Management and Operation (Contract): The contract in place between an SLC and the NDA regarding all aspects of the day to day management and operation of the NDA sites.

Contractual notice provisions may be permissive or mandatory and validity of a notice will depend on the type of clause: Permissive notice provision Some notice provisions will be permissive as to the methods of service of the break notice. For example, the wording may provide that ‘any notice or demand in connection with this lease may be sent by first class post’ (Yates Building Company Ltd v R J Pulleyn & Sons (York) Ltd)). This means the parties may adopt an alternative method of service of their choosing. Mandatory notice provision If the notice provision is mandatory, then the break notice must be served in accordance with the methods of service specified because if it is not, the break notice will be invalid. In Claire’s Accessories v Kensington High Street Associate [2001] PLSCS 112

Paragraph 25B of Schedule 12 to the Renting Homes (Wales) Act 2016 (RH(W)A 2016) makes provision for termination of certain converted fixed term standard contracts (including former assured shorthold tenancies). The paragraph only applies to those contracts that are not within RH(W)A 2016, Sch 9B (those that can be terminated by notice under RH(W)A 2016, s 186). RH(W)A 2016, Sch 12, para 25B provides that the landlord may give not less than two months’ notice to give up possession, subject to other requirements about the expiry

This Practice Note considers the incorporation of arbitration agreements into contracts under English and Welsh law (England and English are used as shorthand throughout). Related content on arbitration agreements can be found on the right-hand side of the page, including Practice Note: Arbitration agreements—the in writing requirement Note that an oral agreement does not, however, have the effect of depriving a party of access to the courts because either party is free to revoke the authority of their appointed arbitrator under such an agreement. For an arbitration agreement to be effective, it must be properly incorporated into the contract to which it relates. Section 6(2) of the Arbitration Act 1996 (AA 1996) requires that the 'reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the contract'. As such, an arbitration agreement must be in written form contained within: • a clause forming part of the contract, or

A type of derivative contract in which two parties agree to exchange the difference in value of a specified asset between the time the contract is opened and the time it is closed. The contract payout will be the difference in the price of the asset. They are similar to spread betting.

Pursuant to regulation 95 of the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015) (PCR 2015, SI 2015/102, reg 95), the award of a public contract is automatically suspended from the time a public contract award is challenged if that contract has not yet been entered into. PCR 2015, SI 2015/102, reg 96 allows the courts to make an order ‘lifting’ the automatic suspension on contract execution before the substantive hearing takes place. There have been several cases in recent years in which the UK courts have considered the appropriate test for determining whether interim relief should be granted. Beginning with Indigo Services (UK) Limited v The Colchester Institute Corporation (unreported) and Exel Europe v University Hospitals Coventry & Warwickshire NHS Trust, the courts have consistently held that the appropriate test is based on the traditional interim injunctive relief principles established by the American Cyanamid case, namely: • is there a serious issue to

This Practice Note is for use when determining applicable law where the contract was entered into on or after 1 January 2021. For contracts entered into before 1 January 2021, a different applicable law regime will be applied by the UK courts. The regime will depend on the date on which the contract was entered into. For guidance, see Practice Note: Applicable law—a guide for dispute resolution practitioners. This Practice Note refers to UK Rome I, Regulation (EC) 593/2008. This regulation is applied when determining applicable law in cases in which the contract was entered into on or after 1 January 2021. Originally known as Retained Rome I, since 1 January 2024 it is known as Assimilated Rome I—the change is to the name only and not the provisions within the regulation. Authorities may refer to the regulation using either name and so, for ease of reference, the regulation is referred to as UK Rome I in this Practice Note. For information

A bilateral contract is an agreement where each party undertakes a binding obligation to the other, so that there is an exchange of mutual promises (for example, to supply goods and to pay the price). In legal practice in England and Wales, Scotland, Northern Ireland and Ireland, most commercial contracts are bilateral: both sides assume enforceable duties, as opposed to a unilateral contract where only one party is bound unless a specified act is performed.“Bilateral contract” is a descriptive term rather than a defined statutory category. Its core features, recognised in common law and case law across these jurisdictions, are: mutuality of obligation; agreement on essential terms; and consideration (or, in Scots law, cause) moving both ways. Typical examples include sale of goods contracts, services agreements, leases, employment contracts and most share purchase agreements.The term is used consistently in all four jurisdictions, although underlying doctrines (such as consideration in common law and the Scots law concept of promise) differ. Its practical significance lies in analysing formation, enforceability, remedies for breach, and issues such as repudiation, termination and specific performance where both parties owe continuing obligations.

An express contract is an agreement where the parties explicitly state their terms, whether in writing or orally, rather than leaving them to be inferred from conduct. In UK and Irish contract law, it contrasts with an implied contract, where obligations arise from circumstances or behaviour.Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is broadly consistent and largely derived from common law rather than specific statute. Courts look for clear offer, acceptance, consideration (or its Scottish equivalent, cause), and an intention to create legal relations, all manifested through express words.Express contracts commonly govern commercial transactions, employment, property, banking, consumer and IT arrangements. Key terms-such as price, duration, services, limitations of liability, dispute resolution and governing law-are usually set out expressly, reducing uncertainty and evidential risk in contractual disputes.In litigation and drafting, distinguishing between express and implied terms is critical for interpreting the parties’ rights, assessing breach, and determining available remedies. Standard form contracts, negotiated agreements, and many online terms and conditions are all typical examples of express contracts, even where accepted by a simple click or signature.

Onerous property (including a contract) is any unprofitable contract and any other property comprised in the insolvency estate which is unsaleable, or is such that it may give rise to a liability to pay money or perform any other onerous act.

What is a prime cost contract? In simple terms, if a contract is agreed on a ‘prime cost’ basis the contractor will be reimbursed the costs it incurs in carrying out the works, ie labour and materials (including those from sub-contractors), plus a management fee on top to cover its overheads and profit. This is distinct from a typical contract agreed on a lump sum basis, where the employer and contractor agree the total contract sum payable to the contractor at the outset (subject to any contractual provisions that allow the sum to change as the works progress) and the risk of any increase in the cost of the works sits with the contractor. Management contracting is an example of where prime costs are commonly used. The management contractor is paid a fee for the services it carries out together with the prime costs it incurs in carrying out its functions. These costs include the amount it pays to the works contractors for the works they carry out. See Practice Note: Management contracting. A

approved apprenticeship agreement dated [insert date] Parties 1 [Name of Employer] [of [insert address] OR a company incorporated in [England and Wales] (registered number [insert number]) whose registered office is at [insert address]] (we or us); and 2 [Name of APPRENTICE] of [insert address] (you). 1 Appointment 1.1 This agreement is an approved English apprenticeship agreement within the meaning of section A1 of the Apprenticeships, Skills, Children and Learning Act 2009. It is a contract of employment and is not to be treated as being a contract of apprenticeship. 1.2 We will employ you on the terms and conditions set out in this agreement. 1.3 Your employment with us under this agreement [started on OR will start on] [insert date] and, subject to the terms of this agreement, will continue for the Practical Period and terminate on [insert date][ unless it is brought to an end earlier by either you or us giving no less than [insert number] [weeks’ OR months’] notice[ expiring at any time OR expiring on or after [insert date]] ]. No period of employment with any previous employer counts as part of your period of continuous employment