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PRECEDENTS
FORTHCOMING CHANGE: When BSAIA 2025, s 48 is brought into full force on 1 October 2026, it will insert section 14A into IANA 2006. Section 14A establishes that references to ‘employing another person’ in IANA 2006, ss 15–24 include engagement under a worker’s contract or of individual sub-contractors (where an individual contracts to provide work or services that the engaging person has itself contracted to provide to a third party). Accordingly, the illegal working provisions and the requirement to carry out right to work checks will then extend to cover those who engage workers or a ‘sub-contractor’. In addition, new section 15A extends liability under IANA 2006, s 15 by treating certain persons as employers even if they are not in direct contractual relationships with the individuals actually performing the work. This applies either where a person is contracted to provide work or services and sub-contracts this to another person or where a person employs an individual to provide work or services and the contract permits that individual to substitute their work or services to be carried
PRACTICE NOTES
The Infrastructure Conditions of Contract (ICC) were formerly known as the ICE (Institution of Civil Engineers) conditions of contract, first published in 1945 by the ICE. In November 2014, a subsequent edition of the ICC was launched, known as the ‘with quantities’ version (‘ICC with Quants’). This had followed a major review of the form and consultation process driven by a desire to update a contract which had not been significantly updated for over 50 years. The 2014 form was completely re-written and featured a radical new approach to the drafting of these conditions. It is shorter and more succinct than the previous ICE/ICC contracts, and introduced several significant changes. Its most important feature is that it provides for lump sum pricing to be the default valuation mechanism while re-measurement is retained as an alternative option. Although this form is referred to as the ‘With Quantities’ version, it is intended to be the contract of choice for most civil engineering works. The pre-2014 forms of the ICC (see Practice Note: ICC Measurement Version 2011) are
Q&As
We have assumed in answering this Q&A that the property was fully constructed at the time of exchange of contracts, is freehold and that there are no construction obligations for the developer within the sale contract. If that is not the case, then there may be other remedies available to the buyer either for breach of contract or, perhaps, pursuant to the Defective Premises Act 1972. Rescission The remedy of rescission is considered in the Practice Note: Termination for breach of property contract. The term ‘rescission’ is used to describe two different remedies:
Q&As
Under section 1 of the Land Charges Act 1972, the Land Charges Department keeps the following registers: • a register of land charges • a register of pending actions and pending actions in bankruptcy • a register of writs and orders affecting land and writs and orders in bankruptcy • a
Q&As
As explained in Practice Note: SDLT chargeable consideration, overage payments will generally fall within the scope of contingent, uncertain or unascertained consideration. Where one party has previously bought a freehold property which is subject to overage and where the payment of stamp duty land tax (SDLT) has been deferred, then a further sale of that property may result in immediate final determination of the consideration payable on the first sale (eg, where the first sale provides for overage triggered on sale of the property and the second sale is for a fixed consideration). In such a case the seller
PRECEDENTS
FORTHCOMING CHANGE: When BSAIA 2025, s 48 is brought into full force on 1 October 2026, it will insert section 14A into IANA 2006. Section 14A establishes that references to ‘employing another person’ in IANA 2006, ss 15–24 include engagement under a worker’s contract or of individual sub-contractors (where an individual contracts to provide work or services that the engaging person has itself contracted to provide to a third party). Accordingly, the illegal working provisions and the requirement to carry out right to work checks will then extend to cover those who engage workers or a ‘sub-contractor’. In addition, new section 15A extends liability under IANA 2006, s 15 by treating certain persons as employers even if they are not in direct contractual relationships with the individuals actually performing the work. This applies either where a person is contracted to provide work or services and sub-contracts this to another person or where a person employs an individual to provide work or services and the contract permits that individual to substitute their work or services to be carried out by
NEWS
Construction analysis: The Inner House of the Court of Session upheld a decision of the Outer House at first instance, finding that, under a Standard Building Contract with Quantities for use in Scotland, 2016 Edition (the Scottish SBC terms), the contractor’s entitlement to reimbursement of loss and expense caused by a Relevant Matter was conditional upon it giving notice of the Relevant Matter to the Architect/Contract Administrator and providing the further information required by the contract.
PRACTICE NOTES
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 on different dates, a different applicable law regime will be applied by the UK courts. Which regime is applied 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 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 on assimilated law, see Practice Note:
PRECEDENTS
apprenticeship agreement dated [insert date] Parties 1 [Name of Employer] [of [insert address] OR a company incorporated in [Scotland] (registered number [insert number]) whose registered office is at [insert address]] (we or us); and 2 [Name of APPRENTICE] of [insert address] (you). Stop press: With effect from 1 January 2027, section 25 of the Employment Rights Act 2025 (ERA 2025) amends the qualifying period for ordinary unfair dismissal set out in section 108 of the Employment Rights Act 1996 (ERA 1996) from two years to six months, and removes the cap on the compensatory award in ERA 1996, s 124. Transitional provisions are set out in the Employment Rights Act 2025 (Commencement No 4 and Transitional and Saving Provisions) Regulations 2026, SI 2026/559. For information on the implications of the reduction in the unfair dismissal qualifying period for probationary periods, see Practice Note: Probationary periods. This Precedent will be reviewed shortly. 1 Appointment 1.1 This agreement is a contract of apprenticeship. It is for a fixed term of [insert the duration of the fixed term, eg four years], subject to the terms
GLOSSARY
The effect of the company's constitution is to act as a statutory contract binding the company and its members.
PRECEDENTS
Building contract 1 Save as may be necessary in the performance of his duties under this Agreement, the Contractor shall not without the prior written consent of the Employer disclose to any person or otherwise use
Q&As
Where a seller has contracted to sell a property with vacant possession, they will be in breach of contract for failing to deliver up vacant possession on completion of the sale. Vacant possession means clear of all people and goods to allow the other party to enjoy immediate and exclusive possession. For example, in NYK Logistics (UK) Ltd v Ibrend Estates BV, the Court of Appeal found that a tenant had failed to provide vacant