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GLOSSARY
A concurrent condition is a contractual condition that must occur or be performed at the same time as the other party’s corresponding obligation, so that each party’s duty is dependent on the other’s simultaneous performance. In practice, it often arises in sale of goods, construction, commercial and property transactions, where (for example) payment and delivery, or completion and transfer of title, are intended to take place concurrently.In UK and Irish contract law, concurrent conditions are not generally defined in statute but are recognised and developed through case law and common law principles on conditional obligations and dependent promises. They are contrasted with conditions precedent (which must occur before an obligation arises) and conditions subsequent (which bring an existing obligation to an end).Where obligations are concurrent, neither party is in breach if it is ready and willing to perform but the other is not. This affects the right to terminate, to withhold performance, and to claim damages. Usage and legal effect of concurrent conditions are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, subject to local authority on contract interpretation and remedies.
PRACTICE NOTES
This Practice Note considers the meaning and relevance of concurrent delay on construction projects, contractual terms dealing with concurrent delay and the contractor’s entitlement to an extension of time and/or loss and expense where there is concurrent delay. Concurrent delay describes the situation on a construction project which is suffering delay in which two or more independent events have occurred which, if either had occurred on its own, would have caused critical delay to the project. Typically, one of the events causing delay will be at the employer's risk (sometimes referred to as a ‘relevant event’), while the other will either be at the contractor's risk or will be a neutral event (ie it is at neither the contractor’s nor the employer’s risk, such as adverse weather). Such delays may occur at exactly the same time (although this is rare) or they may overlap to some degree. Applying the normal test of ‘but for’ causation, neither event can be said to have caused the delay. In summary, and as explained in more detail in this Practice Note:
GLOSSARY
Concurrent delay describes the situation on a project which is suffering delay in which two or more independent events have occurred which, if either had occurred on their own, would have caused delay to the project.
PRECEDENTS
1 The Contractor shall not be entitled to any adjustment of the [Completion
GLOSSARY
Also known as 'hot-tubbing'. This is where both parties’ experts give their evidence together in the form of a discussion chaired by the judge. The judge puts the same questions to each expert in turn, rather than each expert being examined and cross-examined sequentially. Counsel can ask questions as well as the judge and experts can also challenge one another on their views.
PRACTICE NOTES
This Practice Note explains: • what a concurrent lease is • when it is commonly used • who can enforce (and benefit from) the covenants in the existing lease(s), and • key differences between a concurrent lease and a headlease out of which underleases are granted It also looks at key terms to include when drafting a concurrent lease, and the interaction of a concurrent lease with: • tenants’ rights of first refusal under the Landlord and Tenant Act 1987 (LTA 1987), and • operators’ rights under the Electronic Communications Code In this Practice Note, the following definitions apply: • L: means the landlord of the original lease • T1: means the tenant (or tenants) of the original lease(s), and • CT: means the tenant of the concurrent lease What is a concurrent lease? A concurrent lease is a lease that: • demises premises that consist of (or include) premises that are already let to at least one other tenant (ie T1), and • grants a term to the tenant
CHECKLISTS
ARCHIVED: This Checklist has been archived. This Checklist provides an aid to understanding the differences between parallel and related proceedings under Regulation (EU) 1215/2012, Brussels I (recast) and Regulation (EC) 44/2001, Brussels I. Brussels I (recast) This Checklist provides an aid to understanding the differences between Articles 29 (parallel proceedings) and 30 (related proceedings) of Regulation (EU) 1215/2012, Brussels I (recast). For further guidance on the provisions of Regulation (EU) 1215/2012, Brussels I (recast) that are relevant for multiple proceedings, see the following Practice Notes: • E&W Brussels I (recast)—parallel proceedings (art 29) [Archived] • E&W Brussels I (recast)—related proceedings (art 30) [Archived] • E&W Brussels I (recast)—when is a court seised? (art 32) [Archived] Article 29 Article 30 Basic concept Mandatory stay.Subject to Article 31(2) of Regulation (EU) 1215/2012, Brussels I (recast) (which relates to choice of court agreements), unless and until the court first seized declines jurisdiction, any proceedings involving the same cause of action and between the same parties that are subsequently
NEWS
Financial Services analysis: Kari McCormick, partner and James Peacham, associate from Eversheds Sutherland analyse a recent successful judicial review of a decision of the Financial Conduct Authority’s (FCA) Regulatory Decisions Committee (RDC) where the administrative court provides some useful guidance on when disciplinary proceedings will be stayed pending the outcome of civil proceedings.
GLOSSARY
A concurrent sentence is a criminal sentence ordered to run at the same time as one or more other sentences, so that the offender serves them together rather than one after another. It is the opposite of a consecutive (or cumulative) sentence.In England and Wales and Northern Ireland, the power to order concurrent or consecutive sentences is principally governed by sentencing legislation (for example, the Criminal Justice Act 2003 in England and Wales) and developed through case law and Sentencing Council guidelines. Courts consider factors such as whether offences arise out of the same incident or transaction, or represent a series of distinct crimes, when deciding between concurrent and consecutive terms.In Scotland, concurrent sentencing is recognised in common law and statute, with similar principles applied: offences forming part of the same course of conduct are more likely to attract concurrent sentences.In Ireland, concurrent sentences are also a recognised sentencing structure under statute and case law, with judges retaining broad discretion subject to proportionality and totality principles.Across all four jurisdictions, concurrent sentences are central to applying the totality principle and ensuring that overall punishment remains just and proportionate.
NEWS
Law360: On 13 February 2025, Conde Nast, Politico LLC and other publishers and news organisations hit AI company Cohere Inc with a copyright infringement lawsuit in New York Federal Court, the latest salvo in the high-stakes battle over AI companies’ use of published materials to train their models.
GLOSSARY
This is used to cool exhaust steam from a turbine below the boiling point so that it can be returned to the heat source as water. In a pressurised water reactor, the water is returned to the steam generator. In a boiling water reactor, it returns to the reactor core. The heat removed from the steam by the condenser is transferred to a circulating water system and is exhausted to the environment, either through a cooling tower or directly into a body of water.
GLOSSARY
The factual background to the orders sought by the pursuer in their initial writ or summons.