An assignment is an immediate transfer of an existing proprietary right, vested or contingent from one party to another. It is not technically possible to assign a contract as, generally, the burden or obligations under a contract cannot be assigned. Contracts often include an assignment clause which sets out if, and to what extent a party's rights under an agreement can be assigned or otherwise dealt with (see, eg Precedent: Assignment clause). Unless assignment

The ‘CIOB Contract for use with Complex Projects, First Edition 2013’—CPC 2013 for short—was published by the Chartered Institute of Building (CIOB) in April 2013 and was based on the principles set out in the CIOB’s ‘Guide to Good Practice in the Management of Time in Complex Projects’ (CIOB Guide). This form was drafted with a focus on the management of time in complex construction and engineering projects. It was the first standard form contract to cater in detail for Building Information Modelling (BIM), and took a collaborative approach in relation to design. The CPC 2013 was superseded in November 2015 by a revised edition of the contract, with the new name the 'CIOB Time and Cost Management Contract 2015' (TCM 2015). Much of the original provisions of CPC 2013 were retained in TCM 2015, subject to some moderate re-drafting following customer feedback, as well as some re-structuring and clause number changes. Where there are more significant changes to be aware of between CPC 2013 and TCM 2015 these are highlighted in this Practice Note. What

ARCHIVED: This archived Practice Note sets out illustrative and key decisions in contractual dispute claims from 1 January 2020 to 20 December 2023. For further information on illustrative and key decisions in contractual dispute claims from 21 December 2023 onwards, see Practice Note: Contract disputes—key and illustrative decisions (2024–2025). NOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use ctrl+f to search its contents. The general principles applicable in contractual dispute cases pertaining to formation, interpretation and remedies for breach are relatively well established, see: • Forming enforceable contracts—overview • Contract interpretation—overview • Terminating contracts—how and when a contract ends—overview • Contractual breach damages and remedies—overview And, while it is critical that each case is analysed on its own merits and its own unique set of factual and legal circumstances, it is of use to understand the operation of the key legal principles in their factual context. This Practice Note therefore includes some of the more illustrative decisions in the

In determining the answer to this question, it will be necessary to consider: • whether there is a contract of employment in place • whether there is a contractual right to ‘death in service’ benefit Contract of employment Once an unconditional offer of employment has been accepted, there will generally be a binding contract of employment, even though the employee has not yet started work (unless it is made clear in the offer that the contract will take effect on a different date). For more detailed information, see Practice Note: Offer of employment. An offer of employment can be made orally or in writing but it is advisable that it is in writing to remove uncertainty

STOP PRESS: Regulation (EU) 2026/1744 amending Regulation (EU) 2024/1689, Regulation (EU) 2018/1139 and Regulation (EU) 2023/1230 as regards the simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI) was published in the Official Journal on 24 July 2026 and entered into force on 27 July 2026. This Practice Note will be updated shortly to reflect amendments to Regulation (EU) 2024/1689, the EU Artificial Intelligence Act. For further information on the changes introduced by the Digital Omnibus on AI, see Practice Note: EU Digital Omnibus—tracker and News Analysis: Digital Omnibus proposal—re-writing the EU's digital rulebook. Frequently, a supplier or customer will use a set of standard terms developed for domestic trade in its home country. When that business deals with a party in another country or opens a new business in another country, it will often wish to reutilise these terms, which will usually have been developed to reflect its particular business model as well as the applicable laws and regulations of the home country.

The JCT Constructing Excellence Contract (JCT CE) was first launched in March 2007. JCT CE followed on from JCT’s earlier collaboration with ‘Be’ (a merger between Reading Construction Forum and the Design & Build Forum) to produce its first partnering contract, the Be Collaborative Agreement. The continuation of this relationship, and ongoing recognition of the need for agreements reflecting the partnering concept, led to the development of the JCT Constructing Excellence Contract and the accompanying JCT Constructing Excellence Project Team Agreement (JCT CE/P). The most recent editions of JCT CE and JCT CE/P were published in October 2024 as part of the JCT 2024 suite of contracts (hence they are known as JCT Constructing Excellence Contract 2024 and JCT Constructing Excellence Project Team Agreement 2024 respectively). For a summary of the changes made in the 2024 versions in comparison to the previous 2016 versions, see News Analysis: The JCT Constructing Excellence Contract 2024—what’s changed? JCT CE embraces partnering and therefore is particularly suited to projects where the parties wish to use partnering or collaborative working

For the purposes of this Q&A we have assumed that the contract does not expressly provide for termination on an insolvency event. A contract may be frustrated if an unforeseen event occurs after the contract is formed and: • as a result of that event: ◦ the contract becomes impossible to perform, and/or ◦ the obligations under the contract are transformed into something radically different • the contract does not contain a clause intended to deal with the unforeseen event • the unforeseen event is not caused by either party’s conduct Frustration of a contract takes place when: '…there supervenes an event (without default of

It is not unusual for a contract to include a term that it will automatically terminate in certain circumstances, whether upon the expiration of a certain period of time or upon the occurrence of a specific event. With regards the former, unless we are dealing with circumstances of employment or consumer protection (which it is assumed we are not)—in which case different principles will apply—then there is nothing prima facie wrong with such a term. Where a contract specifies that it is to continue for a specific period of time and that time period expires, the contract, on its own terms, comes to an end. Subject to any post-termination

1 Introduction 1.1 This document sets out the Company’s policy in relation to career breaks, which will usually last between [insert number] months and [insert number] [months OR year[s] ]. In order to take a career break, you will be required to terminate your employment contract and the Company will endeavour to offer you employment in the same or a similar role in accordance with paragraph 5.[ If you wish instead to take a shorter break, during which your employment will continue, see the Company’s sabbatical policy, which is available from the [HR department].] 1.2 This policy applies only to employees. It does not apply to agency workers, consultants[, contractors], volunteers[, interns] or casual workers. 1.3 [This policy has been [agreed OR implemented following consultation] with [[enter name of relevant trade union(s)] OR [enter name of works council] OR [enter name of staff association]].] 1.4 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.5 Career breaks are granted at the absolute discretion of the Company, and the Company’s decision is final. 1.6 You may wish to request a career break for a variety

This Practice Note examines the jurisdiction of the employment tribunal to hear claims for breach of contract under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (ET Extension of Jurisdiction Order 1994), SI 1994/1623. It considers claims for unpaid wages, the limits on the employment tribunal’s jurisdiction (including the exclusion of personal injury claims, intellectual property claims and restrictive covenant claims), the implications of those limits where the employee’s losses exceed £25,000, time limits, breach of contract claims by employers and the factors to consider when deciding whether to bring a breach of contract claim in the employment tribunal or in the civil courts. Finally, it includes details of proposals for reform of employment law hearing structures. For guidance on: • unlawful deduction from wages claims, see Practice Note: Deductions from wages • the legal and practical issues to consider when deciding whether an employee should bring a claim for unlawful deduction from wages or a claim for breach of contract, see the section of Practice Note: Deductions from wages—Whether to bring an unlawful

Nature and purpose of a deposit While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. There is no common law requirement for a buyer to pay or a seller to demand a deposit. There must be a specific provision for a deposit in the contract. A deposit serves two purposes: • as the seller’s security for the buyer’s performance of the contract • part payment of the purchase price when the sale completes The deposit gives the seller comfort that the buyer will perform its obligations under the contract. Unless the contract, taken as a whole, shows an intention to exclude the right to forfeit, the seller is entitled to forfeit the deposit if completion does not occur due to the buyer’s default. This is the case even if the contract does not expressly provide for forfeiture. The law infers that a deposit is paid as a guarantee for performance of the contract. In Samarenko v Dawn Hill House [2011] EWCA Civ 1445, the Court of Appeal held that

This Q&A considers whether there is a right to partially terminate in the event of repudiatory breach in a business-to-business commercial contract in respect of which no specific industry or sector regulations apply. It does not cover frustration, mistake, rectification or severance of illegal or unfair terms. A party to any given contract will also have to consider whether a right to partial termination arises under any terms of the relevant contract on a true interpretation. For further information, see Practice Notes: Contract interpretation—the guiding principles and Rules of contract interpretation. See also Contract interpretation—overview and Practice Note: Ending a contract by agreement. For further information on express and implied terms, see Practice Note: Express and implied terms in contracts. You may also find it helpful to consider the commentary in Q&A: Is it possible to structure