This Practice Note is for use when determining applicable law in respect of events giving rise to damage, where such events occurred on or after 11 January 2009. This Practice Note provides an overview of the special rules that apply to specific types of claim under Regulation (EC) 864/2007 on the law applicable to non-contractual obligations (Rome II). These cover product liability, unfair competition and acts restricting free competition, environmental damage, intellectual property (IP) rights, industrial action, unjust enrichment, negotiorum gestio—essentially agency without authority, culpa in contrahendo—fault in the formation of contract as well as insurance. See also Practice Notes: Rome II—scope, exclusions and general provisions and Rome II—the general rule and its displacement. For guidance on the application of the regulation in the UK, see: Determining applicable law in non-contractual disputes—overview. The aids referred to in interpreting the Articles are: • judgments of the Court of Justice • recitals which appear at the start of Regulation (EC) 864/2007, Rome II. The recitals provide explanations as well as additional information such as definitions. Where there is any

ARCHIVED: This Practice Note has been archived and is not maintained. The UK transport sector covers a wide range of transport modes and related infrastructure including roads, tunnels and bridges, buses, heavy and light railways, aviation, and shipping. This Practice Note draws on several of these sub-sectors to highlight some key considerations for those contemplating the procurement of a transport project. Planning and procurement issues also need to be considered and are dealt with separately in our Practice Notes: • Transport project procurement—planning law considerations [Archived] • Transport project procurement—procurement law considerations [Archived] Project appraisal and scoping At the outset, correct appraisal and scoping of the project is crucial. This should include assessments of: • technical, legal and commercial viability • deliverability • affordability • value for money • ability to meet planning and environmental requirements Other factors to be assessed at an early stage include the correct treatment of the project for government accounting purposes and the procurement strategy. A large amount of guidance has been published

This Deed is made on [insert date] day of [insert month] 20[insert year] Parties 1 [insert name of Sub-contractor] (Company Number [insert company number]) whose registered office is at [insert address] (the ‘Sub-Contractor’); [and] 2 [insert name of Beneficiary] (Company Number [insert company number] ) whose registered office is at [insert address] (the ‘Beneficiary’ which expression shall include successors in title and any permitted assignee)[; and OR .] 3 [[insert name of Contractor] (Company Number [insert company number]) whose registered office is at [insert address] (the ‘Contractor’)] Whereas (A) [[[insert Employer’s name]] (Company Registration Number [insert number]) whose registered office is at [insert address]) (the ‘Employer') OR The ‘Beneficiary’] has entered into a building contract dated [insert date] with [[where the Contractor is not a party to the warranty, insert name of Contractor] (Company Registration Number [insert number]) whose registered office is at [insert address] (the ‘Contractor’) OR the Contractor ] (the ‘Building Contract’) relating to the [design and ]construction of certain works as defined under the Building Contract (the ‘Works’) in connection with the development known as [insert name]

STOP PRESS: With effect from 1 January 2027, section 25 of the Employment Rights Act 2025 (ERA 2025) amends the qualifying period for ordinary unfair dismissal set out in section 108 of the Employment Rights Act 1996 (ERA 1996) from two years to six months, and removes the cap on the compensatory award in ERA 1996, s 124. Transitional provisions are set out in the Employment Rights Act 2025 (Commencement No 4 and Transitional and Saving Provisions) Regulations 2026, SI 2026/559. For information on the implications of the reduction in the unfair dismissal qualifying period for probationary periods, see Practice Note: Probationary periods. This Practice Note will be reviewed shortly. This playbook provides guidance for drafting and negotiating an executive service agreement for a director or senior employee. This playbook includes a preferred position and a fallback position for the most commonly-negotiated clauses. It may not, however, address every issue that may arise in the negotiation of a particular executive service agreement. This playbook template can be used by lawyers acting for the employer or in-house

The Corporate Insolvency and Governance Act 2020 (CIGA 2020) inserted section 233B into the Insolvency Act 1986 (IA 1986) as part of a package of measures intended, among other things, to mitigate the economic impact of the coronavirus (COVID-19) pandemic. The first point to note is that IA 1986, s 233B only applies where a company becomes subject to a relevant insolvency procedure (as defined in IA 1986, s 233B(2)). It therefore follows that there would be no impact upon a parent company guarantee if that guarantee is triggered by, for example, the customer being unable to pay its debts in circumstances where the customer has not (yet) entered any of the insolvency procedures specifically referred to in IA 1986, s 233B(2). This will always be a fact-sensitive

Reference under section 11 of the Employment Rights Act 1996 [Insert in para 8.2 of claim form ET1:] 1 The Claimant commenced employment with the Respondent on [insert date] [as a [insert role]]. [The Respondent is a [insert brief description of the business of the Respondent]]. 2 [The Respondent has not given the Claimant [any written statement of employment particulars as it was required to do under section 1 of the Employment Rights Act 1996 OR a written statement of employment particulars that complies with section 1 of the Employment Rights Act 1996 because

Employment analysis: The duty of fidelity or good faith does not include a duty on an employee to disclose truthfully an intention to compete lawfully in future, according to the High Court.

Dear [insert name of authorised recipient on behalf of counterparty], [Insert name of agreement]: [insert client name] and [insert counter-party name] 1 [As you are aware, we OR We act] for [insert client name] (our client). 2 Our client and [insert counter-party name] ([insert short name]) are parties to a [insert agreement name] dated [insert date] (Agreement). 3 We

For guidance on deductions from wages generally, see Practice Note: Deductions from wages. An employer may not make a deduction from the wages of any worker employed by the employer, or receive a payment from such a worker, unless: • it is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker's contract, or • the worker has previously signified in writing their agreement or consent to the making of it Provided one of the statutory conditions is met, section 13 of the Employment Rights Act 1996 places no limit on the amount an employer can deduct and contains no requirement that a deduction has to be either

This Practice Note contains searchable quick links to PDF copies of the JCT 2024 standard form contracts. Design and Build • JCT Design and Build Contract 2024 • JCT Design and Build Contract Guide 2024 • JCT Design and Build Sub-Contract Guide 2024 • JCT Design and Build Sub-Contract Agreement 2024 • JCT Design and Build Sub-Contract Conditions 2024 • JCT Design and Build Contract 2024—Contract Administration Model Forms Standard • JCT Standard Building Contract With Quantities 2024 • JCT Standard Building Contract Without Quantities 2024 • JCT Standard Building Contract With Approximate Quantities 2024 • JCT Standard Building Contract Guide 2024 • JCT Standard Building Sub-Contract Agreement 2024 • JCT Standard Building Sub-Contract Conditions 2024 • JCT Standard Building Sub-Contract with sub-contractor’s design Agreement 2024 • JCT Standard Building Sub-Contract with sub-contractor’s design Conditions 2024 • JCT Standard Building Sub-Contract Guide 2024 • JCT SBC 2024 Admin—Contract Administration Model Forms Intermediate • JCT Intermediate Building Contract 2024

This Practice Note provides an outline of the restrictions and other express terms that are typically included in a contract of employment to protect the interests of the employer and which apply during, rather than after, employment: restrictions on other business activities, preparing for competitive activity, and disclosure of confidential information during employment. The Practice Note also considers additional express terms that an employer may wish to include in the contract of employment: duty to act in the best interests of the employer, disclosure of breach by employee/others, approaches by other employers, and intention to resign. Finally, it outlines the enforceability of such restrictions. An employee will be under certain implied duties during employment. These will vary depending on the seniority of the employee and whether they are subject to a duty of fidelity or a more onerous fiduciary duty (see Practice Note: The duty of fidelity and fiduciary duties). However, the uncertain scope of these implied duties means that some employers choose to include in their contractual documentation express terms which restrict

Note that additional commentary on the issues discussed in this Practice Note in the context of the regulation, consenting and incentivisation of the net zero energy transition is available in the following textbook that we have published: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition.  What is the background to the CfD regime? Contracts for Difference are a key strand of the government’s Electricity Market Reform (EMR) programme introduced in 2013. EMR was developed by the UK government to promote investment in secure forms of capacity and affordable low carbon energy generation. The key mechanisms implemented through the EMR reforms include: • the Contracts for Difference (CfD) regime, which is the subject matter of this Practice Note and takes the form of a contract providing owners of new build low carbon generation projects with a long-term stable income stream in respect of the electricity they generate when their plant is in operation • the Capacity Market (CM) regime, which provides