Whether or not the ‘consequences of termination’ clause will apply on both termination and on natural expiry of the agreement will depend on how the contract has been constructed by the parties and how this is likely to be interpreted by the court. The basic approach of contract interpretation as provided by Lord Hoffmann’s five principles in Investors Compensation Scheme (ICS) (see Practice Note: Contract interpretation—the

[To be typed on employer’s headed notepaper] [Enter employee name] [Enter employee address] Confidential: addressee only [Date] Dear [enter name of employee] Proposed change to your [contract of employment OR [enter details, eg holiday entitlement]] I refer to our meeting on [enter date] and my letter[s] dated [enter dates of letter(s) that have already been sent to the employee], [a copy OR copies] of which [is OR are] enclosed. [Set out details of any prior individual and collective consultation process that has taken place.] I understand that you have not agreed to the proposed change[s] set out in my letter[s]. As we have discussed, if agreement to the proposed changes cannot be reached with all affected

The predecessors of personal pensions (often called section 226 policies). No new retirement annuities could be sold after 30 June 1988 but existing contracts can be continued. The fund to purchase pension at retirement is dependent on contributions paid and investment performance.

An agreement in which a lender sells a specific future income stream to a counterpart usually in order to hedge interest rate and/or exchange rate risk

This Practice Note examines price under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. For information on price in the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—price. Price is a key consideration of any construction contract. The FIDIC forms of contract follow two different methods of determining the price. The Red and Pink Books are remeasurement contracts, whereas the Yellow, Silver and Gold Books are lump sum fixed price contracts. Remeasurement contracts An initial estimate of the value of the works is determined by measuring the quantity of each work item (which will be set out in a document referred to as a bill of quantities) and multiplying it by the agreed rate for that particular item. This calculation is then made again at the end of the project once all the quantities have been remeasured to ascertain the contract price. The contractor is typically paid a portion of the contract price on a monthly basis following monthly

Public Law analysis: It is 11 years since the Court of Justice handed down its judgment in European Commission v Germany, creating the so-called ‘Hamburg’ exemption for public-to-public agreements, later codified in Article 12(4) of the Public Procurement Directive (Directive 2014/24/EU) and regulation 12(7) of the Public Contracts Regulations 2015 (PCR 2015). In Remondis, the Court of Justice returned to grapple with the exemption in the context of another German waste agreement. In this case, brought as a preliminary reference from the Higher Regional Court of Koblenz, the Court of Justice looked beyond the purported reciprocal obligations in an agreement, and concluded that their purpose was an agreement for services, akin to an outsourcing arrangement. In the absence of effective cooperation between the parties, or a common strategy to jointly provide public services, there was insufficient cooperation for the Hamburg exemption to apply. Written by Oliver Carroll, associate, and Fraser Eccles, trainee, at Clifford Chance LLP.

This Practice Note examines the employment law issues that arise in relation to career breaks and sabbaticals. This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. What is a career break or sabbatical? The terms 'career break' and 'sabbatical' have no particular legal meaning, and the label given to the break is not determinative of its legal nature. In practice: • the term ‘'career break' is often used to describe a longer period of unpaid leave during which the employment contract may continue, but more often does not, and • the term 'sabbatical' is used to describe a shorter period of leave which is often unpaid but might be paid or partly-paid, during which the contract does continue There is no statutory right to request or take a career break or sabbatical, but many employers (often those in particular sectors such as education, or larger employers) will

Where a party has instructed an expert in litigation, the party will be able to give the expert access to: • material that is freely accessible to it in its general course of business, and • material that has been disclosed in the proceedings by the other side There is no general legal rule that requires that an expert is given access to certain information for the purposes of litigation. Where an expert needs access to information protected by a non-disclosure agreement,

Can restrictive covenants in a shareholders’ agreement continue after termination of the employee’s employment? With regard to your query as to whether an employer can restrict the activities of an employee to whom it has granted shares through the inclusion of restrictive covenants in a shareholders’ agreement and whether such restrictive covenants can continue after the employee’s employment terminates, see Q&A: Where a shareholder of a joint venture company is also an employee, is it possible to include different restrictive covenants in the shareholders' agreement to those included in the employment contract? With particular regard to a subscription and

A non-circumvention clause prevents a party (A) from dealing directly with the suppliers or customers of the other party (B) (ie and thereby circumventing or bypassing dealing with Party B), and aims to minimise damage to Party B’s business. It is an extension of the concept embodied in a non-solicitation clause (see eg Precedent: Non-solicitation clause—commercial contracts) and may be used in a number of scenarios, eg: • non-disclosure agreements—to prevent the recipient of confidential information from working directly with businesses associated with the discloser • supply agreements—to prevent a customer from circumventing the supplier and dealing directly with the manufacturer or wholesaler

Public Law analysis: This analysis considers the Technology and Construction Court’s dismissal of a procurement challenge to the award of the Fourth National Lottery Licence and related contract modifications. The judgment reinforces the high threshold for establishing manifest error, confirms the broad margin of discretion afforded to contracting authorities in complex evaluations, and emphasises that the court’s role is supervisory rather than appellate. It also provides important guidance on transparency, equal treatment, feedback obligations, incumbency advantage and contract modifications under the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273, reg 43. The decision further highlights the importance of causation, procedural discipline and contemporaneous documentary evidence in procurement litigation. Produced in partnership with Ed Williams and Rowan Scarth of DWF Law LLP.

This Practice Note contrasts and compares key features of the FIDIC 2017 and NEC4 contracts. It focuses on the NEC4 Engineering and Construction Contract (ECC) and the FIDIC Red Book 2017 (Red Book), which is used where the Contractor is building to the Employer’s design (note however that should the works include an element of Contractor design the Red Book caters for this). In relation to the 1999 edition of the FIDIC Red Book, see Practice Note: FIDIC 1999 and NEC4 contracts compared. Overall philosophy FIDIC The FIDIC contracts are the pre-eminent international standard form construction contract. They are known for being ‘written by engineers, for engineers’. The contracts are also known for their balanced risk allocation with risks falling with the party better placed to bear them (the EPC/Turnkey form, commonly known as the Silver Book, is somewhat of an exception to this). Unsurprisingly for a contract suite developed by engineers, the Engineer plays a prominent role in some of the FIDIC contracts, including the Red Book. There were significant changes to the