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NEWS
The Department for Environment, Food and Rural Affairs (Defra), the Ministry of Housing, Communities and Local Government (MHCLG), and Natural England has published an implementation plan for the Nature Restoration Fund (NRF). The NRF provides an alternative strategic route for developers to meet environmental responsibilities relating to certain protected sites and species through Environmental Delivery Plans (EDPs) and a levy system. The aim is to streamline development while improving environmental outcomes. The plan notes that pre-market engagement and stakeholder consultations are scheduled for winter 2025, followed by user testing and guidance in spring and summer 2026, with the first EDPs going live after consultations and Secretary of State approval.
NEWS
The Department for Environment, Food & Rural Affairs (Defra), the Ministry of Housing, Communities and Local Government and Natural England have jointly published three guidance documents on the Nature Restoration Fund (NRF). The NRF enables developers to discharge specific environmental obligations by paying the nature restoration levy under an Environmental Delivery Plan (EDP). The guidance covers the NRF framework, use of the nature restoration levy and the associated enforcement, review and appeal arrangements.
NEWS
The Department for Environment, Food and Rural Affairs (Defra) has published a framework document establishing how the Office for Environmental Protection (OEP) should operate in partnership with it and the Department for the Agriculture, Environment and Rural Affairs (DAERA). The Framework Document sets out the key areas of responsibility for each party, how the day-to-day working relationship should function in practice, and the governance and accountability measures which apply between the three parties, including financial management, accounting and auditing arrangements, dispute resolution arrangements and reporting requirements.
GLOSSARY
To defraud is by deceit to induce a course of action.
NEWS
The Department for Environment, Food & Rural Affairs (Defra) has published the initial illustrative base fees payable by packaging producers to the Scheme Administrator. The fees payable are for year 1 of the extended producer responsibility (EPR) and do not include regulator charges or costs associated with meeting packaging recycling targets.
GLOSSARY
A degrouping charge currently arises where shares in a subsidiary company are sold whilst that company owns a chargeable asset which it acquired by way of an intra-group transfer in the previous six years; where this is the case, the subsidiary leaving the group crystallises a degrouping charge based on the gain that would have arisen had it sold the asset and reacquired it at market value immediately after the original intra-group transfer.
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Principal); and 2 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Agent), (each of the Principal and the Agent being a party and together the Principal and the Agent are the parties). Background (A) The Principal [manufactures OR manufactures and supplies] the Products (as defined below). (B) The Principal wishes to appoint the Agent as its non-exclusive agent in the Territory (as defined below) for the [marketing OR marketing and sale] of the Products on the Principal’s behalf in accordance with the provisions of this Agreement. (C) The Agent has agreed to [market OR market and sell] the Products in the Territory on the Principal’s behalf in accordance with the provisions of this Agreement and is able to ensure payment to the Principal of sums due from the Customers (as defined below) in return for the Del
GLOSSARY
A del credere agent guarantees the performance of the contract for the principal by the third party in return for extra commission.
GLOSSARY
Delay refers to the works being affected by events occurring which affect the progress of the works, meaning that the contractor will not be able to complete the works by the completion date.
PRACTICE NOTES
Introduction Construction projects are sensitive to delays caused by many factors, including weather conditions, design changes, labour shortages, material procurement issues, and unforeseen site conditions. Even minor delays can lead to significant cost overruns, contractual disputes, and extended project timelines. Delay analysis in construction is a process used to identify, evaluate, and quantify the impact of these delays on a project’s progress and completion dates. Through delay analysis, project managers, contractors, consultants, and independent experts appointed in dispute resolution can determine the cause of delays, assess responsibility, and evaluate extension of time or compensation claims. Delay analysis plays a vital role in risk management, dispute resolution, and the successful delivery of construction projects. There are several delay analysis methodologies that are recommended by industry guidance such as the Association for the Advancement of Cost Engineering International Recommended Practice 29R-03 (AACE RP) and the 2nd Edition (2017) of the Society of Construction Law Delay and Disruption Protocol (SCL Protocol). The AACE RP provides detailed procedural guidance, whereas the SCL Protocol offers less technical detail,
PRACTICE NOTES
Delay analysis is a technical method employed by programming/planning specialists to identify the delay and the cause(s) of that delay to the completion date of the works on a project. Delay analysis assists in identifying critical delay and its cause or causes. Contractual entitlement, responsibility and liability must then be determined by applying the terms of the contract and the governing law to those findings. Computer software is a common feature of delay analysis. This Practice Note provides a summary of the different methods of delay analysis commonly used, and the key terminology that arises. It follows the approach taken in the second edition of the Society of Construction Law Delay and Disruption Protocol (SCL Protocol), at guidance section 11. The SCL Protocol is guidance only: it is neither a contract document nor a statement of law and gives way to the express terms and governing law of the contract. For more information on the SCL Protocol, see Practice Note: Delay and disruption in construction projects—The Society of Construction Law Delay and Disruption Protocol. There
GLOSSARY
A protocol published by the Society of Construction Law which provides guidance to all parties to the construction process in relation to claims for delay and disruption, such as determining extensions of time and compensation. The current, second edition was published for 2017.