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

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 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, the Contractor shall deliver to the Employer executed deeds of collateral warranty from the Contractor in favour of any Funder, Purchaser and Tenant in the relevant form set out in Appendix A.’ Article 12 Insert new Article: ‘Article

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 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

Schedule of amendments to the jct intermediate building contract 2016 The Contract comprises the completed the Intermediate Building Contract 2016 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 Article 5 Article 5 In the first line after ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’ Article 6 Article 6 In the first line, after ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’At the end insert: ‘The Contract Sum includes the Contractor’s price for fulfilling the duties of Principal Contractor’. Article 8 Article 8 Arbitration Delete Article 8 and insert: ‘All references to arbitration in this Contract are deleted.’ Article 10 Insert new Article 10 as follows: 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 Conditions and the

This Practice Note is part of a series of notes which examine commercial property contract clauses from the buyer’s perspective and suggests practical amendments and issues to look out for—see: Buyer's practical contract negotiation collection. It focuses on typical clauses dealing with arrears in a contract for sale subject to leases. In this context arrears are sums due from tenants which have not been paid to the seller as at completion (including any VAT in respect of such sums). This Practice Note looks at issues arising from the buyer’s due diligence in relation to arrears, the relevant position under the Standard Commercial Property Conditions (Third Edition—2018 Revision), how arrears are commonly dealt with in practice and suggests practical due diligence and drafting tips for buyers. It does not deal with arrears in the context of a headlease, see instead: Due diligence—head lease rent arrears—checklist. The right to collect or sue for arrears The buyer should check how the contract deals with who has the right to collect, or sue for, arrears. While the parties may negotiate both

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,

Employment analysis: In Kankanalapalli v Loesche Energy Systems Ltd, the EAT held that an accepted job offer subject to references and right to work checks created a binding contract with conditions subsequent, not precedent. It further held that, where no notice term is agreed, a term of reasonable notice must be implied at the time of contracting. On the facts, three months’ notice was reasonable. The employer’s withdrawal of the offer without such notice amounted to breach of contract. The decision clarifies the construction of conditional offers and emphasises that implied terms must be assessed at the date of contract formation, not by reference to later or undisclosed employer practices.

This flowchart illustrates the final payment process in the JCT Standard Building Contract

For the purposes of this Q&A, it is assumed this is a business-to-business contract. To establish that express terms and conditions (T&Cs) have been incorporated into a contract, the party seeking to rely on them must show that it has done what is reasonably sufficient to give the other party notice of them: Thornton v Shoe Lane Parking Ltd. This will be a question of fact in each case. The more onerous or unusual the terms, the more that needs to be done to bring them to the notice of the other party: Interfoto Picture Library v Stiletto Visual Programmes. See Practice Note: Express and implied terms in contracts. It is essential, when dealing with T&Cs, that one party's T&Cs are brought to the attention of the other if they

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

Construction analysis: The Outer House of the Court of Session held that, under a Standard Building Contract with Quantities for use in Scotland, 2016 Edition (the Scottish SBC terms), the contractor’s entitlement to reimbursement of loss and expense caused by a Relevant Matter was conditional upon it giving notice of the Relevant Matter to the Architect/Contract Administrator.