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PRECEDENTS
date [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Landlord) 2 [name of Tenant] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Tenant) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: [Acceptance Tests • the tests usually carried out when commissioning items of mechanical and electrical plant, such as those to be incorporated in the Landlord’s Works, with a view to establishing that they meet their intended design and performance specifications;] [Access Certificate • the certificate issued by the Contract Administrator that the Landlord’s Works satisfy the Access Condition;] [Access Certificate Pre-conditions • are: (a) [the Landlord’s Works are wind and water tight;] (b) [the concrete floor has dried and aired;]
PRECEDENTS
1 The Claimant was engaged by the Respondent from [insert date] as a cycle courier working from the Respondent’s premises as [insert address]. The Respondent is a company which undertakes deliveries for clients in the Greater London area. The Claimant was a worker within the meaning of section 230(3) of the Employment Rights Act 1996 and the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015. 2 The Claimant’s contract with the Respondent included the following terms: 2.1 that the Claimant agreed to work flexibly in accordance with the Respondent’s Zero Hours Scheme; 2.2 that the Claimant had no set daily or weekly working hours and there might be periods when no work was
PRACTICE NOTES
This Practice Note examines the issues that arise in relation to the use of liquidated damages clauses as an alternative to claiming damages for breach of contract. It considers examples of liquidated damages clauses for the employer or the employee. It compares lawful liquidated damages clauses with penalty clauses and considers the use of repayment provisions. Relevant case law is also examined. Debt or damages An employee may have an action against their employer for wages and other sums due under the contract, where: • they have performed the work or service for which the payment is due • they are ready to perform the work but are prevented from doing so by the employer Equally, an employer may seek to hold the employee liable in damages for breach of contract, for example where: • the employee has failed or refused to perform the contract of employment • the employee has breached their duty of competence or care However, instances of employers suing employees (or ex-employees) in these circumstances are rare because: • it
Q&As
Basis of liability in professional negligence claims Our Practice Note: Bringing a professional negligence claim based on the duty in contract, tort and equity provides a useful outline for the initial considerations in bringing a clam for negligence. There are three options for the basis of the claim: Liability in contract: In most cases, there will be a contract between the professional and the client, eg between a solicitor and his client. There may be express or implied terms as to the performance of obligations under the contract and there may be attempts to limit or exclude liability for
PRECEDENTS
This Guarantee is made the [insert number] day of [insert month] 20[insert year] Parties 1 [insert name] (Company No. [insert number]) of/whose registered office is at [insert address] (the ‘Guarantor’); and 2 [insert name] (Company No. [insert number]) of/whose registered office is at [insert address] (together with its successors and assigns, the ‘Employer’). Background (A) By a contract dated [insert date] (‘the Contract’) and made between (1) the Employer and (2) [insert name] (‘the Contractor’), the Contractor has agreed to execute and complete certain works (‘the Works’) upon the terms and conditions contained in the Contract. (B) Pursuant to the terms of the Contract, the Contractor has agreed to procure the provision of a guarantee in the terms hereof (the ‘Guarantee’). The Contractor is a wholly owned subsidiary of the Guarantor. (C) At the request of the Contractor, the Guarantor has agreed to guarantee performance of the Contract by the Contractor. It is hereby agreed as follows: 1 In consideration of the Employer entering into the Contract with the Contractor, the Guarantor irrevocably and unconditionally guarantees to the Employer as a primary obligation and not
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force. This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. Underlying procurement principles—pre-PA 2023 A contracting authority must observe the general principles of equal treatment, non-discrimination, transparency and proportionality in relation to all public procurement correspondence for contracts valued above the relevant tendering
PRECEDENTS
Notice of payer’s intention to pay less than the notified sum Reference: [insert appropriate reference to the contract and project] Date: [insert date] To: [insert recipient’s name] Payment due date: [insert the relevant due date of the payment, determined in accordance with
Q&As
There are two main issues to be considered in these circumstances. The first has to do with introducing a post-termination restriction into the employee’s contract on termination of their employment, and the second has to do with the consequences of withholding pay that is owing to an employee. When it comes to introducing a post-termination restriction into an employee’s contract, it can only be validly done if the employee consents to it and if there is good consideration for that consent. It is unlikely that payment of
PRECEDENTS
[To be typed on letterhead of individual] [Insert name of consultancy company] [Insert address of consultancy company] Date: [insert date] Dear [insert name of consultancy company] [Insert name of consultancy company] (the Consultancy) [Insert name of client company] (the Company) Consultancy agreement I refer to the[ proposed] consultancy agreement between the Consultancy and the Company[ reference [insert reference]] [, a copy of which is attached to this letter,] (the Consultancy Agreement), under which you have an obligation to procure that I (as the individual providing services under the Consultancy Agreement) adhere to certain terms of the Consultancy Agreement. 1 Consultancy Agreement 1.1 I write this letter, in consideration for receiving from you payment for my services, to enable you to provide the Company with the assurances it requires under the Consultancy Agreement. For convenience, I have in this letter adopted the definitions set out in the Consultancy Agreement. 1.2 I warrant that I have beneficial ownership of [more than 50% of the OR the entire] issued share capital of the Consultancy. I undertake that, during the term of the Consultancy Agreement, I will not divest myself of that beneficial
PRACTICE NOTES
Background The coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at real risk of insolvency. Some jurisdictions have made temporary changes to their insolvency laws to assist companies (and their directors) and individuals given the current uncertainty over how long the crisis will continue and what its lasting effects will be. This Practice Note considers the position in the UK. For details on the reforms in other jurisdictions, see: Coronavirus (COVID-19) Tracker of insolvency reforms globally [Archived]. Previous proposals for reform On 26 August 2018, the government issued a response to its consultations on Insolvency and Corporate Governance, announcing several proposed changes to UK insolvency legislation. The proposals include the introduction of: • a moratorium available to all companies to allow companies to formulate restructuring proposals without creditor pressure • a new ‘restructuring plan’, being a new formal process to enable companies to cram down dissenting creditors • a prohibition on enforcement of contractual provisions permitting termination for an insolvency event in contracts and licences for the supply
Q&As
A provider must ensure that funds from an employer’s apprenticeship service account or government-employer co-investment are only used for eligible costs related to the individual apprenticeship, up to the funding band maximum (see paragraph 103 of the Apprenticeship funding rules 2024 to 2025. Ineligible costs include: • fees to awarding bodies for non-mandatory qualifications, including registration, examination, certification and re-sit costs • additional learning required to re-sit an exam linked to a non-mandatory qualification • re-sit
Q&As
The employee’s adviser may wish to consider: • whether the employer might be jointly responsible for the alleged defamation • whether the employer might be vicariously liable for the alleged defamation • whether there is an implied right of indemnity • whether the alleged defamatory statement was libel (a defamatory statement published in written form) or slander (a defamatory statement in spoken or other temporary form) Joint responsibility for alleged defamation A defendant in a defamation action may wish to seek a contribution from another person who is jointly responsible for the publication of the statement complained of. Where the third party is found liable, the court will require them to pay a 'just and equitable' contribution, having regard to the extent of their responsibility for the damage in question. The procedure for responding to, and the management of, a claim for contribution or indemnity