Superior Definition

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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...

Landlord consent to tenant works—Scotland—checklist

Landlord consent to tenant works—Scotland—checklist This Checklist outlines the key questions that both commercial landlords and tenants in Scotland should consider when landlord (and superior landlord) consent and licence for tenant works or alteration is being sought and negotiated. Is landlord consent required? In most commercial leases, the landlord will include express provisions restricting, (to some extent) the tenant’s ability to carrying out alterations. The extent of those restrictions will depend upon: • the nature of the proposed alterations • the nature of the property (eg a landlord of a shopping centre will seek to control alterations which might affect the appearance of the shopping centre, eg shop fronts and fascia of any shops, while a landlord of an industrial unit might not be as concerned with appearance), and • the relative commercial bargaining strength of the landlord and tenant The starting point therefore is to check the provisions of the lease to ascertain whether landlord consent is required to the proposed alterations. The Property Standardisation Group (PSG) leases contain...

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Ireland—Parties to an action

Ireland—Parties to an action STOP PRESS: SI No 14/2025 Rules of the Superior Courts (Guardian ad litem and next friend) 2025 (Ireland) amends Order 15 of the Rules of the Superior Courts (RSC) to provide the procedure for appointment of a next friend for a child plaintiff and of a guardian ad litem for a child defendant. This Practice Note will be updated shortly to reflect the relevant changes. Scope of this Practice Note This Practice Note provides an overview of the types of parties who may become involved (whether as plaintiff, defendant, third parties or notice parties) in civil litigation in Ireland, and the key procedural issues and practical considerations of which their legal advisors should be aware. It deals with the following types of party: corporations, partnerships, sole traders, minors, persons who lack capacity, the estate of a deceased party, State parties, notice parties, amicus curaie and litigants in person. This Practice Note also deals with the procedure for joining a party to proceedings, removing or substituting...

Ireland—Methods of alternative dispute resolution

Ireland—Methods of alternative dispute resolution This Practice Note provides an overview and introduction to forms of alternative dispute resolution commonly used to settle disputes in Ireland: direct negotiation, mediation, adjudication, arbitration and conciliation. It provides an overview of the key features of these forms of alternative dispute resolution and the governing legislation, namely, the Mediation Act 2017 (Ireland) (MA 2017 (IRL)), the Construction Contracts Act 2013 (Ireland) (CCA 2013 (IRL)) and the Arbitration Act 2010 (Ireland) (AA 2010 (IRL)). Forms of alternative dispute resolution Alternative dispute resolution (ADR) provides a voluntary alternative to litigation to settle civil disputes. The most popular ADR methods used in Ireland will be well recognised to those practising in other common law jurisdictions: arbitration, mediation, direct negotiation and construction adjudication. The process of conciliation, commonly used in Ireland for the resolution of both employment and construction disputes, will often not be familiar to those who practice elsewhere. There is also modest use of other processes on the ADR spectrum, such as expert determination. Likewise, escalating...

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ET1 grounds of claim—detriment: protected disclosure to employer

ET1 grounds of claim—detriment: protected disclosure to employer [Insert in para 8.1 of claim form ET1:] 1 The Claimant is employed in the planning department of the Respondent local authority. On [insert date], he discovered some documents which indicated to him that a senior planning officer in the department had, on a number of occasions, accepted gifts, including money, from contractors with the council. The Claimant subsequently discovered that other officers were also involved in similar corrupt acts. 2 The Claimant reported this information to the head of the department who said that he would look into it. However, there was no investigation and no action was taken against the officers concerned. Instead, the Claimant soon became aware that he was being shunned by his superior officers and excluded from policy group discussions in which he had previously been involved. 3 On [insert date], the Claimant applied for promotion within the department. Prior to his disclosures, the Claimant had been assured by his line manager that he

Deed of variation of lease

Deed of variation of lease date [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Landlord) 2 [name of Tenant] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Tenant) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Guarantor)] 1 Definitions In this Deed, the following definitions apply: Effective Date • [today OR the date of this Deed OR [other date on which the variation is to take effect]]; [Guarantor’s Obligations • the covenants on the part of the Guarantor in [the Lease OR a [describe other document in which the guarantor gave its guarantee] made between (1) [details of party], (2) [details of party] and (3) [the Guarantor OR [name of Guarantor]] ];] Lease • a lease dated [date] made between (1) [the Landlord OR [name of...

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In the context of the Leasehold Reform, Housing and Urban Development Act 1993 and the Landlord and Tenant Act 1987, where there are two flats in a building does the definition of qualifying tenants require there to be two separate leases or can one long residential lease covering both flats suffice for the purposes of collective enfranchisement or the right of first refusal?

In the context of the Leasehold Reform, Housing and Urban Development Act 1993 and the Landlord and Tenant Act 1987, where there are two flats in a building does the definition of qualifying tenants require there to be two separate leases or can one long residential lease covering both flats suffice for the purposes of collective enfranchisement or the right of first refusal? Chapter I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) allows for the collective enfranchisement by qualifying tenants of flats of the premises within which their flats are contained. The process is commenced by the service of a notice (known as the initial notice) under LRHUDA 1993, s 13, whereby the qualifying tenants give notice to the relevant landlord of their claim to exercise the right to enfranchise. LRHUDA 1993, s 5 provides that a person is a qualifying tenant of a flat under a long lease. ‘Long lease’ is defined in LRHUDA 1993, s 7 as being a lease for a term...

Do you have a template for a statutory declaration where there an owner only has a possessory title?

Do you have a template for a statutory declaration where there an owner only has a possessory title? See Practice Note: Land registration—classes of title which covers each of the four classes of titles (absolute, qualified, possessory or good leasehold) awarded by HM Land Registry. It looks at when and how a class of title can be upgraded at HM Land Registry, including the process of upgrading possessory title for leasehold properties. After first registration, the registrar has power to upgrade any inferior title if the statutory conditions for doing so are satisfied. The only people who may apply for an upgrade are: • the registered proprietor or the proprietor of a registered charge affecting the land • a person entitled to be registered as proprietor (eg a personal representative of a deceased registered proprietor), and • a person interested in a registered estate which derives from the estate to be upgraded An application to upgrade an inferior title can be made at any time after first registration provided that...

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Competition weekly highlights—15 May 2025

This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the Court of Appeal refuses permission to appeal against CAT’s judgment upholding CMA’s decision finding excessive and unfair pricing over NHS thyroid drug prices and reinstates original fine imposed by CMA, and (2) the CMA publishes warning and advisory letter maps sent to nation or region. This week's highlights also includes, from an EU perspective: (1) the Court of Justice’s judgment concerning national reference from Belgium on the application of Article 101 TFEU and the old vertical agreements block exemption to an exclusive distribution agreement, (2) the Commission launches a consultation on its ongoing review of the EU merger guidelines, (3) the European Parliament adopts revised screening rules for foreign direct investment in the EU, (4) the General Court’s judgment dismissing actions as inadmissible against the Commission’s decision approving extension of digital TV spectrum rights in the Czech Republic, and (5) the Commission amends State aid rules to provide public access to justice in environmental matters.

To disclose or not to disclose? Brazil’s unsettled case law on arbitrators’ duty of disclosure (Orion v Engie)

Arbitration analysis: Reversing a first-instance judgment, the Court of Appeals of the State of São Paulo annulled an arbitral award after concluding that one of the co-arbitrators breached his duty to disclose that he had previously served in another arbitral tribunal with one of the attorneys for the prevailing party. The court held that, under Brazilian law, arbitrators’ duty of disclosure is objective and continuous, and failure to reveal facts capable of creating a ‘reasonable doubt’ as to an arbitrator’s impartiality and independence suffices to vitiate the award, even in the absence of evidence of actual bias. This decision is significant for arbitration practitioners, as it occurs during a period of heightened scrutiny regarding arbitrators’ disclosure obligations in Brazil. Written by Renato Stephan Grion, partner at Pinheiro Neto Advogados, and Guilherme Piccardi, senior associate at Pinheiro Neto Advogados.

GLOSSARY

What does Superior mean?

View the related checklists about Superior

Drafting a building contract/schedule of amendments—checklist

Landlord consent to tenant works—Scotland—checklist

View the related practice notes about Superior

Ireland—Parties to an action

Ireland—Methods of alternative dispute resolution

View the related precedents about Superior

ET1 grounds of claim—detriment: protected disclosure to employer

Deed of variation of lease

View the related q&as about Superior

Do you have a template for a statutory declaration where there an owner only has a possessory title?

View the related News about Superior

Competition weekly highlights—15 May 2025

To disclose or not to disclose? Brazil’s unsettled case law on arbitrators’ duty of disclosure (Orion v Engie)

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GLOSSARY

Superior definition

What does Superior mean?

View the related checklists about Superior

Drafting a building contract/schedule of amendments—checklist

Landlord consent to tenant works—Scotland—checklist

View the related practice notes about Superior

Ireland—Parties to an action

Ireland—Methods of alternative dispute resolution

View the related precedents about Superior

ET1 grounds of claim—detriment: protected disclosure to employer

Deed of variation of lease

View the related q&as about Superior

Do you have a template for a statutory declaration where there an owner only has a possessory title?

View the related News about Superior

Competition weekly highlights—15 May 2025

To disclose or not to disclose? Brazil’s unsettled case law on arbitrators’ duty of disclosure (Orion v Engie)

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HELP & SUPPORT

LEGAL SOLUTIONS

Policies