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Drafting and negotiating an assignment—checklist

Drafting and negotiating an assignment—checklist This Checklist sets out the key issues and provisions to consider when drafting and negotiating the assignment of rights and/or benefits under an existing contract to a third party. For precedent assignments, see Precedents: • Deed of assignment • Assignment agreement • Short form letter of assignment For ancillary documents, see Precedents: • Notice of assignment of contract—from assignor • Notice of assignment of contract—from assignee • Request for consent to assignment For information on assignment generally, see: • Practice Note: How to assign rights under a contract • Practice Note: What constitutes a valid assignment of a contract? • Practice Note: Assigning contracts—common scenarios and considerations • Third parties, subcontracting and transfers—overview Issue Consideration Is an assignment appropriate? An assignment involves the transfer of rights under an existing contract.The original contract is retained and no release of liability is provided for any party since the original contracting parties remain the same.Only the benefits under a contract can be transferred by way of assignment...

Completing the JCT 2016 Minor Works Building Contract Particulars—checklist

Completing the JCT 2016 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...

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Special Educational Needs and Disability Tribunal (SENDIST)

Special Educational Needs and Disability Tribunal (SENDIST) What is the Special Educational Needs and Disability Tribunal (SENDIST)? The Special Educational Needs and Disability Tribunal (SENDIST) is part of the First Tier Tribunal (FTT) (Health, Education and Social Care Chamber (the Tribunal)). Appeals in respect of decisions of the FTT are made to the Upper Tribunal (UT). The FTT deals with appeals in relation to children and young people with special educational needs (SEN) as well as claims of disability discrimination in relation to school and local authorities (LAs) (such as exclusions from schools). How is a panel constituted? Panels of the FTT are usually made up of three members (although increasingly there are two member panels). The panel always has a legally qualified chair, and the other members are experienced in SEN and disability issues. The UT is comprised of one legally qualified member. When can an appeal be made to the First Tier Tribunal? All parents/guardians and young people have a right to appeal to the FTT:...

Energy legislation tracker 2025

Energy legislation tracker 2025 This Energy legislation tracker tool displays key upcoming legislation of interest to Energy lawyers from 1 January 2025. Legislation will be displayed in reverse chronological order. Legislation that is only applicable to Wales (Wales Statutory Instruments—Wales SI) will be indicated as such on the tracker. For information on previous legislation trackers, see: • Energy legislation tracker 2024 • Energy legislation tracker 2023 [Archived] • Energy legislation tracker 2022 • Energy legislation tracker 2021 [Archived] • Energy legislation tracker 2020 [Archived] • Energy legislation tracker 2019 [Archived] • Energy legislation tracker 2018 [Archived] • Energy legislation tracker 2017 [Archived] • Energy legislation tracker 2016 [Archived] England and Wales Title Key date Details Brexit-related Environmental Permitting (Electricity Generating Stations) (Amendment) Regulations 2025  28 February 2026–comes into force SI 2025/154: These Regulations are made to amend the Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 to introduce a new requirement for new and substantially refurbishing combustion plants to include a ‘decarbonisation readiness report’ as part of their environmental permitting...

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Schedule of Amendments to JCT Minor Works Building Contract 2016

Schedule of Amendments to JCT Minor Works Building Contract 2016 Schedule of amendments to the jct minor works building contract 2016 The Contract comprises the Minor Works Building Contract 2016 Edition published by the JCT subject to the following amendments: agreement ARTICLES Article 4 Article 5 In the first line after ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’ Article 5 Article 6 In the first line, after ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’At the end of Article 5 insert:'The Contract Sum includes the Contractor’s price for fulfilling the duties of Principal Contractor.' Article 7 Article 7 Arbitration Delete Article 7 and insert ‘All references to arbitration in this Contract are deleted’. Article 9 After Article 8 insert the following: Article 9 [ To be added on the face of the contract ] Schedule of Amendments The Employer and the Contractor agree that the modifications in the Schedule of Amendments attached...

Schedule of Amendments to JCT Minor Works Building Contract 2024

Schedule of Amendments to JCT Minor Works Building Contract 2024 Schedule of amendments to the jct minor works building contract 2024 The Contract comprises the Minor Works Building Contract 2024 Edition published by the JCT subject to the following amendments: agreement ARTICLES Articles 5 and 6 [See drafting note] Article 8 Article 8 Arbitration Delete Article 8 and insert ‘All references to arbitration in this Contract are deleted’. Article 10 After Article 10 insert the following: Article 10 [ To be added on the face of the contract ] Schedule of Amendments The Employer and the Contractor agree that the modifications in the Schedule of Amendments attached hereto (as initialled by the parties) are incorporated into this Contract and the provisions of the Agreement, the Contract Particulars, the Conditions and the Schedules annexed to the Conditions shall have effect as modified by the Schedule of Amendments which together comprise the ‘Contract’. Article 11 Insert new Article: ‘Article 11 Collateral Warranties Within 14 days of the Employer’s request,...

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High Court determines neighbouring solar farms did not create a single ‘NSIP’ development (Drayton Manor Farms Ltd)

Planning analysis: This case involved a claim brought by Drayton Manor Farms Ltd seeking clarification as to whether the solar farm for which it had already been granted planning permission in 2023 (2023 Planning Permission) from the Local Planning Authority (Stratford-Upon-Avon District Council) (LPA) also required development consent under section 31 of the Planning Act 2008 (PA 2008). The court was asked to consider the practical and legal significance of a note attached to the 2023 Planning Permission, in which the LPA stated that the proposed project was an extension of an existing (adjacent) solar farm and the applicant would be ‘proceeding at its own risk it did not apply for a DCO’ (potentially committing a criminal offence for carrying out a development for which development consent was required). In reaching his conclusion that the two solar farms were indeed independent, the judge confirmed that the key factor in any determination should relate to the projects' power generation function, rather than their special proximity. Written by Thomas Horner, associate at...