[Headed paper of the employer] To: [insert name and address of recipient of letter] Date: [insert date] Dear [insert name of recipient organisation], [Insert name of project] ('the Project') We refer to your appointment as building contractor in relation to the Project by way of a contract dated [insert date of building contract] ('the Building Contract'). In

In answering this Q&A we have focused on liability under the Consumer Protection Act 1987 (CPA 1987) only. We have not considered the liability arrangements under the contract between the hire company and the event organiser. There may be other relevant avenues of liability for the consumer not considered below. Product liability Liability for defective products is dealt with under CPA 1987, which implements into UK law the provisions of Directive 85/374/EEC, the Product Liability Directive and imposes a strict liability on producers of defective products for the damage caused by those defects. Pursuant to CPA 1987, s 2(3) the supplier of the product, whether it be a wholesaler, distributor or retailer, may

A power of attorney (POA) is a document under which one party (the donor) grants to the other party (the attorney) the power to act on behalf of, and in the name of, the donor. A POA must be executed as a deed. A power of attorney may be a general power of attorney, an enduring or lasting power of attorney or a business lasting power of attorney. For a summary of the different kinds of powers of attorney, links to further content on specific types of power of attorney and more information on the appointment of attorneys in a general commercial context, see Practice Note: Powers of attorney in commercial transactions. For more information on the formalities required for the execution of deeds, see Practice Note: Deeds. This response assumes

Unfair terms Any term in a consumer contract or notice, including terms that deal with the retention of payments on cancellation, will be subject to the unfair terms provisions set out in Part 2 of the Consumer Rights Act 2015 (CRA 2015). This requires that all terms in a consumer contract (or notice) must be: • fair—a term or notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer, and • transparent—the term or notice must be expressed in plain and intelligible language and be legible Certain terms are also blacklisted, meaning they are automatically unfair and unenforceable (eg terms that exclude or limit the trader's liability in respect of the consumer's statutory rights). In addition, CRA 2015 provides a 'grey list' of terms that may be regarded as unfair in CRA 2015, Sch

Local Government analysis: Decisions made under private law contracts may be challenged by judicial review on standard public law principles. Before making such a decision, public bodies must carry out appropriate investigations, and, give sufficient reasons for the decision to be understood. Where decisions impact on public authority financial budget setting, permission will not be granted where there is any significant delay in process in respect of an application for a quashing order. More latitude will be given in respect of a claim for a Declaration. Written by Paul Ridout, solicitor, partner, HCR Legal LLP.

While case law has established that a break notice cannot be withdrawn or waived, (see Practice Note: Break clauses and notices—exercising breaks and conditions precedent), this does not prevent the parties from terminating the common law leases prior to expiry of the break notice by merger upon completion of the sale. Merger may determine a lease when: • both the lease and the reversion on that lease become vested in the same person (Rye v Rye) • that person holds both interests in the same capacity (see: Chambers v Kingham) • there is an intention to merge. Merger does not arise

A contract may refer to ‘statute’, ‘legislation’, ‘subordinate legislation’ or ‘enactment’. Such terms have different meanings. In addition, retained EU law is a category of law with its own categories of legislation. Legislation ‘Legislation’ is a broad term which includes primary legislation, secondary legislation and some retained EU law: • ‘Primary legislation’ describes the main laws passed by the legislative bodies of the UK (for example, Acts of the UK Parliament, Scottish Parliament, Welsh Parliament and Northern Ireland Assembly), includeing: ◦ Acts passed by historical parliaments ◦ other primary legislation for Northern Ireland ◦ Church of England Measures (legislation for the established church in England passed by the General Synod of the Church of England) ◦ certain legislative instruments made by the Crown and the Privy Council under the royal prerogative (called 'Prerogative Orders' and comprising either ‘Orders in Council’ (when made by the Queen on the advice

Article 27(1) of the General Data Protection Regulation (GDPR) requires both controllers and processors established outside the EEA to designate an EEA representative in certain situations, (see Practice Note: UK GDPR and EU GDPR—extra-territorial reach—Appointing a representative). While Article 28 of the GDPR does not provide that a controller-processor contract must contain any mandatory provision relating to an EEA representative, association with a party in breach of this obligation could result in damage to the other party's reputation. If a party has failed to appoint a representative when required it is also a red flag that it isn’t paying appropriate attention to compliance with data protection laws, which may make the risk

Article 27(1) of Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR) requires both controllers and processors established outside the EEA to designate an EEA representative in certain situations. See Practice Note: UK GDPR and EU GDPR—extra-territorial reach—Appointing a representative. While Article 28 of Regulation (EU) 2016/679, GDPR does not provide that a controller-processor contract must contain any mandatory provision relating to an EEA representative, association with a party in breach of this obligation could result in damage to the other party's reputation. If a party has failed to appoint a representative when required, it is also a red flag that it isn’t paying appropriate attention to compliance

It is assumed that the reference to 'public procurement rules and procedures' is a reference to the rules and procedures under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 (in particular Part 2). PCR 2015, SI 2015/102 (as amended by the Public Procurement (Amendment etc) (EU Exit) Regulations 2020, SI 2020/1319) apply to ‘contracting authorities’. PCR 2015, SI 2015/102, reg 2(1) defines ‘contracting authorities’ as comprising, inter alia, ‘bodies governed by public law’. They are defined as bodies that have all of the following characteristics: '(a) they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character (b) they have legal personality, and (c) they have any of the following characteristics:— (i) they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law (ii) they are subject to management

The Joint Contracts Tribunal (JCT) has announced that the 2024 edition of the Repair and Maintenance Contract will be released on 2 October 2024.

Possessory title is granted where the applicant claims to have acquired title to the land by adverse possession or where they cannot produce documentary evidence of title for some reason. It will be granted if the applicant is in actual possession of the land, or in receipt of the rents and profits of the land, and it cannot be registered with any other title. Registration with possessory title has the same effect as registration with absolute title, except that any adverse rights are excepted from the effect of registration and their priority is protected on the registration of a registrable disposition. Therefore, the title is not guaranteed before the date of first registration and the prior title should be examined by any purchaser as if the land were not registered. As