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Q&As
What are the obligations to use the model instructions for cancellation? The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) set out a number of obligations on traders regarding the instructions that they may choose to provide to consumers so they (eg consumers) can cancel the contract. The CCR 2013, which came into force on 13 June 2014, state at regulation 13(3): ‘the information referred to in paragraphs (l), (m) and (n) of Schedule 2 may be provided by means of the model instructions on cancellation set out in part A of Schedule 3; and a trader who has supplied those instructions to the consumer, correctly filled in, is to be treated as having complied with paragraph (1) in respect of those paragraphs.’ These instructions in Part A of Schedule 3 to the CCR 2013 are known as the model instructions for cancellation and are set out below. The instructions only apply where a right to cancel exists. It is important to note that the use of the model
Q&As
Practice Note: How to process personal data lawfully explains that under the general data protection regulation (GDPR), there are six potentially lawful grounds for processing personal data: • the data subject has given consent to the processing of their personal data for one or more specific purposes • processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract • processing is necessary for compliance with a legal obligation to which you are subject • processing is necessary to protect the vital interests of the data subject or another natural person • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in you • processing is necessary for the purpose of the legitimate interests pursued by you or a third party, except where such interests
PRACTICE NOTES
This Practice Note examines the main agreements involved in an infrastructure project. The project documents discussed below will not be relevant to every infrastructure project—the project structure, procurement method, financing model and nature of the project and parties will determine which project documents are required. For more details on the project parties referred to in this note, please see Practice Note: Infrastructure projects—parties. Note that the party referred to as ‘employer’ in this Practice Note would typically be the ‘Project Co’ under a project finance structured infrastructure project. Construction contract The construction contract is the agreement between the employer and the contractor for the design (to varying extents) and construction of the infrastructure facility. Depending upon the procurement method, there may be one construction contract for the whole project (such as an EPC/Turnkey contract) or multiple contracts with different contractors for multiple works packages (such as under EPCM procurement). The construction contract may be bespoke or based upon an industry standard form. For more information on infrastructure procurement and forms of construction contracts, see Practice Notes: Infrastructure
PRACTICE NOTES
This Practice Note is produced in partnership with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer and Ms Thea Elyssa Vega, Foreign Lawyer all of WongPartnership LLP, Singapore. This Practice Note considers the position of multiple contracts, joinder and consolidation under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th Edition) 2025 (2025 SIAC Rules). The th Edition of the SIAC Rules came into effect from 1 January 2025 and can be accessed here. The 2025 SIAC Rules apply to arbitrations commenced on or after 1 January 2025, unless the parties have agreed otherwise. SIAC's multi-party and multi-contract rules The 2025 SIAC Rules includes detailed provisions in respect of the following: • multiple contracts (2025 SIAC Rules, r 15) • consolidation (2025 SIAC Rules, r 16) • co-ordinated proceedings
NEWS
Law360: The European Commission on 26 April 2024 proposed new rules to help small and medium-sized businesses access a yet-to-be established investor court that was included in the bloc's nearly seven-year-old trade deal with Canada.
Q&As
We assume in this scenario that the property is registered at HM Land Registry and A and B are the registered proprietors. We also assume that, since A and B hold the beneficial interest on trust for themselves as tenants in common, there is a Form A restriction on the title. Two trustees will therefore be required for the transfer of the property in order to overreach the beneficial interests in the property and comply with the restriction. On the death of A, legal title to the property vests in B. As the property was held as tenants in common, A’s beneficial share vests in A’s personal
Q&As
Stamp duty land tax (SDLT) is payable where all or part of an interest in land or property is transferred to a person for monetary value, known as chargeable consideration. If the transfer is a gift, meaning there is no consideration, SDLT does not ordinarily apply. SDLT is charged on money or monies worth, given directly or indirectly by the purchaser, or a person connected with the purchaser for the land or other subject matter of the transaction. In this scenario, two properties are to be transferred from being jointly-owned into the sole names respectively of each of the joint owners, on different days, with no payment changing hands.
PRACTICE NOTES
This Practice Notice looks at how multiple causes of action can be consolidated and dealt with by means of a single arbitration, focusing on construction disputes. See also Practice Note: Multi-party and multi-contract arbitration—an introduction. Multi-party/multi-contract disputes Construction disputes often involve more than two parties. It is common for an employer to enter into a construction contract with a main contractor, who then sub-contracts different parts of the works to a number of sub-contractors. The result is that multiple, interconnected construction contracts are in place between various different parties on one project. In the event of a dispute, there may be many potential causes of action under the various contracts. A single dispute may involve the employer, the contractor and a number of the sub-contractors, suppliers and consultants. If all the contracts are subject to the jurisdiction of the court, this is easily managed by the Civil Procedure Rules and the court will ensure all the related claims are joined ('consolidated') into the same proceedings. However, where some or all of the contracts contain
Q&As
Where a real property is jointly owned and one of the joint owners is made bankrupt, the bankrupt’s beneficial interest under the trust vests in the trustee in bankruptcy, but the legal estate remains vested in the bankrupt and the non-bankrupt joint owner (see section 283(3)(a) of the Insolvency Act 1986, Re McCarthy and Re Amin; Abdulla v Whelan). See also Practice Note: Property that vests in the trustee in bankruptcy on bankruptcy and how the trustee in bankruptcy ascertains the extent of their interest in it. Bankruptcy is a ground for replacing a person as trustee under section 41(1) of the Trustee
PRECEDENTS
This document provides guidance to [partners OR members OR directors] [, managers] and any other member of staff involved in supervising trainee solicitors with a training contract with our firm. What the SRA expects from us The SRA imposes general requirements on supervising work, together with specific regulatory requirements in relation to training and supervising trainee solicitors who have a training contract. The requirements are supplemented by guidance on the SRA website. The SRA’s requirements can be found in: • the SRA Codes of Conduct, which contain the SRA’s core requirements in relation to supervision generally • the SRA Education, Training and Assessment Provider Regulations We are committed to providing training that: • is properly and effectively supervised in accordance with the SRA’s requirements • supports trainees and ensures they meet the Practice Skills Standards (see below) • [provides practical experience in at least three distinct areas of English and Welsh law and practice] • includes regular review and appraisal of the trainee’s performance and development and their record of training The training principal The Firm has appointed [insert name of training principal] to be its training principal. The training principal
PRACTICE NOTES
This Practice Note considers the steps which a business can take to review its commercial contracts with a view to extracting maximum value and minimising costs. This Practice Note explains the circumstances which might prompt a legal contract review, what should be reviewed and who should be involved in the review process. It also explains the key elements of the contracts reviewed from both a customer’s and a supplier’s perspective. Purpose of review A contract review is intended to be a periodical review carried out by a lawyer in conjunction with key business stakeholders, over and above the contract management carried out by the business operationally day to day. Although a contract review may be prompted by issues arising as and when they occur from time to time, it is also beneficial to schedule a periodical review at a given point in the contract lifecycle or financial year to offer the opportunity for the business to keep on top of its options available to extract value, minimise unnecessary costs, and avoid exposure
PRACTICE NOTES
The Institute of Chemical Engineers (IChemE) first published the Model Form of Conditions of Contract for Process Plants suitable for Lump Sum Contracts in the United Kingdom in 1968. Further editions were published in 1981, 1995 and 2001. This Practice Note looks at the 2013 5th Edition for lump sum contracts. It amends the 2001 version with updated legislation, and introduces other specific changes. IChemE’s detailed provisions for completion testing and commissioning make the Red Book particularly suited to process plant projects. Such projects may include operations excluded from HGCRA 1996, including certain plant installation works on sites where the primary activity is power generation, water treatment or specified manufacturing processes. Whether the Act applies depends on the operations concerned and the statutory conditions; a contract may cover both included and excluded operations. Where the Act applies, check that the payment provisions, completed schedules and any amendments comply with its requirements. The unamended IChemE payment provisions are compliant with the HGCRA. The contract comprises general and special conditions, a specification (the