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Q&As
Framework agreements can be set up in a variety of ways under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015, SI 2015/102). However, PCR 2015, SI 2015/102, reg 33(6) states: ‘Contracts based on a framework agreement may under no circumstances entail substantial modifications to the terms laid down in that framework agreement’ The latitude afforded to the contracting authorities will be set out in the relevant framework agreement itself. Some will allow mini-competitions and variations of certain terms in certain circumstances, some will not. Individual assessment and advice on each framework agreement should be considered. It is possible for a framework agreement to be set up in such a way that there is flexibility in relation to both the way a mini-competition can be run under the framework agreement and the call-off terms that apply.
PRACTICE NOTES
This Practice Note considers the incorporation of a jurisdiction clause into a contract by reference either to: • standard terms and conditions, or • wording of a separate contract This Practice Note provides a general summary of the position when dealing with charter-parties and bills of lading as well as insurance and reinsurance. The Practice Note also provides examples of clauses which the courts held did not incorporate jurisdiction clauses from one contract into another. The Practice Note refers to cases decided under the Brussels Convention, Regulation (EC) 44/2001, Brussels I and Regulation (EU) 1215/2012, Brussels I (recast) (the Brussels Regime) where they provide general guidance as to the approach of the courts to the incorporation of jurisdiction agreements. For specific guidance on the courts’ approach when considering whether a jurisdiction clause has been incorporated into a contract/agreement between the parties under Regulation (EU) 1215/2012, Brussels I (recast), see Practice Note: E&W Brussels I (recast)—requirements for an effective choice of court agreement (art 25) [Archived]. Note, the UK's departure from the EU has implications
GLOSSARY
In a financial services context, a contract for difference creates a contract between two parties speculating on the movement of an asset price, such as a share. The CFD consists of an agreement (contract) to exchange the difference in value of a particular currency, commodity, share or index between the time at which a contract is opened and the time at which it is settled. The contract payout will amount to the difference in the price of the asset between the time the contract is opened and the time it is settled. If the asset rises in price, the buyer receives cash from the seller, and vice versa. CFDs are open-ended contracts with no fixed settlement date and can be closed out by the buyer on demand.
GLOSSARY
A severable contract is one where the parties’ obligations can be divided into distinct parts, so that non‑performance of one part does not necessarily discharge or invalidate the entire agreement. In practice, this often arises in supply, construction, services and framework agreements, where price, delivery and performance are structured in separate stages, milestones, lots or call‑offs.Across England & Wales, Scotland, Northern Ireland and Ireland, severability is primarily a matter of contractual interpretation rather than detailed statutory definition. Courts examine the wording, commercial context and pricing structure to decide whether the contract is entire (all‑or‑nothing) or severable (partially enforceable). Clear drafting identifying separate obligations, separate consideration and independent timeframes is crucial.A severable contract allows a party to terminate or claim damages for a defective or undelivered element while preserving the remainder. It can limit the risk of a fundamental breach bringing down the whole agreement and affects remedies, limitation, set‑off and repudiation analysis. Severability clauses, severable obligations and divisible consideration are therefore important tools in commercial contract drafting and dispute resolution throughout the UK and Ireland.
NEWS
Construction analysis: The Scottish Court of Session, Outer House held that a contractor bore the risk of additional unknown asbestos discovered during the course of demolition works, under the terms of a contract based on the SBCC Standard Building Contract.
GLOSSARY
An agreement, traded on a financial exchange, to sell or buy a specific amount of a commodity or security at a specific price and time.
Q&As
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134, reg 36(1), a trader must not begin the supply of services before the end of the cancellation period (ie the end of the 14 days after the day on which the contract is entered into), unless the consumer: • has made an express request, and • in the case of an off-premises contract, has made the request on a durable medium As to the meaning of ‘durable medium’, see Practice Note: Distance, doorstep and on-premises sales. Meaning of express request The CCR 2013
GLOSSARY
A clause in a contract which places certain restrictions on the business activities of an employee for a period of time after his employment with the employer.
Q&As
This Q&A assumes that the member’s rights under the RAC all consist of existing and not future property rights. Retirement Annuity Contracts (RAC) were first introduced by the Finance Act 1956 as defined contribution arrangements for individual members. They were subsequently governed by section 226 of the Income and Corporation Taxes Act 1970, and were sometimes known as 'section 226 Policies'. Following the introduction of personal pension schemes on 1 July 1988, it is no longer possible to establish new RACs, but RACs established prior to that date can continue in operation and contributions can still be
Q&As
Unfortunately, we have been unable to find direct authority on the point raised in this Q&A. However, the Senior Courts Costs Office has considered the impact of substituting a litigation friend into a conditional fee agreement (CFA) following the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012). In Mole v Parkdean Holidays Parks Ltd, the defendant invited the court to hold that in entering into a Deed of Ratification
Q&As
If the section 5 of the Landlord and Tenant Act 1987 (LTA 1987) applies to this property, it must be a building or part of a building divided into at least two flats held by qualifying tenants and the number of flats in the building held by qualifying tenants must exceed 50% of the total number of flats in the same. A qualifying tenant will be any residential tenant other than one occupying under an assured shorthold tenancy or a tenant whose tenancy is terminable on the cessation of his employment or is an assured or an assured agricultural tenancy. In this scenario, as the freehold is held subject to long leases, it is assumed that each flat is let on a long lease. The tenants of those long leases will
GLOSSARY
A director’s service contract is a contract under which a director of a company undertakes personally to perform services (as director or otherwise) for the company or one of its subsidiaries. This includes contracts of service (ie employment contracts), contracts for services (eg consultancy agreements) and directors' letters of appointment.