disputes that may be brought by aggrieved members in respect of pension rights under occupational or personal pension schemes.Disputes relating to occupational pension schemesAn employee (or former employee) with a complaint relating to their pension rights under a trust-based occupational pension scheme acquired during the course of employment may (depending on the particular facts of their claim) have two principal avenues through which they can pursue their claim:•make a written complaint against their employer—this is possible if the pension claim in question can be shown to relate to contractual rights under their contract of employment•make a written complaint against the scheme trustees (and potentially again, the employer) insofar as the claim can be shown to arise under rights the individual...

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Pensions warranties—defined contribution scheme—share purchase agreement

Pensions warranties—defined contribution scheme—share purchase agreement Replace Schedule 4, paragraph 19 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form with the following: 1 Pensions 1.1 Except as provided for by the Pension Scheme, the Company is not and has never participated in an arrangement or agreement to provide pensions, annuities, lump sums, gratuities or similar benefits on retirement, long-term ill-health or death, or pursuant to a pension sharing order, in relation to the service or historic service of a present or former employee of the Company or any other person, or for the benefit of that individual’s dependents. 1.2 All benefits under the Pension Scheme are provided on a money purchase basis. No assurance, guarantee or promise has been made to any employee of the Company as to the amount of benefits to be provided under the Pension Scheme. 1.3 Copies of the following documents have been Fairly Disclosed to the Buyer: 1.3.1 the governing documentation of the Pension Scheme including the trust deed and rules and all ancillary and...

Change control clause—long form

Change control clause—long form 1 Definitions 1.1 In this Agreement: Change • means any change to the Services and/or the terms of this Agreement other than a minor operational change as described in clause 2.2; Charges • means the fees, costs and expenses payable by the Customer to the Supplier for the provision of the Services, as set out in Schedule [insert schedule number]; Change Control Note • means the form submitted to support a Change Request pursuant to the Change Control Procedure, in a form substantially similar to the pro-forma change control note in the Appendix to Schedule [insert schedule number]; Change Control Procedure • means the process by which any Change is agreed as set out in Schedule [insert schedule number]; Change Request • means a request in the form of a Change Control Note submitted by a party intending to effect a Change; Charge Review Procedure • means the procedure for reviewing and providing information relating to a potential increase or decrease in the...

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To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute resolution clause?

To what extent do arbitral tribunals (governed by English law) apply the Halsey approach following a failure to mediate under a tiered dispute resolution clause? The English courts have imposed costs sanctions on litigating parties who have unreasonably failed to mediate and one of the leading cases in this regard is Halsey v Milton Keynes General NHS Trust. See Practice Note: Costs consequences of refusing to consider ADR in civil proceedings for, among other matters, more information on that case and how it has been interpreted by the English courts in the context of litigation proceedings. One of public policy reasons for the English court’s decision to sanction parties in costs for unreasonable refusing to mediate in litigation is that the court resources are finite and, if possible, the parties should resolve their disputes without recourse to the courts or with limited court intervention. However, it may be suggested that no equivalent public policy exists in arbitration as arbitration is a private, consensual dispute resolution procedure...

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The final and binding nature of Pension Ombudsman determinations and abuse of the process in litigating the same matters (Wilson v Port of Felixstowe Pension Trustee Ltd)

Pensions analysis: The court struck out as an abuse of process the claimant’s claim for a declaration as to the true construction of the rules (‘the Rules’) of the Port of Felixstowe Pension Plan (‘the Plan’) on the basis that the Pensions Ombudsman (‘the PO’) had already made a final and binding determination (‘the PO’s Determination’) against the complaint of the claimant, which he had not appealed, in respect of the same issues raised in the claim. Written by Oliver Hilton, barrister at Radcliffe Chambers, Lincoln’s Inn.

EU Law weekly highlights—29 May 2025

This week's edition of EU weekly highlights covers the approval of major revisions to the EU carbon border adjustment mechanism (EU CBAM) by the European Parliament and Council of the EU, the launch of a call for evidence on an EU Digital Justice strategy for 2025–2030, the Commission’s adoption of identification and calculation rules for European oil and gas producers to deliver new CO2 storage solutions and a series of secondary legislation to implement the EU Net-Zero Industry Act, and the Commission initiating formal proceedings against Pornhub, Stripchat, XNXX, and XVideos under the EU Digital Services Act for suspected breaches regarding protection of minors. In addition this week, the Consumer Protection Cooperation Network and Commission’s notified SHEIN of several practices on its platform that contravene EU consumer protection laws, the European Ombudswoman opened an inquiry into the Commission’s preparation of the omnibus package of simplification measures, the Data Protection Commission engaged with technology companies regarding the use of personal data to train large language models in the EU/EEA, the Council...