1 Definitions In this Schedule: 1.1 'Approved Criteria' means the criteria set out in paragraph 4 (Letting terms) below; 1.2 'Approved Letting' means a letting of Vacant Floor Area approved in writing by the Buyer; 1.3 'the Cut Off Date' means a date [insert number] years after the Completion Date; 1.4 'the Minimum Net Annual Rent means £[insert net amount] per year; 1.5 'the Net Annual Rent' means the yearly rent or aggregate of the yearly rent reserved and made payable under Approved Lettings (or any amount payable in lieu of such rent pursuant to any agreement or undertaking for an Approved Letting) disregarding: 1.5.1 [any rent-free or rent-reduced periods (except to the extent that such periods fall after the Cut Off Date) and assuming instead that the yearly rent payable on the expiry of such period was also payable throughout such periods;] 1.5.2 any sum by way of service

The Privy Council has concluded that an estoppel by deed may arise where the parties to the deed included a recital of a fact known by both of them at the time to be untrue, thus estopping one of them from subsequently seeking to controvert the agreed statement in an action on the deed.

Lord Justice Jackson has set out four principles on the parol evidence rule and admissibility of extrinsic evidence where issues of identity of contracting parties are involved. The case also provides an illustration of when the Court of Appeal will refuse to admit fresh evidence on an appeal, following the criteria in Ladd v Marshall and that of CPR 52.11, and with reference to issues of fairness and proportionality under the amended CPR 1.1.

This Q&A assumes that the overseas entity became the registered proprietor of a freehold or leasehold estate before the Economic Crime (Transparency and Enforcement) Act 2022 (EC(TE)A 2022) came into force on 1 August 2022 but not pursuant to an application for registration made before 1 January 1999. EC(TE)A 2022, Sch 3, para 6 requires HM Land Registry to impose a restriction on a registered freehold or leasehold title where an overseas entity is the registered proprietor and became the registered proprietor before EC(TE)A 2022

Outsourcing agreements usually run for long periods of time and, as a result, it is common for the parties to agree mechanisms through which the supplier’s charges can be varied. Depending on the nature of the transaction, these mechanisms can be simple, such as an annual increase based on an agreed measure of inflation, or they can be complex, such as a variation method based on the volumes that the supplier processes. An agreement will often contain a combination of charge variation mechanisms, each addressing a different underlying issue or type of underlying cost. This response is limited to the following methods of price adjustment in outsourcing, each of which is to some degree intended to address changes in the supplier’s underlying costs: • indexation • post-contract verification • cost-plus pricing • change control These and related issues are considered in more detail, in Practice Note: Charging models in outsourcing. Indexation In some outsourcing situations, it may be appropriate to provide for the charges to be increased

This week's edition of Construction weekly highlights includes an announcement from the Joint Contracts Tribunal (JCT) of the release date for its 2024 Intermediate Building Contract family, publication of a new Building Regulations Principal Designer Professional Services Contract by the Royal Institute of British Architects (RIBA), an update from the Royal Institute of Chartered Surveyors (RICS) on the suspension of work on over 50 buildings, a case in which the Court of Appeal considered circumstances in which an order for parties on the same side of a dispute to share a single joint expert may be appropriate (Stellantis Auto SAS v Autoliv AB), and new guidance published by the Cabinet Office on the Procurement Act 2023 (PA 2023).

Company number: [insert number] [insert company name] limited (the Company) PURCHASE OF OWN SHARES OUT OF CAPITAL DIRECTORS’ STATEMENT MADE UNDER SECTION 714 OF THE COMPANIES ACT 2006 (CA 2006) The Company proposes to purchase [insert number] [insert class] shares of [insert nominal value] each in the capital of the Company from [insert name of seller(s)] (the Seller[s]) pursuant to the terms of the [draft] contract [dated [insert date]] between the Company and the Seller[s]. There is to be a payment out of

Construction analysis: On 21 August 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Standard Building Contract (SBC) suite. The suite includes 2024 editions of the Standard Building Contract With Quantities, Standard Building Contract Without Quantities, Standard Building Contract With Approximate Quantities, Standard Building Sub-Contract Agreement and Conditions, and Standard Building Sub-Contract with sub-contractor’s design Agreement and Conditions, together with their associated guides and Contract Model Administration Forms. In this analysis, we consider how these contracts differ from their 2016 equivalents, and the extent to which the changes are consistent with those made to the other JCT 2024 forms released this year.

The London Maritime Arbitrators Association (LMAA) has a model arbitration clause and a notice clause, to be used in conjunction with it. They are as follows: ‘This Contract shall be governed by and construed in accordance with English law and any dispute arising out of or in connection with this Contract shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this Clause. The seat of the arbitration shall

1 Definitions and interpretation 1.1 In these Conditions the following definitions apply: Adequate Procedures • shall be construed in accordance with BA 2010 and guidance published under it; Affiliate • means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity; Applicable Law • means all applicable laws, legislation, statutory instruments, regulations and governmental guidance having binding force whether local or national[ or international in any relevant jurisdiction]; Associated Person • means all or any of the following: (a) the officers, employees, agents, subcontractors, subsidiaries and persons Associated With a party (Associates); and (b) persons Associated With any of the Associates, in each case involved in performing services for or on behalf of that party and/or the Contract; Associated With • when used in: (a) clause 10 and in relation to bribery matters, shall be construed in accordance with BA 2010 and guidance published under it; (b) clause 12 and in relation to tax evasion facilitation, shall be construed in accordance with Part 3 of CFA 2017 and guidance published under it; (c) clause 13 and in relation to fraud, shall be construed in accordance with Part 5 of ECCTA 2023 and guidance published

[Alternative clause for inclusion in sale contract] 1 Registration 1.1 The Buyer must: 1.1.1 apply to HM Land Registry to be registered as proprietor of the Property as soon as reasonably practicable; and 1.1.2 promptly deal with any requisitions raised by HM Land Registry in respect of that application; and 1.1.3 within [number] working days after completion of that application provide the Seller with official

This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) enforced an adjudicator’s decision that a contractor had breached its duties under a construction contract and was liable under the Defective Premises Act 1972 (BDW v Ardmore), commentary on King’s College London (KCL)’s third report on construction adjudication in the UK, a case where the TCC dismissed a claim for damages for professional negligence by a property developer against a consultant engineer after finding that the engineer had failed to act with reasonable skill and care (Darcliffe v Glanville), a case where the TCC ruled that a postponement of works did not amount to a breach of contract (Grain v Shepherd), changes to the Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025, and the announcement by the Department for Energy Security and Net Zero (DESNZ) of a new Clean Power Action Plan aimed at achieving clean power in the UK by 2030.