You have asked: If an employment contract requires notice of termination ‘in writing’ but does not define what this means, would notice by email constitute effective service? Can an employee argue that notice of termination has not been effectively given if it is served by a method not expressly set out in the contract? There is no statutory requirement that notice of termination needs to be given in writing (notice may be oral or in writing), provided it is clearly communicated. For further information, see Practice Note: Contractual notice. All contracts of employment must include details of the length of notice that the employee is entitled to receive in order to terminate the contract. For further information, see Practice Note: Written statements of employment particulars—What the written statement

The UK higher education (HE) sector has been resistant to adopting the sort of standardised contractual documentation that has been commonplace in other education sub-sectors for decades. Even so, all HE providers have student contracts designed to capture key obligations and comply with consumer law and student protection requirements. This Practice Note considers the legal relationship between students and their HE providers, focusing on how and when this relationship is distilled into contractual form. It also covers regulatory requirements derived from legislation and the impact of regulatory oversight. Legal status of relationship with students Universities may be constituted in several different ways. Generally, universities have been created either by Royal Charter (eg Oxford and Cambridge) or by specific Acts of Parliament (eg University of London). They may also be companies registered under the Companies Act 2006. See Practice Note: University governance in England. HE corporations were created by the Education Reform Act 1988, which also gave further education (FE) institutions meeting statutory enrolment criteria the status of bodies corporate. The Further and Higher Education

Where the bankrupt was a party to a contract containing an arbitration agreement before the commencement of the bankruptcy, section 349A of the Insolvency Act 1986 sets out how the agreement may be enforced by or against the trustee in bankruptcy (trustee) in relation to matters arising from or connected with the contract. If the trustee has adopted the contract, the arbitration agreement is enforceable by or against the trustee in relation to matters arising from

1 Interpretation 1.1 The following definitions and rules of interpretation apply in this Schedule: Customer’s Scheme • the [description of pension scheme(s)] currently operated by the Customer in respect of the Relevant Employees Onward Transfer Date • the date of transfer of Onward Transferring Employees of the Supplier pursuant to TUPE 2006 on expiry (or earlier termination) of this [ Outsourcing Contract]; Onward Transferring Employees • employees of the Supplier who will on expiry (or earlier termination) of the [Outsourcing Contract] automatically transfer under TUPE 2006 to the Customer or another employer Relevant Employee • [refer to employment definitions in the Outsourcing Contract] Supplier’s Scheme • the [description of pension scheme(s)] to be operated by the Supplier in respect of the service of the Relevant Employees after the Transfer Date Transfer Date • [insert date] TUPE 2006 • the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 2 Customer warranties 2.1 The Customer represents, warrants and undertakes to the Supplier that: 2.1.1 the Customer’s Scheme is a registered pension scheme under the Finance Act 2004 and there is no reason why its registration may be withdrawn or cease to apply 2.1.2 the Customer’s Scheme has at all times been operated and administered in accordance

This Q&A focuses on whether a contract has been formed and, if so, on what terms. The principles of contract formation, offer and acceptance (and counter-offer) and express and implied terms (set out below) will need to be considered in light of the particular situation in question. For a contract to be effective, four key elements must be present: Acceptance of a contract may be express or may be inferred from words or conduct: Brogden v Metropolitan Railway Corporation. The test is whether a reasonable person in the position of the offeror would think that the offeree was by his conduct intending to accept the offer: IRC v Fry. Unilateral contracts are usually accepted by conduct. In the case of a bilateral contract, the offeree must make a counter-promise to the offeror which, in an appropriate case, could also be inferred from conduct. Acceptance will only be inferred

This Practice Note is about capital allowance-related pre-contract enquiries on a property transfer. It applies to the grant of a new property interest (eg a lease) as well as to the acquisition of an existing lease or freehold. For clauses and warranties that should be included in a property sale contract relating to the buyer and seller’s capital allowances position in respect of any fixtures in the property, see Precedent: Capital allowances clauses for property sale contracts. Pre-contract enquiries On most property acquisitions, the buyer, through the buyer’s solicitor, should ask a number of standard questions, some of which will relate to capital allowances (purchases at auction may be an exception). These questions need to be answered by the seller to the buyer’s satisfaction: they are important and can have a significant impact on the buyer’s claim for allowances. Answers such as ‘not applicable’, ‘not necessary’, ‘don’t know’, ‘ask accountant’ or 'buyer to make own enquiries' are unacceptable. Very often, the buyer’s position can be adversely affected by documentation, including

Schedule of amendments to the jct intermediate building contract 2024 The Contract comprises the completed Intermediate Building Contract 2024 published by the JCT subject to the following amendments: RECITALS Sixth Recital Sixth Recital Delete and replace with:‘The Contractor has supplied the Architect/Contract Administrator with a master programme and a Schedule of Information Requirements.’ ARTICLES Articles 6 and 7 [See drafting note] Article 9 Article 9 Arbitration Delete Article 9 and insert: ‘All references to arbitration in this Contract are deleted.’ Article 11 Insert new Article 11 as follows: Article 11 [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 Conditions and the Schedules annexed to the Conditions shall have effect as modified by the Schedule of Amendments which together comprise the ‘Contract’. If there is any discrepancy between the Agreement and/or the Conditions and the Schedule of Amendments, the wording of the Schedule of Amendments shall prevail.’ CONTRACT PARTICULARS The Contract Particulars

The Contract comprises the completed Design and Build Contract 2024 Edition published by the JCT subject to the following amendments: RECITALS Third Recital Third Recital Delete and insert:‘The Contractor has:(a) inspected the Site and satisfied himself as to its dimensions, location and other relevant matters(b) examined the Employer’s Requirements and is satisfied that the Contractor’s Proposals and Contract Sum Analysis will meet the Employer’s Requirements, and(c) agreed to accept responsibility for the entire design contained in the Employer’s Requirements and the Contractor’s Proposals.’ ARTICLES Article 1 Article 1 After ‘shall’ insert ‘carry out and’ Articles 6 and 7 [See drafting note] Article 9 Article 9 Delete Article 9 and insert:‘Not used.’ Article 11 Insert new Article 11 as follows: ‘Article 11 [ To be added on the face of the contract ] The Employer and the Contractor agree that the modifications in the Schedule of Amendments attached hereto (as initialled by the parties) shall be incorporated into this Contract and the provisions of the Agreement, the Conditions and the Schedules annexed to the Conditions shall have effect as modified by the Schedule of Amendments which together comprise

This Practice Note on economic torts compares in summary form the distinguishing features of pursuing claims for lawful means conspiracy, unlawful means conspiracy, unlawful interference and procuring a breach of contract. For detailed guidance on each of the different torts, see Practice Notes: • Civil conspiracy claims (economic tort) • Lawful means conspiracy (civil action) • Unlawful means conspiracy (civil action) • Economic tort of unlawful interference • The tort of procuring a breach of contract Related to the tort of procuring a breach of contract is the so-called ‘Marex tort’, a cause of action predicated on the defendant’s alleged intentional violation of the claimant’s rights in a judgment debt, on which see Practice Note: The Marex tort (interference with a judgment debt). Such claims can often (though need not) involve a party’s fiduciary or agent, including company directors, for further guidance, see Practice Notes: • Claims against directors—key considerations for dispute resolution practitioners • Agency disputes • Fiduciary Duties • Fiduciary duties—remedies for breach In addition,

This Practice Note considers when contractual obligations merge on completion of a property contract and remedies that may be available after completion. For contractual remedies in relation to property contracts generally, see Practice Notes: • Specific performance of property agreements • Notice to complete • Termination for breach of property contract • Repudiation of property sale contracts • Return or forfeiture of a deposit • Misrepresentation, misstatement and non-disclosure in property matters • Rectification—mutual mistake, and • Rectification—unilateral mistake The general rule At common law, there cannot be two agreements that cover the same ground. When a contract is completed by deed, insofar as they cover the same ground, the provisions of the contract merge into the completed deed and the terms of the contract are discharged. For example, a contract for the sale of land merges into the transfer or conveyance and a contract for an agreement for lease merges into the lease. This means that following completion the parties cannot bring an action for breach of a contractual

The employment tribunal has jurisdiction 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. The employment tribunal’s jurisdiction to consider breach of contract claims is subject to a number of restrictions, including that the claim must arise or be outstanding ‘on the termination of the employee’s employment’ (ET Extension of Jurisdiction Order 1994, SI 1994/1623, reg 3(c)). The time limit for a claimant to bring a claim for breach of contract in the employment tribunal is three months beginning with the effective date of termination of the contract giving rise to the claim or, where there is no effective

The basic requirements for contract formation are: an intention to create legal relations, offer, acceptance and consideration. Unless prescribed by statute, it is not necessary for a contract to be in any particular form or even in writing. The requirements for contract formation may, however, be evidenced in writing. There is no doubt that in principle contracts can be formed through offer and acceptance via email. An email will generally satisfy a requirement for writing and where a contract is required to be signed (such as a disposition of an interest in land under section 53 of the Law of Property Act 1925) the addition of a name to the end of the email may be sufficient to satisfy a statutory requirement for signature (see eg Hudson v Hathway), and can include an automatically generated signature (Neocleous v Rees). There is no reason why, provided the necessary ingredients for a contract are present,