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Q&As
For information on obtaining an occupational health assessment generally, see the section: ‘Occupational health assessment’ of Practice Note: Dealing with long-term or chronic sickness. For information on obtaining a medical report, see Practice Note: Medical reports—data protection issues and AMRA 1988. See also: • the Acas guidance on Occupational health • the Faculty of Occupational Medicine (FOM): Employers’ Guide to engaging an occupational health physician • the British Medical Association (BMA) Access to medical reports guidance • the General Medical Council (GMC) guidance: Confidentiality: good practice in handling patient information As stated in the Acas guidance on Occupational health, occupational health is a type of medical service. Before obtaining a medical report, an employer will need to consider the legislative requirements: • for processing personal data and special category data (special categories of personal data, formerly ‘sensitive personal data’) under Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and
NEWS
The Supreme Court has unanimously dismissed the contractor’s case and allowed the appeal in Providence Building Services Limited v Hexagon Housing Association Limited [2026] UKSC 1. It held that the Contractor was not entitled to terminate the contract under clause 8.9 of the JCT Design and Build Contract 2016 where the Employer had paid late on two occasions, but the first late payment was remedied within the contractual 28–day period for curing defaults. The Supreme Court rejected the Court of Appeal’s interpretation that a repeated late payment alone was sufficient, confirming that an accrued right to terminate under clause 8.9.3 is a prerequisite before clause 8.9.4 can be engaged. Helen Dennis, barrister at 4 Pump Court, provides commentary on the judgment.
PRACTICE NOTES
This Practice Note provides practical guidance on how to exchange executed documents properly when one or more parties to a contract are not physically present. This is sometimes known as virtual signing or virtual closing. It details the guidance provided by the Law Society of Ireland on the virtual execution of documents. Virtual closings This Practice Note provides practical guidance on how to exchange executed documents properly when one or more parties to a contract are not physically present. This is sometimes known as virtual signing or virtual closing. The Law Society of Ireland has issued Guidance on the ‘virtual’ execution of documents. While this guidance remains valid, it should be noted that it was last updated in 2014 prior to the coronavirus (COVID-19) pandemic which led to a move away from the approach in R (Mercury Tax Group and Another) v HMR (Mercury) (where scanned, wet-ink signatures are circulated by pdf with originals to follow), towards e-signature. The Law Society of Ireland has since published an Updated Guidance Note Regarding E-Signatures, Electronic Contracts
PRACTICE NOTES
This Practice Note considers the application and scope of the Contracts (Applicable Law) Act 1990 (C(AL)A 1990) which is a modified version of the Rome convention on the law applicable to contractual obligations (the Rome Convention). C(AL)A 1990 is applied by the courts of England and Wales (English courts) when determining the applicable law of a contractual dispute where the contract was entered into between 1 April 1991 and 16 December 2009. To determine whether the applicable law regime set out in C(AL)A 1990, applies, see Practice Note: Applicable law—a guide for dispute resolution practitioners. This Practice Note refers to: • the Official Report on the Rome Convention by Professors Giuliano and Lagarde, an explanatory report on the interpretation of the convention. This is referenced in this Practice Note as the Giuliano-Lagarde report. C(AL)A 1990, s 3 provides that this report maybe considered to assist in the interpretation of the provisions of the convention in C(AL)A 1990, Sch 1 • decisions of the Court of Justice. For guidance on whether judgments of the Court
PRECEDENTS
This Deed of novation is made the on [insert day] day of [insert month] 20[year] Parties 1 [insert name of Outgoing Party] (Company Registration No. [insert Outgoing Party’s company registration number]) whose registered office is situated at [insert Outgoing Party’s registered office address] (the ‘Outgoing Party’) 2 [insert name of Incoming Party] (Company Registration No. [insert Incoming Party’s company registration number]) whose registered office is situated at [insert Incoming Party’s registered office address] (the ‘Incoming Party’) 3 [insert name of Novated Party] (Company Registration No. [insert Novated Party’s company registration number]) whose registered office is situated at [insert Novated Party’s registered office address] (the ‘Novated Party’) WHEREAS (A) This Deed is supplemental to [insert details of the contract being novated] and made between the Outgoing Party and the Novated Party relating to the [insert description of the purpose of the contract] (the ‘Contract’). (B) The Outgoing Party and the Novated Party wish by this Deed to release and discharge the Outgoing Party from the Contract, provided that the Incoming Party undertakes to perform the Contract in place of the Outgoing Party and to be bound by its terms
GLOSSARY
Contract under which the contractor agrees to carry out the works for a specific sum (subject to variations and, if applicable, fluctuations)—ie on a fixed price basis.
NEWS
The Department for Science, Innovation and Technology (DSIT) has announced a new Telecoms Consumer Charter aimed at preventing unexpected mid-contract price rises. New signatories include BT, Virgin Media O2, VodafoneThree, Sky and TalkTalk. The Charter follows intervention by the Chancellor and the Technology Secretary on 11 February 2026. It requires providers to offer clear pricing and upfront information about any future price changes, reflecting a collective ambition to go further by ensuring transparency, supporting those who are struggling to pay and strengthening trust so that consumers can continue to benefit from excellent services at fair prices. The Charter also makes social tariffs easier to access. Ofcom has said these tariffs could save eligible households up to £220 per year. Under the Charter, providers will signpost social tariffs more clearly, support customers facing financial difficulty and allow customers to switch to cheaper plans without penalty. Alongside this, the government has launched a Mobile Market Review to examine how best to support long-term investment in the sector and deliver standalone 5G to all populated areas by 2030. Industry bodies, including ISPA and INCA, have welcomed the Charter, saying it will strengthen consumer confidence, support network investment, and improve coverage, service quality and value.
PRACTICE NOTES
One of the key considerations for a developer when they are looking to procure works, is the appointment of the contractor. The procurement route chosen will then determine the level of risk and responsibility that the contractor takes on. However, regardless of the procurement methodology used, a consistent theme, in the UK construction market, is that the contractor usually sub-contracts out discrete elements (if not all) of the responsibility that it has taken on. The developer (as employer) and the contractor will enter into a building contract (ie main contract) that reflects the position agreed between them with regards to risk allocation. The contract will also set out clearly what works and design the employer is expecting the contractor to carry out and take responsibility for, in return for the contract sum. Unless the contractor is appointed for its specialist skills or qualities (where sub-contracting would not be permitted), it is standard in the market for the contractor to then consider which packages of works to sub-contract out to specialist sub-contractors. Typically, it will then enter
Q&As
Ownership of mines and minerals Mines and minerals in their original position are part and parcel of the land. The common law presumption is that a landowner owns everything below the surface down to the centre of the earth unless the contrary is shown. Unworked mines and minerals are the property of the surface owner (see: Star Energy v Bocardo). This principle applies even where title to the surface has been acquired by prescription, but it is subject to exceptions (eg gold, silver and petroleum (existing in its natural condition), which belong to the Crown, and
PRACTICE NOTES
This Practice Note is for use when determining applicable law where the contract was entered into between 17 December 2009 and 31 December 2020. For contracts entered into on different dates, a different applicable law regime will be applied by the UK courts. Which regime will apply will depend on the date on which the contract was entered into. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note examines Article 4 of UK Rome I, including the fixed rules in Article 4(1) for specified contracts. It explains the Article 4(2) rule for other or mixed contracts, focusing on characteristic performance and habitual residence. It also considers the Article 4(3) escape clause, the Article 4(4) residual rule, and the relevance of recitals, the Giuliano-Lagarde Report and case law. It signposts the separate regimes for earlier contracts and contracts where the parties have chosen the applicable law. Rome I provides both for situations in which parties choose the applicable
Q&As
The answer to this question is likely to depend on two issues: • First, what does the lease require for determination of the rent? Many leases will require only that the landlord and tenant 'agree' the new rent, but some may require a degree
GLOSSARY
This term is used to describe the contract between a contractor and an employer for the entirety of the works, when some of the works are being sub-contracted out by the contractor. It is commonly referred to as the head or main contract, which distinguishes it from the sub-contracts.