This Deed is made on [date] Parties The parties clause should clearly and unambiguously identify the parties to the agreement. This makes it clear which persons or entities have obligations under the contract and can also reveal potential issues with capacity or authority of a contracting party that need to be considered further. Check that the parties named in the contract are correct. If there is more than one company in a corporate group, check that the company entering into the contract is the appropriate group entity. Parties 1 [insert name of Assignor] [of OR a company incorporated under the laws of Ireland with registered number [insert registered number] whose registered office is at] [insert address] (Assignor); and 2 [insert name of Assignee] [of OR a company incorporated under the laws of Ireland with registered number [insert registered number] whose registered office is at] [insert address] (Assignee), each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties. Background This section (which is also known as the ‘recitals’) should be used to briefly

Unmarried, cohabiting couples cannot have recourse to the Matrimonial Causes Act 1973 (MCA 1973), and are reliant upon the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) for any claim they may seek to make following separation in relation to the beneficial ownership of a property. Under TOLATA 1996, a cohabitant who is not a legal owner of a property may seek to apply to the court for a declaration that they have a share in the beneficial ownership of the property. Such a claim can be complex and costly for both sides. A cohabitant who wishes to protect their interest in a property, such as the cohabitant in the scenario of

This Precedent is a variation agreement between two parties, used to document changes to an existing contract between the same parties. Consideration is given in connection with the variation and therefore this agreement is executed as a simple contract rather than a deed. Optional drafting is provided for confirmation and consent to the variation, which may be required from a third-party guarantor. This Precedent is intended to be used in situations where: • there is an existing contract between two or more parties • the parties, by consent, wish to change certain provisions of the contract (whether to delete, amend or add further provisions) • there are no provisions within the existing contract which permit the change of some or all of its provisions without entering into a written form of variation, and • the parties are satisfied that there is consideration for the variation and so do not need it to be effected by way of deed See Precedents: Ireland—Deed of variation, where the parties wish to vary the contract by way of deed and Ireland—Letter of variation for a short form letter of variation. If the variation of

The extent of a party’s entitlement to assign any rights under a construction contract, and the question of whether any purported assignment is valid, will in all cases depend upon the particular facts and the terms of the contract and the assignment. We can therefore only answer this question in general terms. Assignment in construction contracts Assignment is the transfer of a right or an interest vested in one party (the assignor) to another party (the assignee). Only rights or benefits under a contract may be assigned. Burdens under a contract (eg an obligation to pay or, in the construction context, complete the works) cannot be assigned the same way as benefits, and remain with the original party/assignor. Subject

The Cabinet Office has published Procurement Policy Note 01/24: Carbon Reduction Contract Schedule (PPN 01/24), providing contracting authorities with guidance on a new optional standard carbon reduction contract schedule that can be included in government contracts. PPN 01/24 applies to all central government departments, their executive agencies and non-departmental public bodies. Other public sector contracting authorities may also wish to apply the guidance. It is applicable immediately.

Sublicences in contract law Contract law generally allows a licensee to sublicense their contractual rights and obligations, unless the agreement states expressly that this is not permitted. This principal was established in British Waggon Co v Parkgate Waggon Co v Lea & Co. The exception to this is where the contract requires a particular person to perform the contract or requires personal services from them. Sublicensing involves the creation of a further licence which is intended to be subordinate to the head licence and which pushes some or all of the elements of performance of the contract onto the sublicensee. A written sublicence will specify the terms under which it is granted, such as the deliverables and the limits on use of the licensed rights. No automatic sublicences for intellectual property The general contractual position stated above is reversed for intellectual

We refer you to Schedule 2 to the Consumer Rights Act 2015 (CRA 2015) which contains an indicative and non-exhaustive list of terms of consumer contracts that may be regarded as unfair (CRA 2015, s 63), and includes at para 9: ‘A term which has the object

The pre-completion transaction (PCT) rules apply to PCTs entered into on or after 17 July 2013 (Schedule 2A to the Finance Act 2003 (FA 2003)). The rules replaced the subsale rules that were contained in FA 2003, s 45. The rules are complex and contain elaborate anti-avoidance provisions. The rules apply when: • a person (the original purchaser) enters into a contract (the original contract) for the acquisition by that person of a

Dispute Resolution analysis: A claim by a Paddy Power betting customer to winnings paid out to him following a human error as to the sum which he was prepared to stake has failed. Written by Phillip Patterson, barrister, Gatehouse Chambers.

Employment analysis: Craig Orr QC and Mehdi Baiou, of One Essex Court, examine a Supreme Court decision which looks at when negotiating damages (‘Wrotham Park damages’) may be awarded for breach of restrictive covenants.

Condition 5.1 reflects the usual market position that the property is at the buyer’s risk from the date of the contract (this is also the open contract position): this effectively reverses the position that existed under the SCS 4th edition. Consequently, damage to or destruction of the property between exchange and completion will not entitle the buyer to refuse to complete, nor to rescind the contract, nor to claim damages. Ordinarily, therefore, the buyer should be advised to insure the property from the date of exchange. However, this will not apply where (Condition 5.1.2): • the contract provides

Depending on the nature of the new issue/ground for termination that has occurred after service of the default notice specifying the contractor's failure to proceed regularly and diligently, the employer may have two options to consider as to how it might proceed. The JCT Design and Build Contract 2011 Edition provides as follows at Clause 8.3: ‘8.3.1 The provisions of clauses 8.4 to 8.7 are without prejudice to any other rights and remedies of the Employer. The provisions of clauses 8.9 and 8.10 and (in the case of termination under either of those clauses) the provisions of clause 8.12, are without prejudice to any other rights and remedies of the Contractor.’ The effect of this