Refine By
Clear all filter
About 7129 results for "contract"
CHECKLISTS
This Checklist sets out the information required to be included in a notice to be sent to the UK central digital platform to comply the transparency requirements mandated by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, regs 7(2), 8(2), 18(6)(a) and Sch 2, following a direct award of a health care contract using Direct Award Process A or B, or following an
PRACTICE NOTES
The Acas Code of Practice on disciplinary and grievance procedures (Acas Code) sets out minimum standards of reasonable behaviour for dealing with disciplinary and grievance situations in the workplace, and places obligations on both employees and employers to comply with its provisions. It is a statutory code (see: Key principles of the Acas Code below) that has an impact on a broad range of employment claims, and failure to follow the Acas Code can be taken into account when it comes to determining liability, and may have an impact on the award of compensation, in relevant cases. The non-statutory Acas guide on discipline and grievances at work (Acas guide) complements the Acas Code and provides good practice advice for dealing with discipline and grievances in the workplace. In the event of uncertainty regarding the interpretation of the Code, the Acas guide may be considered by tribunals. For further information, see Guidance to the Acas Code, below. This Practice Note explains the application of the Acas Code in employment tribunal proceedings, and its impact on outcome and
FLOWCHARTS
This Procurement process flowchart shows the order in which a procurement may take place, together with the elements to be considered to ensure that a transparent and suitable procurement process is followed. It also identifies Precedents available to assist you with the procurement process. This Flowchart is a worked example and is not intended to be definitive. Different organisations may well have very different processes, but it provides a good starting or reference point. The contract value figures have been included for illustrative purposes only. See also Practice
CHECKLISTS
This Checklist is for use on the acquisition of leasehold property where there are, or may be, rent arrears under the lease. It is essential to check the replies to pre-contract enquiries and ensure the seller has confirmed that there are no arrears. This should be reconfirmed as part of the pre-completion requisitions on title. There are significant consequences for the buyer if it acquires a property with rent arrears. See Practice Notes: Commercial Property Standard Enquiries—CPSE and Residential property—standard forms of enquiries for use in residential conveyancing transactions. What are the consequences for the buyer if there are arrears? Non-payment of rent before the date of assignment
PRACTICE NOTES
The role of documentary evidence In any civil dispute, contemporary evidence is at the foundation of a party’s case. Documents will, in most cases, provide the principal and most reliable form of such evidence. The position is no different in relation to construction disputes. The volumes and types of documents that may be available in relation to construction disputes may be large and varied. Construction contracts themselves can be substantial, and typically contain prescriptive regimes for the issue of notices, certificates and other information throughout the project lifecycle. Beyond the contract, the complexity and duration of projects, the involvement of multiple parties, and the regulatory requirements to which construction works are subject, all contribute to the production of documents and correspondence. If properly maintained and used, this documentation will be valuable when disputes arise. While parties will often rely upon expert and factual witness evidence, such evidence will generally not substitute contemporaneous documentary records. First, construction disputes often involve matters of technical and factual complexity, which may not be appropriate for witness of fact evidence. Second, the duration
PRECEDENTS
• ‘All disputes arising out of or in connection with this Contract or concerning its validity shall be finally settled by arbitration in accordance with the Arbitration Rules of the German Maritime Arbitration Association’.
PRACTICE NOTES
These drafting notes are to be used to complete claim form N5B Wales where a private landlord of a residential property (dwelling) situated in Wales has served notice to terminate a standard occupation contract and intends to recover possession using the accelerated possession process. For further guidance on occupation contracts granted under the Renting Homes (Wales) Act 2016 (RH(W)A 2016), see Practice Notes: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession and Renting Homes (Wales) Act 2016—a summary of the key provisions. How to use these drafting notes Form N5B Wales should be used to make a claim for possession of a residential property in Wales let on a standard occupation contract using the accelerated possession procedure. These drafting notes are for use in completing Form N5B Wales only. For details of the standard possession procedure in respect of a dwelling in Wales, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession — Possession proceedings—CPR 55. There are separate claim forms for obtaining
PRACTICE NOTES
This Practice Note considers the Contractor’s obligations in relation to time under the NEC Engineering and Construction Contract (ECC). It looks at commencement of work, the obligation to proceed regularly and diligently, the Contractor’s programme, events entitling the Contractor to an extension of time (known as Compensation Events), acceleration, and the obligation to complete by the Completion Date (including liability for liquidated damages for delay). It refers to clauses in the NEC4 ECC, but comparable provisions are found within the NEC3 and other NEC contracts. The Contractor’s key obligations in relation to time (as set out in clauses 20.1, 30.1 and 30.3) are to: • Provide the Works in accordance with the Scope • do the work so that Completion is on or before the Completion Date • (where Key Dates are being used) do the work so that the Condition stated for each Key Date is met by the Key Date The contract does not however include a specific obligation on the Contractor to proceed regularly and diligently with the works—although this is often added as a bespoke
PRACTICE NOTES
Pension schemes and their sponsoring employers are faced with a number of risks in relation to their defined benefit pension schemes, a significant one of which is that of paying for increasing life expectancy. More traditional methods of hedging pension scheme risk, such as buy-outs or buy-ins, have for some time been joined with de-risking solutions based on a ‘swap’ contract. A ‘swap’ is generically used to describe a contract under which the parties exchange a series of cashflows linked to some underlying asset or other variable. For further information on buy-outs and buy-ins, see Practice Note: De-risking—pension buy-outs and buy-ins. What is a longevity swap? A longevity swap is one way for a pension scheme to hedge the risk that members live longer than expected. This is now likely to be by way of insurance policy (although initial transactions were carried out by way of derivative). Longevity swap contracts operate by requiring the pension scheme trustees to make pre-determined regular payments (typically monthly or quarterly) to the swap provider for
PRACTICE NOTES
This Practice Note considers potential legal liability on the part of the mediator for breaching their obligations to the parties to the mediation. It also sets out what, if any, codes of conduct will apply to the mediator and considers the mediator’s role throughout the mediation process including the drawing up of any settlement agreement. The mediator is a vital part of the mediation process. If the mediation is to be successful, the parties must trust their mediator and have confidence in their abilities. For information on selecting a mediator, see Practice Note: Choosing a mediator. Basis of mediator liability—contract and/or negligence In most cases, the mediator will have signed a mediation agreement and so will be potentially liable to the parties to the agreement if they breach that agreement, subject to any limitations in the contract. For example, the mediation is likely to contain confidentiality provisions and the mediator could be liable if they breach those. For information on drafting the mediation agreement, see Practice Note: Organising a mediation. For information on limitation
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. 11 pm (GMT) on 31 December 2020 marked the end of the implementation period put in place to enable the UK to transition away from the EU’s laws and institutions. At this point in time (referred to in this document as ‘IP completion day’) there was an immediate and significant change in the UK’s legal regime. This Practice Note explains the implications of this change in relation to the following areas of Commercial law and practice: • Overview—what happened on 31 December 2020 • Commercial law implications of the EU-UK Trade and Cooperation Agreement • Advertising • Agency • Confidential information • Consumer protection • Contract clauses • Contract breach and remedies • Contractual joint ventures • Data protection • Distribution • E-commerce • Franchising • Intellectual property • Sale and supply of goods • Standard terms and conditions • Supplier management • Supply of services For a tracker of key Commercial Brexit legislation and guidance, see Practice Note: Commercial—Brexit tracker. Overview—what
PRACTICE NOTES
This Practice Note examines the circumstances in which a construction contract might entitle a contractor to claim additional time in which to complete the works (known as an 'extension of time' or 'EOT'), and the importance of contractual procedures in this regard. A construction contract will, ordinarily, specify the date by which practical completion of the works must be achieved (see Practice Note: What is practical completion?). This is typically referred to as the 'completion date' (or something similar). However, during the course of a construction project, it is common for events to occur which delay (or threaten to delay) the progress of the works, affecting the critical path (see Q&A: What is the critical path?) and having an impact on the contractor’s ability to complete the works by the completion date. These are often referred to as 'delay events'. An extension of time allows the contractor to complete its works within a set period after the original contractual completion date, without becoming liable to pay the employer liquidated damages (or, where there is no provision