Dear [insert name of authorised representative of the counter-party], [insert name of agreement]: [insert client name] and [insert counter-party name] 1 [As you are aware, we OR We] act for [insert client name] (our client). 2 Our client and [insert counter-party name] ([insert short name]) are parties to a [insert agreement name] dated [insert date] (Agreement). 3 We are instructed that [insert counter-party short name] has breached the Agreement by [failing to] [insert description of breach], contrary to Clause [insert number].

Dear [insert name of authorised representative of the counter-party], [insert name of agreement]: [insert client name] and [insert counter-party name] 1 [As you are aware, we OR We] act for [insert client name] (our client). 2 Our client and [insert counter-party name] ([insert short name]) are parties to a [insert agreement name] dated [insert date] (Agreement). 3 We are instructed that [insert counter-party short name] has breached the Agreement by failing to pay £[insert amount] (Debt) to our client by [insert due date] as required by Clause [insert number]. 4 [Time is of the essence for payments required by [the Agreement OR Clause [insert number]] in accordance with Clause [insert number]. OR Our client asserts that time is of the essence for payments required by [the Agreement OR Clause [insert number]], based on the following considerations [insert considerations].] 5 [Interest has accrued on the Debt from [(and including)] [insert date] in accordance with Clause [insert number] and as at the date of this letter amounts to £[insert amount]. Interest will continue to accrue until the Debt is paid in full and is

This Practice Note explores governance, contract management and reporting provisions in typical outsourcing agreements. It explains the reason why governance is particularly important in long-term outsourcing agreements and explains the structure of a typical governance schedule. It also examines related legal issues such as good faith, contract variation and waiver. Outsourcing agreements usually last for a number of years and require close collaboration between the supplier and the customer throughout the term. Robust governance and reporting provisions form the foundation of this collaboration and ensure that the parties begin their relationship with a clear expectation of how much involvement the customer will have in the day-to-day operations of the outsourced services, how often and in what form the supplier needs to report to the customer, and how potential problems will be resolved. This Practice Note looks at the following issues: • Introduction to outsourcing governance • Drafting the governance provisions • Legal issues • Reporting For precedent governance and reporting provisions, see clause 9 and schedule 9 of Precedent: Outsourcing agreement—long form. Introduction to outsourcing governance Governance

If a non-financial provision in a court order needs enforcing—such as if the order concerns directing a party to execute any conveyance, contract or other document, or to indorse any negotiable instrument—the court can, on that party’s failure, order a nominated person to execute the instrument in their place under section 39 of the Senior Courts Act 1981. Therefore, in this case allowing the trustee in bankruptcy to sign the sale contract and transfer deed on the bankrupt

This Q&A considers: 1) If a landlord enters into a joint assured shorthold tenancy (AST) fixed-term tenancy agreement with three tenants and rent payable on the face of the contract as 'yearly' (eg rent for the 'term' (of 12 months) will be £X), will the tenancy continue on a month-by-month periodic tenancy on the expiration of the fixed term? and 2) If one of the tenants vacates the property and a new tenant takes their place, are they still bound by the terms of the tenancy agreement? These two questions raise the situation which often arises when a fixed-term

This question raises the issue of what can be done when an executed document fails to accurately reflect the agreement that the parties had reached. Where a tenant entered into a lease on the basis of a statement by the landlord’s agent that they would not be responsible for electricity charges at the property, other than through the service charge, but the lease mistakenly makes them liable for those charges, what can be done? Pre-contractual negotiations cannot be used as an aid to interpretation of a contract. The statement from the agent therefore cannot be admitted in evidence as

An employee in England who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those premises occupies either as a tenant or as a licensee under a service occupancy (or tied accommodation as it is also known). The distinction is important because, under a service occupancy, the right to terminate arises when the employment ends whereas a tenancy may benefit from security of tenure.

Originally called 'Model Form A', 'MF/1' comprises Conditions of Contract for the design, supply and installation of electrical, electronic and mechanical plant. First published by the Institution of Electrical Engineers (IEE), the Institution of Mechanical Engineers (IMechE) later joined the IEE as publisher, widening the scope to cover mechanical works. The 1988 edition was renamed and combined with the export version—MF/1. This Practice Note looks at the 2024 Revision 7 version of the form (now published on behalf of the Institution of Engineering and Technology (IET) and the IMechE). Other contracts in the Model Form suite include conditions for supply only (MF/2 and MF/3) and for professional services (MF/4). See Practice Notes: MF/2 Rev 2 (1999), MF/3 Rev 1 (2001) and MF/4 (2003). MF/1 is prepared for projects with a large element of mechanical, electrical and electronic plant—it has been used on projects ranging from electricity generation, waste incineration, and fire safety equipment to automated manufacturing systems. Although not a part of MF/1, it would be common for the Contractor to also enter into a maintenance agreement

Incidental processing There is no concept of incidental processing of personal data under data protection law. If there is any processing of personal data, then the Data Protection Act 1998 (DPA 1998) or, from 25 May 2018, the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 will need to be complied with. Definition of processing Under the GDPR, Regulation (EU) 2016/679, 'processing' is defined as meaning: ‘any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means’, including: • collection,

[ To be added on the face of the contract ]

Statutory redundancy pay An employee is entitled to a redundancy payment when: • he is an employee • he has been continuously employed for not less than two years • he has been dismissed • the dismissal was by reason of redundancy For the purposes of entitlement to a redundancy payment, dismissal means any situation where: • the employer terminates the contract under which he is employed by the employer, with or without notice • a limited term contract comes to an end and is not renewed • an employee is entitled to terminate the contract with or without notice by reason of the employer’s conduct, and does so (except by reason of a lock out) • notice is given by the employer and the employee subsequently gives notice in writing

In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Books. In December 2022, FIDIC launched reprints. The FIDIC Silver Book 2022 reprint is titled ‘The Conditions of Contract for EPC/Turnkey Projects Second Edition 2017, reprinted 2022 with amendments’. It is published with the same ISBN number. The amendments include: • the errata issued in December 2018 (see News Analysis: Errata to FIDIC 2017 contracts published) • the additional errata issued in June 2019, and • further errata and amendments issued in November 2022, which FIDIC stated were effective from 1 January 2023 There is no obligation to use the FIDIC 2022 reprints. The Parties are free to choose the original FIDIC 2017 books if they prefer. This Practice Note is an introduction to the FIDIC Silver Book 2017 (FIDIC Conditions of Contract for EPC/Turnkey Projects, Second Edition), reprinted 2022 with amendments. For information about the FIDIC Silver Book 1999, see Practice Note: FIDIC contracts—introduction to the