ARCHIVED: This Precedent has been archived and is not maintained. From 1 September 2021, candidates can only qualify via the training contract route if they satisfy the SRA’s transitional requirements. Otherwise, they must qualify via the Solicitors Qualifying Examination (SQE), for information on which see Practice Note: The Solicitors Qualifying Examination (SQE). Recognised Training Contract dated [insert date] Parties 1 [Insert name of firm] [of [insert address] OR an LLP incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address]] (the 'Firm'); and 2 [Insert name of trainee solicitor] of [insert address] (‘you’). 1 Purpose of the contract 1.1 The purpose of this contract is to set out the principal duties and responsibilities of the Firm and of you in accordance with the SRA Standards and Regulations (the ‘Standards and Regulations’)[ and the guidance for law firms published by the SRA]. This contract also contains the particulars required for a written statement under section 1 of the Employment Rights Act 1996. 1.2 In the event of any conflict between this contract and any additional terms of employment, the terms of this contract take precedence.

This Checklist sets out the relevant issues when considering terminating a contractual relationship, whether for convenience, breach of contract, on the occurrence or non-occurrence of specific termination events or other commercial provisions. It includes possible alternatives to termination, the different grounds for termination, establishing breach of contract and whether this entitles a party to terminate (in accordance with contractual rights to terminate or for repudiatory breach at common law and the relationship between the two), other important contractual provisions to bear in mind, the steps to be taken before and after termination, the process of termination and the practical steps following termination. For more information on termination generally, see: Contract termination—overview. For a ‘how to’ guide on contract termination see Practice Note: How to terminate a contract. There are various other bases and grounds on which a contract may be terminated which do not involve any breach of its terms. For a summary of the different causes of termination and ways to discharge a contract, see Practice Note: Termination and expiry of contracts. See also: Choosing a termination right—flowchart. For

This Practice Note is a ‘how to’ guide on terminating a commercial, business-to-business contract, which signposts relevant content. It includes a summary of the different methods of contract termination, factors when considering if termination is appropriate, the requirements for a valid termination, and other legal and practical considerations when terminating a contract. There are a number of ways in which a contract can be brought to an end. For a high level view of the various different legal concepts that may be relevant, see: Contract termination—overview and Practice Note: Termination and expiry of contracts. This Practice Note is primarily focused on terminating business-to-business commercial contracts in accordance with common law and the clauses in the contract. For detailed guidance on the law in relation to contractual termination by these methods, see Practice Note: Terminating commercial contracts. For a useful, detailed checklist to use when terminating a contract, see: Contract termination—checklist. For an illustration of the issues to be considered when choosing a method for termination of a commercial contract, see: Choosing a termination right—flowchart. See

This Checklist outlines key provisions and issues for consideration when drafting and negotiating a contract review clause. Contract review provisions are typically found in schedules to contracts. For information on drafting schedules, see: Ireland—Drafting a schedule—checklist. See also Practice Note: Ireland—Reviewing commercial contracts to minimise financial difficulties. Legal issues General comments What to watch out for Scope The contract review may apply to only certain clauses, such as price, or extend to a review of the whole of the contract.The review may be carried out by one party to the contract, both parties to the contract or an independent third party. Consider which contractual provisions are being made subject to a review.Consider who will carry out the review. If it is an independent third party, consider who is going to do it and how this is going to be paid for. Ensure that the third party is genuinely independent if this is required. Purpose The contract review should be carried out for a discernible reason. If, after a number of such reviews,

A contract can be made up of all or any of: • express terms • implied terms • imposed terms • incorporated terms For further information, see, generally, Practice Note: Types of contractual term in employment. When it comes to resolving a dispute between the employer and the individual as to the express terms of a contract, it will be necessary to determine what the actual terms are. In construing the relevant terms of a contract, the court will strive to interpret the bargain made by the parties. The usual canons of construction that apply in relation to the general law of contract also apply in relation to construing the terms of an employment contract. See the commentary in Introduction to constructing a contract of employment: Harvey AII [21 ff]. Where the individual entered into an employment

This Checklist provides guidance to drafters of contracts and their clients on the initial contract considerations when entering into contracts generally. Businesses enter into contracts on a daily basis covering many different aspects of their business. It is important that commercial entities understand and address the negotiation and performance of the contracts that they enter into. This Checklist is intended to give guidance to drafters of contracts and their clients on the initial contract considerations when entering into contracts generally. It does not address the particular considerations of specific contracts. For more detailed information on other considerations which may be relevant at the outset of a contract negotiation, see also: • Ireland—Commercial contract drafting and review—checklist • Ireland—Commercial contract review and execution (business personnel)—checklist Consideration Description Set objectives Consider:—what you want to achieve—whether it is realistic, and—whether you have a clear understanding of the purpose of the agreementIt is important that both sides to an agreement are aligned in their thinking. The core of any contract is agreement and if there is either misunderstanding

For further general guidance on executing simple contracts with links to related content, see: Ireland—Execution—overview. Preliminary considerations Before executing a contract, check that all the required elements for the formation and execution of the contract are present. For more information, see: Ireland—Initial contract considerations—checklist, and Practice Notes: Ireland—Contract law essentials and Ireland—Executing simple contracts and deeds. Contract formation Four key elements are required to effect valid contract formation, namely: • offer—a clear statement of the terms upon which an offeror (the party making the offer) is willing to contract, should the offeree (the party receiving the offer) choose to accept • acceptance—a final and unequivocal expression of agreement to the terms of an offer • consideration—given for the promise being made • intention to create legal relations—parties to an agreement must intend that the agreement will result in a legally enforceable contract For more information on the formation of contracts, see: Ireland—Formation and interpretation—overview. Form of document to be executed Contracts can be made: • orally • in writing, or

[Headed notepaper of the assignor] To: [Insert name and address of recipient (ie the other party to the contract that was assigned)] [Insert date] This Precedent is a letter notice of assignment, which informs a party to a commercial contract that the other party (the assignor) has assigned all or part of its rights, title, benefit and interest in the contract to a third party (the assignee). It assumes that the commercial contract which was assigned is governed by the laws of Ireland. In the case of an assignment of contractual rights, giving the contract counterparty written notice of the assignment is one of the key requirements for the creation of a statutory assignment under the Supreme Court of Judicature Act (Ireland) 1877 (Ireland), s 28 (SCJA(I) 1877 (IRL)) (ie an assignment which takes effect as a legal assignment). While SCJA(I) 1877 (IRL), s 28 does not include any specific requirements about the form of the notice which needs to be given, the need to document such notice and be in a position to evidence

With automation and workflow tools becoming more and more part of daily life for lawyers, businesses are increasingly realising the benefits they can bring, including: • increased productivity • more efficiency and reduced timescales • operational efficiency and cost-savings • better data and management information • greater visibility of risk and the ability to manage it, and • speed to market—eg ability to shorten sales cycles New ways of working impact on people as well as processes and getting buy-in from the immediate team and the wider business is essential to the success of a project. Underpinning all this is the need to thoroughly analyse existing processes to gain an in-depth understanding of how workflows can be improved. Most importantly, the business needs to be ready to embrace innovation—effective change management is crucial. This Practice Note discusses the automation of contracting and contract lifecycle management, including key areas such as what contract lifecycle management is, the challenges of contracts and how to tackle them, advantages of contract management solutions, the benefits

This Precedent is a basic contract of employment.... Ireland—Employment contract basic version Contract of employment dated [insert date] Parties Check that the employer’s name is accurately recorded and that the employer’s status is clear—for example is it a limited company, a limited partnership, a partnership, a sole trader or a trading association? If the employer is part of a group of companies consider whether the employee is contracting with the correct group company in terms of with which entity the employee should be entering into contractual obligations. If the employer is a partnership, note that continuity of employment is preserved on a change of partners. Parties 1 [Name of Employer] [of [insert address] OR a company incorporated in [Ireland] (registered number [insert number]) whose registered office is at [insert address]] (we or us); and 2 [Name of employee] of [insert address] (you). 1 Appointment We will employ you on the terms and conditions set out in this contract. 1.1 [ OPTION 1: CONTINUITY (NO PREVIOUS PERIOD OF EMPLOYMENT COUNTS): Your employment with us under this contract [will start OR started] on [insert date] (the 'Start Date'). Your period of continuous

This Practice Note considers hierarchy of documents clauses within a building contract (otherwise known as order of precedence clauses, precedence clauses or priority of documents clauses). Construction contracts can be lengthy and made up of a number of different documents, both legal and technical—this Practice Note looks at how the courts approach a contract when there is a conflict between different elements of them. It looks at how the priority of contract documents can be expressly dealt with in the conditions themselves, how effective these clauses will be in a dispute, and contains example hierarchy of documents clauses setting out the order of precedence of various contract documents. It also considers how standard form building contracts, including JCT, NEC and FIDIC, deal with the hierarchy of documents, the effect of BIM protocols, and looks at general common law rules as to the priority of documents within a construction contract. Hierarchy of construction documents Building contracts for construction projects are usually made up of a number of different documents which, together, describe the works to be

This Deed is made on [date] Parties 1 [Insert name of first party to the contract being terminated] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party A); and 2 [Insert name of second party to the contract being terminated] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party B), each of Party A and Party B being a party and