Levy Definition

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Completing the JCT 2024 Minor Works Building Contract Particulars—checklist

Completing the JCT 2024 Minor Works Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This...

Practical considerations when arranging an international franchise—checklist

Practical considerations when arranging an international franchise—checklist This Checklist sets out the practical considerations for a franchisor when setting up an international franchise business. A franchisor may want to expand its network overseas to exploit new territories and developing markets usually by entering into an international franchise agreement or an international development agreement. However, the agreement and the set up of the international arrangement may also create challenges. This Checklist sets out some of the practical issues that a franchisor planning to expand overseas might face. Issues • The franchise agreement will provide that the franchisee must operate the business in accordance with the franchisor’s operations manual. However the business method as set out in the operations manual may not have been tried and tested in the overseas territory. The business method will have been created on the basis of certain assumptions that are relevant to the local market. A franchisee may therefore find it difficult to implement the business method in the overseas territory based upon existing assumptions. •...

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Community Infrastructure Levy—payment process—flowchart

Community Infrastructure

Procedure for preparing and completing a planning obligation—flowchart

Procedure for preparing and completing a planning obligation—flowchart This flowchart sets out the procedure for preparing and completing a section 106 planning obligation. It identifies the responsibilities

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Remedies for connected lender liability in consumer credit

Remedies for connected lender liability in consumer credit This Practice Note examines a purchaser’s causes of action and remedies where the credit in a supplier-purchaser agreement is financed by a third party. The Consumer Credit Act 1974 (CCA 1974) provides that in certain instances where there is a connection between the supplier of goods and services and the creditor, the borrower will be able to seek a remedy against the creditor under CCA 1974, s 75 where the supplier has made a misrepresentation or is in breach of contract. This Practice Note looks at the main requirements of section 75 and the circumstances in which it might be applied when purchasing goods or services with a credit card. Overview Under a contract for the sale or supply of goods or services as between a supplier and purchaser, the purchaser’s causes of action and remedies are well known. However, what is the position where the transaction is financed by a third-party creditor? In certain debtor-creditor-supplier (or DCS) relationships, a consumer...

Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017—key information for businesses

Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017—key information for businesses The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692 form part of the UK’s overall anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing regime, as amended. The MLR 2017 set administrative requirements which run parallel to the criminal element of the AML, CTF and counter-proliferation financing regime contained in the Proceeds of Crime Act 2002 (POCA 2002), the Terrorism Act 2000 (TA 2000) and various sanction measures. There is some overlap with this legislation. The MLR 2017 have been amended a number of times since coming into force in June 2017. This Practice Note reflects the amended MLR 2017. For more on POCA 2002, TA 2000 and counter-proliferation financing, see Practice Notes: Proceeds of Crime Act 2002, Counter-terrorist financing—key information for businesses and Counter-proliferation financing—CPF—the basics. Application The MLR 2017 apply to relevant persons acting in the course of...

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Precedent s 106A deed of variation/supplemental agreement

Precedent s 106A deed of variation/supplemental agreement AGREEMENT relating to Section 106 and 106A of the Town and Country Planning Act 1990 [and [insert other legislation]] in relation to the development at [insert address] This Agreement is made on [insert date] Parties 1 [insert name], of [insert address] ("Council"); 2 [insert name], of [insert address] (“County Council”); 3 [insert name], of [insert address] (“Owner”); and 4 [ Additional parties as necessary eg landlord, mortgagee, option holder etc. ] ("[insert additional parties as necessary eg landlord, mortgagee, option holder etc] "). Background (A) The Council is the local planning authority for the purposes of s 106 and s 106A of the 1990 Act for the area within which the Land is situated and is capable of enforcing the obligations in the Original Agreement. (B) The County Council is the local highway authority for the area within which the Land is situated and is capable of enforcing the obligations in the Original Agreement. (C) [Recite ownership details...

Hotel purchase—additional licensing enquiries

Hotel purchase—additional licensing enquiries 1 Definitions [In these enquiries, Hotel Business refers to [insert definition of the hotel business]] 2 Licensing Act 2003 (LA 2003) 2.1 Is the Property used for any of the following licensable activities: 2.1.1 the retail sale of alcohol? 2.1.2 the supply of alcohol by, or on behalf of a club to, or to the order of, a member of the club? 2.1.3 the provision of regulated entertainment? 2.1.4 the provision of late-night refreshment? 2.2 If so, please: 2.2.1 supply a copy of the premises licence or the club premises certificate (including all conditions and undertakings); 2.2.2 supply a copy of the personal licence of the designated premises supervisor; 2.2.3 advise if any application is currently in progress for a variation to the premises licence and provide details; 2.2.4 [confirm that the holder of the premises licence will consent to the transfer of the premises licence to the Buyer (or to whomever the Buyer may nominate) on completion, and...

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Is there any case law or guidance on what is meant by ‘civil commotion’ in the context of force majeure clauses in an NEC contract?

Is there any case law or guidance on what is meant by ‘civil commotion’ in the context of force majeure clauses in an NEC contract? Force majeure is used to describe an event that occurs which is beyond the control of the parties, and which prevents them from fulfilling their contractual obligations. Although the NEC contracts do not use the term ‘force majeure’, they refer to comparable types of event—see Practice Note: Force majeure in construction contracts. We assume that the contract includes a Z clause providing for a definition of ‘force majeure’ which includes civil commotion. The phrase ‘civil commotion’ is also included within clause 80.1 as an Employer’s risk. We are not aware of any case law that considers the definition of ‘civil commotion’ within this clause. However, the concept of civil commotion has been considered by the courts in other contexts, including as an exclusion

Are there any pitfalls to be wary of in respect of a claimant’s private healthcare funding treatment and wishing to put forward their own costs. Does a claimant have to accept a defendant’s offer to provide rehabilitation or are there other risks?

Are there any pitfalls to be wary of in respect of a claimant’s private healthcare funding treatment and wishing to put forward their own costs. Does a claimant have to accept a defendant’s offer to provide rehabilitation or are there other risks? It is quite common for claimants, particularly those who are employees, to have arranged private cover for healthcare and to seek to use that cover for the provision of certain treatments or therapies following an accident. This may be in respect of the costs of physiotherapy or surgery and, less commonly, for cognitive behavioral therapy or other psychological therapies. Pursuant to section 2(4) of the Law Reform (Personal Injuries) Act 1948, when determining the reasonableness of any medical expenses incurred, the possibility of avoiding those expenses or part of them by taking advantage of treatment available from the National Health Service is to be disregarded. Nonetheless, this does not give the claimant absolute freedom when incurring charges for such expenses. The major potential pitfall for...

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SMF blog questions Labour’s omission of hiring test

Jonathan Thomas, Senior Fellow at the Social Market Foundation (SMF) has highlighted in a blog the government’s continued omission of the Resident Labour Market Test (RLMT) from its post-Brexit labour immigration framework, despite its alignment with the Labour administration’s stated aim to reduce reliance on overseas workers. Thomas, a migration expert atSMF, notes that although the government’s White Paper confirms tighter eligibility for overseas workers, it stops short of reinstating the RLMT—which previously required employers to advertise locally before hiring abroad. The blog observes that the RLMT’s absence risks undermining the government’s narrative that immigration should supplement, not supplant, the domestic workforce. Without it, the Immigration Skills Charge (ISC)—a levy on employers hiring from abroad to fund local training—lacks a crucial complementary mechanism that would evidence employers’ efforts to hire locally first. While its removal was initially welcomed by employers as a reduction in bureaucracy, legal ambiguity around prioritising local candidates has created new concerns. Thomas remarks that employers now fear potential discrimination claims if they give preference to UK...

Property weekly highlights—19 June 2025

This week's edition of Property weekly highlights includes: cases on adverse possession and unincorporated associations, rectification of a transfer, landlords’ insurance payments and rent repayment orders, regulations concerning occupation contracts in Wales and the statutory right of first refusal, New versions of CPSE.1 and CPSE.7 taking account of Economic Crime (Transparency and Enforcement) Act 2022 and a planning reform working paper on reforming site thresholds.