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PRECEDENTS
1 It is admitted that the Claimant has undertaken occasional cycle courier assignments for the Respondent since about [insert date]. It is denied that the Claimant was a worker or that he was engaged under the contract set out at paragraph 2 of the Grounds of Claim. The terms set out are standard terms for the Respondent’s worker contracts but the Claimant was never engaged on such a contract. 2 The Claimant offered cycle courier services through his limited company, Speedy Delivery. The Respondent engaged the services of Speedy Delivery from time to time when it had too many deliveries for its own workers to complete. Work was provided to Speedy Delivery on the basis that a competent cycle courier would be provided to carry out assignments. There was no requirement that the Claimant provide services personally and on several occasions the work was carried out by
PRACTICE NOTES
NEC terminology Practitioners who are new to the NEC contracts may find the below explanations of terms used in the NEC ECC useful, as there are many terms used in these contracts that are unique to the NEC suite and/or which may require further explanation. It is important to remember when using the NEC ECC that both capitalised terms and those in italics are important to interpretation of the contract. Where a term is capitalised, the definition of the term can be found in clause 11.2. Where a term is in italics, refer to the details inserted in the Contract Data (where a term is italicised in the NEC ECC, it is shown in italics in this glossary). This list also includes terms that are used within NEC but which are not defined or included in the Contract Data (as such not all terms in this glossary are capitalised or in italics). The list below should always be read in conjunction with clause 11.2 and the Contract Data of the contract in question. This glossary covers both the NEC3 and
CHECKLISTS
This Checklist sets out the pre-contract searches which a buyer, tenant or mortgagee should undertake as part of their property due diligence. It is not an exhaustive list and additional searches may be required depending on the nature and location of the property and its proposed use. For simplicity, references to the seller in this Checklist include a landlord or mortgagor, as appropriate. References to the buyer include a tenant or mortgagee. Search When is it required? Further information Local land charges search (Form LLC1) Every transaction See Pre-contract searches — Local land charges searches Enquiries of the local authority (Form CON29 and CON29O) Every transaction See Pre-contract searches — Enquiries of the local authority and Planning local authority searches Commons search (Form CON29O) Every transaction where the property:• is undeveloped (or recently developed)• is former manorial land, or• adjoins a town or village greenA search should also be made where there is a verge or other land between the property and the highway See Pre-contract searches — Commons registration search Planning search Consider
CHECKLISTS
This Checklist sets out key issues to consider, and provides practical guidance, when drafting and negotiating entire agreement clauses in a business-to-business (B2B) contract. It considers the implications of common law and statutory controls, including the Unfair Contract Terms Act 1977 (UCTA 1977) and the Misrepresentation Act 1967 (MA 1967). The purpose of an entire agreement clause is to give the parties certainty that the entirety of the agreement between them is set out in writing and to ensure that any pre-contractual representations, statements, arrangements or discussions will not form part of the agreement they are entering into. Statements are often made by one party to another as part of the pre-contract negotiations (for example as part of a sales process). Disputes can arise around whether, or which, statements are intended to form part of the contract or potentially give rise to other remedies. Depending on the facts, a pre-contractual statement might take legal effect (and give rise to remedies). For more information, see Practice Note: Pre-contractual representations and statements. An entire agreement clause usually consists of three component parts:
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It is for background information only. On 22 August 2023, SIAC announced the public consultation of the Draft 7th Edition of the SIAC Rules. The draft of the SIAC Rules, 7th Edition can be accessed here. This Practice Note considers the position of multiple contracts, joinder and consolidation under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (6th edition) 2016 (2016 SIAC Rules). The 2016 SIAC Rules apply to arbitrations commenced on or after 1 August 2016, unless the parties have agreed otherwise. SIAC’s multi-party and multi-contract rules The 2016 SIAC Rules included detailed provisions in respect of the following: • multiple contracts (2016 SIAC Rules, r 6) • joinder (2016 SIAC Rules, r 7), and • consolidation (2016 SIAC Rules, r 8) In this regard, SIAC follows other international arbitral institutions which have made similar provisions in their rules (see examples below) reflecting
PRACTICE NOTES
Produced in association with 4 Pump Court ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note covers a requirement that applied only to contracts entered into before 1 October 2011 (in England and Wales) or before 1 November 2011 (in Scotland). Section 107 of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) as originally enacted provided that the HGCRA 1996 only applied to construction contracts which were ‘in writing’. This section was removed by section 139 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009), hence the content of this Practice Note is only relevant to contracts entered into before the LDEDCA 2009 came into force. Note that the HGCRA 1996 as currently in force does require certain provisions relating to adjudication to be recorded in writing. If these are absent, then the relevant provisions in the Scheme for Construction Contracts will apply to that contract. See Practice Note: Introduction to the HGCRA 1996. Meaning of 'in writing' HGCRA
PRACTICE NOTES
This Practice Note sets out the key factors to consider when claiming damages for losses resulting from food poisoning under the: • Package Travel, Package Holidays and Package Tours Regulations 1992 (1992 Package Travel Regs), SI 1992/3288 (package holidays sold or offered for sale on or after 31 December 1992 until 30 June 2018 are governed by the 1992 Package Travel Regs), or • Package Travel and Linked Travel Arrangements Regulations 2018 (2018 Package Travel Regs), SI 2018/634 (for packages sold on or after 1 July 2018) You can access a copy of the 1992 Package Travel Regs here: For general guidance on package holiday claims, see Practice Note: Package holiday claims. Proving breach of contract Despite the fact that this would be a claim against the tour operator under the 1992 Package Travel Regs, SI 1992/3288, reg 15 or 2018 Package Travel Regs, SI 2018/634, regs 15 and 16, it is now accepted that there is no need to provide evidence of a breach of local standards—see Kempson & Kempson
NEWS
Commercial analysis: Tariffs have come into the international spotlight in 2025, with the US imposing unprecedented tariffs on imports and other countries, including Canada, China and the EU, imposing retaliatory tariffs on the US in response. These measures have impacted global markets and introduced economic and geopolitical uncertainty. In this article, Peter McCormack and James Lindop, both partners at Eversheds Sutherland, look at the purpose of tariffs, their impact on commercial contracts and supply chains and, from an English law perspective, the measures that businesses may take to deal with this impact.
CHECKLISTS
Breach of a contract entered into before 1 October 2015 Breach of a contract entered into on or after 1 October 2015 Negligence Consumer Protection Act 1987 Relevant legislation All contracts entered into prior to 1 October 2015 (whether in a business or consumer context):—Sale of Goods Act 1979 (SGA 1979)—Supply of Goods and Services Act 1982 (SGSA 1982) Consumer contracts entered into from 1 October 2015:—Consumer Rights Act 2015 (CRA 2015) Not applicable Consumer Protection Act 1987 Who can bring a claim —Parties to the contract (purchaser/consumer)—Third parties specifically referred to in the contract (Contracts (Rights of Third Parties) Act 1999) Parties to the contract (purchaser/consumer)—Third parties specifically referred to in the contract (Contracts (Rights of Third Parties) Act 1999) Users of a product or any person provided that the defendant owed them a duty of care, eg bystanders struck by a defective product Person who suffered damage Potential defendants —Parties to the contract (retailer) —Parties to the contract (retailer) Includes but is not limited to:—manufacturer—repairer—assemblers
Q&As
If the homeowner is, as in this scenario, without any means of seeking recourse directly from the contractor involved in constructing its property, the other party to whom it may look to impose liability, and recover losses that it has suffered, will be the employer. The extent to which it is able to do so will depend, however, on the terms of the contract entered into between the homeowner and the employer and the nature/extent of the defects in the property. The homeowner should consider very carefully the terms of
Q&As
This Q&A considers the relevance of Regulation (EU) 1215/2012, Brussels I (recast) when considering whether permission is required to serve out of the jurisdiction. What is the relevance of Regulation (EU) 1215/2012 (Brussels I (recast)) when considering whether permission is required to serve out of the jurisdiction? Permission is not required to serve a claim form out of the jurisdiction where the factors in CPR 6.32 or CPR 6.33 are satisfied (note that CPR 6.32 is not relevant in this instance as it only applies to Scotland and Northern Ireland). CPR 6.33 sets out various scenarios where the permission of the court is not required to serve out of the UK. These include (at CPR 6.33(2)) reference to various provisions of Regulation (EU) 1215/2012 (Brussels I (recast)). These are detailed below. Permission is not required
Q&As
Variation of a contract Variation of a contract occurs when the parties agree to change certain terms from those originally agreed, while the remaining terms continue to operate without amendment. The variation can be effected in the following ways: • written agreement—this could be by way of a formal contract, deed, correspondence or emails • oral agreement—however, if the original contract provides that the agreement can