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Q&As
A worker has the right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 to a total of 5.6 weeks’ annual leave each year, made up of: • a basic entitlement of four weeks’ annual leave, implementing the right to annual leave under Directive 2003/88/EC, the Working Time Directive, and • an additional entitlement of 1.6 weeks’ annual leave, which is a right under domestic legislation only A worker also has the right to be paid for that annual leave. See Practice Note: Holiday pay. Different
Q&As
Assured shorthold tenancy (AST) Under paragraph 9(2)(a) of Schedule 2A of the Housing Act 1988 (HA 1988), if the agricultural worker condition in HA, 1988, Sch 3 is satisfied, and the landlord wishes the tenancy to be an assured shorthold tenancy (AST), Form 9 must be served before the tenancy is entered into. Assured agricultural occupancy Thus, if this has not been followed, and the agricultural worker condition has been met, it is likely that the tenancy in this cannot be an AST. It is likely that the tenancy will be an assured agricultural occupancy. A farm worker will have the benefit of an assured
PRACTICE NOTES
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document and the approach of standard form contracts to the programme. The programme is an important document in any construction project. It assists the contractor to organise the project and plan the execution of the works. It also helps the employer and contract administrator to monitor progress, measure the contractor’s performance and assess delay. What are the parties’ obligations in relation to the programme? In general, unless the construction contract states otherwise, the contractor can programme the works and carry them out in such order as it sees fit and the employer has little influence over the sequencing and activities. In GLC v Cleveland Bridge and Engineering (1984) 34 BLR 50 (not available in LexisNexis®) the court stated that the contractor is usually entitled to 'plan and perform the work as he pleases, provided always that he finishes it by the time fixed in the contract'. Without specific provision in the contract, an employer
PRACTICE NOTES
This Practice Note examines the 2013 editions of the IChemE Yellow Book (4th Edition) and Brown Book (3rd Edition) forms of sub-contract. These forms are intended to be used with the three similar forms of IChemE main contracts (the Red, Green and Burgundy Books) for process plants. In relation to the main contracts, see Practice Notes: • IChemE Conditions 5th Edition—'Red Book' • IChemE Conditions 'Green Book' 4th Edition • IChemE Conditions ‘Burgundy Book’ 2nd Edition The Yellow Book covers subcontracts for the design, supply, construction, erection or installation and testing of equipment forming part of the main contract plant. The Brown Book covers associated civil engineering works, such as access roads and foundations. A detailed description of the subcontract works should be set out in Schedule 1 of the relevant form. Nature of sub-contracting The sub-contract works are a part of the main contract works (and sub-contract plant may be a component of main contract plant) which the sub-contractor carries out under what is referred to
NEWS
The International Federation of Consulting Engineers (FIDIC) has reported extensive global adoption of its standard form contracts at its December 2025 conference, with usage across 13 Latin American countries and over 600 projects worth AED 55bn in Abu Dhabi. The European Bank for Reconstruction and Development announced it will introduce minimum 50% rated criteria for contractors and mandatory early market engagement. Speakers highlighted adaptation challenges including fragmented legal frameworks and recommended local representation on dispute boards, while emphasising adherence to FIDIC's five Golden Principles.
PRACTICE NOTES
This Practice Note considers the requirements for a legally binding offer. In so doing, it considers: • what we mean by 'offer' • how to distinguish an offer from an invitation to treat, with relevant common examples • different species of offer, ie offers which are ‘subject to contract’, heads of terms and unilateral contracts • how offers can be terminated For practical guidance on how an offer can be validly accepted, see Practice Note: Forming contracts—acceptance. For guidance on the court’s overall approach to contract formation, see Practice Note: Forming enforceable contracts—the court's general approach. Note: Part 36 settlement offers made under CPR 36 operate outside the general rule of contract law and are governed by the specific regime set out in CPR 36. For guidance on what amounts to a valid Part 36 offer, see Practice Note: Part 36 offers—how to make a valid Part 36 offer. The elements of a legally binding offer A legally binding offer has the following elements: • the party making the offer ('the offeror') has the intention, objectively
PRACTICE NOTES
This Practice Note considers the impact of the Contract (Right of Third Parties) Act 1999 (C(RTP)A 1999) on arbitration, in particular the established principle that only the parties to the arbitration agreement can be bound by that agreement, participate in the arbitration proceedings and be bound by any resulting arbitral award. The conditional benefit principle is considered. The Practice Note considers the leading cases of Nisshin Shipping Co Ltd v Cleaves and Fortress Value Recovery Fund v Blue Sky Special Opportunities Fund. This topic may be referred to as privity of contract in international arbitration proceedings, the interplay between C(RTP)A 1999 and arbitration, and 3rd parties and arbitration. Under English common law, the established rules on privity of contract dictate that, broadly speaking, only parties to the contract have rights under it and only parties to the contract have liabilities under it. As an arbitration agreement is a contract, it follows that, at common law, only the parties to the arbitration agreement can be bound by it or can
Q&As
BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime. What requirements must a mortgage lender consider before trying to enforce its power, to avoid challenges by the borrower? There are two sets of rules and regulations that the lender must comply with in order to be able to rely on its unilateral power without challenge: • the rules in the FCA Handbook: the Principles for Businesses, and the Mortgage Conduct of Business Sourcebook (MCOB), and • the Unfair Terms in Consumer Contracts Regulations (UTCCR 1999), SI 1999/2083 There is considerable overlap
Q&As
The Conveyancing Quality Scheme (CQS) is a scheme run by the Law Society which accredits members based upon a recognised quality standard in respect of residential conveyancing. It has been in place since 2011 and is intended to provide a minimum expected standard among accredited registered conveyors. The Law Society also publishes a Conveyancing Protocol (Protocol), which is mandatory for members of CQS, and sets out what is expected in the conveyancing process. The Protocol makes reference, in terms of fees, to the Law Society’s guidance in this regard. Fees must be transparent and details of the charging
PRECEDENTS
Execution clause—limited partnership (Ireland)—Deed (drafting notes) These precedent execution clauses are for use by a limited partnership entering into a deed (rather than a simple contract). Four alternative execution clauses are given for a deed executed by: • an individual general partner in the presence of a witness • a person at an individual general partner’s direction given in the presence of a witness who attests the signature • an individual general partner whose signature is acknowledged by them in the presence of a witness who attests the signature • a corporate general partner Limited partnership The Limited Partnership Act 1907 (Ireland) (LPA 1907 (IRL)) provides for the creation of a partnership in which some partners have limited liability for the debts of the firm. Their liability is limited to the extent of their contribution. The General Scheme of the Registration of Limited Partnerships and Business Names Bill 2024 (Limited Partnerships Bill 2024) published by the Department of Enterprise, Trade and Employment in 2024 will, if enacted, repeal and replace the LPA 1907 (IRL). Limited partnerships registered under the LPA 1907 (IRL) will
PRACTICE NOTES
Term and termination Where an agreement is silent as to contract duration or termination, in the event of a dispute, the Irish courts will apply common law principles to determine what the parties intended. To avoid uncertainty, it is common to include express contractual clauses which provide for the duration and termination of a contract. In general, contractual rights to terminate are in addition to, and not in substitution for, common law rights. This Practice Note focuses on contractual provisions regarding term and termination in a general commercial context, why they should be carefully considered and how they may interact with common law principles. Irish practitioners should be clear in their understanding of the underlying common law principles and draft carefully to avoid confusion and unintended consequences. In this Practice Note, references to ‘term’ are generally intended to refer to the duration of the contract. When drafting or reviewing the term and termination clauses, it is important to consider the contract as a whole and any other provisions in the contract which