Refine By
Clear all filter
About 7129 results for "contract"
Q&As
This Q&A assumes that the query relates to a general business-to-business commercial transaction (although parties can enter into an option agreement for a number of other, different purposes (eg related to the purchase of land or shares)). Novation occurs when an outgoing party 'transfers' its obligations and rights under the agreement to an incoming party, so that the incoming party 'steps into the shoes' of the outgoing party and forms a contractual relationship between the remaining party and the incoming party. The effect of a novation is to extinguish the original contract,
GLOSSARY
The contract administrator exists in a design and build contract and is appointed by the employer to administer the contract on its behalf. It gives instructions to the contractor, issues notices and certifies payments and completion. It may be an architect or engineer. Also called ‘Employer’s Agent’.
NEWS
Ofcom has fined Virgin Media £28 million after finding that the company breached its consumer protection rules by making it unreasonably difficult for customers to cancel their contracts between 1 January 2022 and 11 September 2024. Following an investigation prompted by customer complaints, Ofcom concluded that Virgin Media’s contract termination procedures and call handling practices likely delayed or prevented customers on millions of calls from switching to competing providers. Ofcom found that the company operated a two-tier cancellation process requiring many customers to repeat cancellation requests and that agents engaged in practices including unnecessary call transfers, excessive use of hold, repeated attempts to retain customers, deliberate call disconnections and failures to process cancellations. Ofcom said these behaviours were encouraged by Virgin Media’s commission scheme and enabled by inadequate training, quality assurance and oversight.
Q&As
The answer will very much be fact dependent however the fact that the employer only recovered a modest amount by way of overpayment would be a relevant consideration for the court when determining how to award costs. The Contractor’s position would be significantly improved if it had made a Part 36 offer. Costs are in the discretion of the trial judge, as to which party is to pay them, the amount and when payment is to be made, subject to rules of court. In general, costs follow the event, that is to say, the unsuccessful party will be ordered to pay the costs of the successful party unless in all the circumstances a different
NEWS
Arbitration analysis: In a decision of 28 October 2025, the Paris Court of Appeal dismissed the set-aside proceedings brought by the Gabonese Republic, the Gabonese company Clean Africa (Clean Africa), and two Gabonese municipalities (the Municipalities) against an ICC arbitral award in favour of the Gabonese company Averda Environmental Services Gabon SA (Averda Gabon) (the Award). The court recalled that an award may only be set aside pursuant to Article 1520(5) of the French Code of Civil Procedure (FCCP) (the ground of a violation of international public policy) if its recognition or enforcement would result in a material breach of fundamental principles of French international public policy, including the prohibition of corruption. The court further clarified that it is not the role of the annulment judge to assess the validity of the underlying contracts or to determine criminal liability. Its role is limited to examining whether the recognition and/or the enforcement of the Award would allow a party to benefit from corruption. In the present case, the court found that while the arbitral tribunal had identified indicia of corruption in overbilling certain cleaning services, it had neutralised the effects of corruption, ordering the payment of services actually performed exclusively. Accordingly, the court held that recognition and enforcement of the Award did not violate international public policy, and dismissed the request for annulment. Written by Julie Spinelli, partner, and Emma Ruby, associate, at Le 16 Law.
PRECEDENTS
[To be typed on employer’s headed notepaper] [Enter employee name] [Enter employee address] Confidential: addressee only [Date] Dear [enter name of employee] Proposed change to your [contract of employment OR [enter details, eg holiday entitlement]] I refer to our meeting on [enter date] and my letter[s] dated [enter dates of letter(s) that have already been sent to the employee], [a copy OR copies] of which [is OR are] enclosed. [Set out details of any prior individual and collective consultation process that has taken place.] I
GLOSSARY
In an EPC contract, the contractor engineers, procures, constructs and commissions a project from its inception to completion. EPC contracts are also referred to as turnkey contracts because the concept is that once the project is complete and ready to be handed over to the user, it will require only the 'turn of a key' for the user to operate it. This is a form of procurement frequently used for large international infrastructure or power projects, particularly where project financing is involved. For more information, see subtopic: EPC contracts. The most common standard form EPC contract is the FIDIC Silver Book.
Q&As
The new employer of the former employee may be made a party to any litigation involving the target employee as a result of the operation of the economic torts, including: • inducement/ procurement of breach of contract • conspiracy (lawful means conspiracy and unlawful means conspiracy), and • unlawful interference with business At final trial, an award of damages may be made against the offending employee's new employer for these economic torts. Where the damages claimed arise from a tort, the court seeks to place the claimant in the
PRACTICE NOTES
This Practice Note sets out the bases on which a jurisdictional challenge may be brought in respect of an adjudication. For further guidance on jurisdictional challenges, see Practice Notes: Making a jurisdictional challenge in an adjudication and The adjudicator’s jurisdiction. In relation to breach of natural justice, see Practice Note: Breach of natural justice in adjudication. Grounds on which a jurisdictional challenge may be brought The below table lists the various grounds upon which a party may base a jurisdictional challenge, and provides links to relevant content on each ground. Ground Guidance There is no legal entitlement to adjudicate—ie there is no statutory right because the contract is not a ‘construction contract’ and there is no contractual right or ad hoc agreement See Practices Notes: The right to adjudicate and What is a construction contract under the HGCRA 1996? There is no (crystallised) dispute between the parties See Practice Note: Adjudication—is there a ‘dispute’? The dispute between the parties has settled See Practice Note: Adjudication—is there a ‘dispute’?, in particular
PRACTICE NOTES
This document contains searchable quick links to PDF copies of the Chartered Institute of Building (CIOB) Time and Cost Management Contract
Q&As
This Q&A considers only business-to-consumer (B2C) contracts for services. Fees for cancellation of off-premises/distance B2C service contracts Where a consumer has the right to withdraw from or cancel a distance or off-premises contract that falls within the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) and exercises that right within the specified time period and in accordance with the CCR 2013, then the trader must make the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and the trader must not
GLOSSARY
A contract that meets the 'certification requirements' in the Local Government (Contracts) Act 1997, s 3 and therefore (subject to judicial and audit review) has effect as if the local authority had power to enter into the contract and had exercised that power properly in entering into it.