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PRECEDENTS
Notice to complete To: [insert recipient's name and address] Property: [insert property details] We: 1 refer to the contract dated [insert date] by which you agreed to [buy the Property from the Seller OR sell the Property to the Buyer]; 2 state
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to commercial contracts in Egypt published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Eldib Advocates—Richard G Tibichrani; Mohamed Abdel Rehim 1. Is there an obligation to use good faith when negotiating a contract? Article 148/1 of the Egyptian Civil Law No. 131/1948 stated that the performance of contractual obligations must be done in good faith by both parties concerned. Consequently, the principle of good faith is recognised by Egyptian legislation and hence, the courts, even if the contract did not state this principle. Such recognition is thought to extend to include the precontractual phase. 2. How are ‘battle of the forms’ disputes resolved in your jurisdiction? Under Egyptian legislation, the Egyptian courts will conclude that the latest version of a contract before the performance of obligations is the contract concluded between the concerned parties. Interestingly, it was argued before the Court of Appeal that the terms and conditions listed in the bill of lading of a
PRACTICE NOTES
This Practice Note sets out the functions of bills of quantities (‘BoQs’) in the JCT forms of contract, what parties should consider and what BoQs contain, as well as some practical tips. It looks primarily at the 2024 editions of the JCT forms of contract, but similar provisions are found in earlier editions. The JCT defines Contract Bills (eg in clause 1.1 and the Second Recital, JCT Standard Building Contract With Quantities 2024) as ‘the fully priced bills of quantities referred to in the Second Recital’. More generally, BoQs are schedules that detail units, quantities, rates and totals for items of work, materials, components and labour which are itemised in accordance with an industry-recognised standard method of measurement. BoQs are usually prepared by the Employer’s consultant and are based upon the drawings and specifications issued at tender. They are issued with the tender to enable all contractors to price based on the same information. The difference between the JCT definition of Contract Bills and BoQs is that JCT refers
PRECEDENTS
Notice to complete ARCHIVED: This Precedent is archived and no longer maintained. To: [insert recipient's name and address] Property: [insert property details] We: 1 refer to the contract dated [insert date] by which you agreed to [buy
PRECEDENTS
From: [insert name] [of OR whose registered office is at] [insert address], [company registration number] (we or us) To: [insert name] of [insert address] (‘you’) Dated: [insert date] 1 Introduction 1.1 This statement contains the particulars of your employment with us as at [insert date], which are required to be given to you under the Employment Rights Act 1996. 1.2 [This statement should be read in conjunction with the Employee Handbook[ which, where indicated in the Handbook, forms part of your contract of employment], a copy of which [is available from [state source] OR you acknowledge has been made available to you]. In the event of any discrepancy between these documents, the terms set out in [this statement] will prevail.] 2 Start date 2.1 Your employment[ and your period of continuous employment] started on [insert date]. 2.2 [No employment with a previous employer counts as part of a period of continuous employment. OR Your employment with [insert name of previous employer] forms part of a continuous period of employment which began on [insert date].] 3 Remuneration 3.1 Your [annual salary] is £[insert figure], which will accrue on a daily
PRECEDENTS
This Agreement is made on [date] Parties 1 [Name of Employer] is a company incorporated in England with registered number [number] whose registered office is at [address] (the Employer); and 2 [Name of Employee], of [address] (you). Background (A) You [are OR will be OR were] employed by the Employer as [insert job title or position] pursuant to the Contract of Employment. (B) In the course of your employment, the Employer [will disclose OR has disclosed] Confidential Information to you. (C) The Parties have agreed to enter into this Agreement in connection with the disclosure and use of Confidential Information[ during the Employment and] after the termination of the Employment. FORTHCOMING CHANGES: Changes to NDAs are contained in section 6 of the Victims and Courts Act 2026 (VCA 2026) and section 24 of the Employment Rights Act 2025 (ERA 2025). Under VCA 2026, s 6 (not yet in force), a new section 17 will be inserted into VPA 2024 that will allow a victim of criminal conduct, or a person who reasonably believes they are a victim, to make a disclosure to anyone for any purpose. With the exception
PRACTICE NOTES
This Practice Note is for use when determining applicable law where the contract was entered into on or after 1 January 2021. For contracts entered into before 1 January 2021, a different applicable law regime will be applied by the UK courts. Which regime is applied will depend on the date on which the contract was entered into. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note refers to UK Rome I, Regulation (EC) 593/2008. Originally known as Retained Rome I, since 1 January 2024, it is known as Assimilated Rome I—the change is to the name only and not the provisions within the regulation. Authorities may refer to the regulation using either name and so, for ease of reference, the regulation is referred to as UK Rome I in this Practice Note. For information on assimilated law, see Practice Note: Assimilated law. This Practice Note provides an explanation as to when and why UK Rome I, Regulation (EC) 593/2008 was introduced.
PRACTICE NOTES
As summarised in: Unjust enrichment and restitution—overview, restitution is concerned with reversing one party’s unfair or unjust benefit obtained at the expense of another party. Practice Note: Unjust enrichment—elements of the claim sets out the key requirements when bringing a claim for unjust enrichment. It is not a prerequisite to a claim for unjust enrichment that the defendant must have acted in a wrongful way, but that their retention of the gain they have obtained at the claimant’s expense is unjust. This may be, eg, where the claimant mistakenly made a payment to the defendant through no wrongful act on the part of the defendant. Practice Note: Unjust enrichment—defences includes, among available defences, the defence that the defendant has changed their position as a result of the enrichment or that the defendant is a bona fide purchaser for good value, itself having given good consideration for that which it has received, even if this has been at the claimant’s expense. However, there are other claims for restitution which are predicated on some element of wrongdoing
PRECEDENTS
1 The Contractor shall immediately on execution of this Contract procure and deliver to the Employer a performance
PRECEDENTS
ARCHIVED: This Precedent has been archived and is not maintained. STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. [Complainant’s organisation] [Name] [Address] [Sent by email] [Confidential] Dear
PRECEDENTS
[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]. [Set out details of any prior consultation process that has taken place.] As I explained at that meeting, the Company has been reviewing its business priorities in relation to [enter details of any specific business areas that are relevant, eg sales support, business administration] in light of [enter details of the reason why the employer needs to make the proposed changes, eg the need to harmonise the terms and conditions of employees across its business, the substantial downturn in the business over recent months]. As I also explained, the Company
PRECEDENTS
From: [insert name] [of OR whose registered office is at] [insert address], [company registration number] (we or us) To: [insert name] of [insert address] (‘you’) Dated: [insert date] 1 Introduction 1.1 This statement contains the particulars of your engagement with us as at [insert date], which are required to be given to you under the Employment Rights Act 1996. 1.2 [This statement should be read in conjunction with the Staff Handbook[ which, where indicated in the Handbook, forms part of your worker contract], a copy of which [is available from [state source] OR you acknowledge has been made available to you]. In the event of any discrepancy between these documents, the terms set out in [this statement] will prevail.] 2 Start date 2.1 Your engagement starts on [insert date]. 3 Remuneration 3.1 Your remuneration is £[insert figure] per [hour OR day OR week OR month], [inclusive OR exclusive] of VAT where applicable, which will accrue on a daily basis and[, subject to receipt of your invoice,] be paid monthly in arrears on or about the [last working day of each calendar month] by automated bank transfer.