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GLOSSARY
Is the process where lenders have the right to demand the immediate repayment of all outstanding debt as a result of an event of default.
PRECEDENTS
Date [insert date of Agreement] Parties 1 [insert name of Employer] of [insert address] incorporated in England and Wales with company registration number [insert company registration number] (the 'Employer') 2 [insert name of Contractor] of [insert address] incorporated in England and Wales with company registration number [insert company registration number] (the 'Contractor') Whereas (A) The Employer has entered into a contract with the Contractor for the[ design and] construction of a [insert brief description of the project] at [insert location of site] (the 'Building Contract'). (B) [There has been a delay to the progress of the works under the Building Contract OR The Employer has increased the scope of works under the Building Contract OR The Employer wishes to shorten the period for the completion of the works]. (C) The parties have agreed to accelerate the progress of the works in accordance with the terms of this Agreement. IT IS HEREBY AGREED as follows 1 Definitions and interpretation 1.1 In this Agreement the following expressions shall have the following meanings: Accelerated Completion Date • means [revised (accelerated) completion date]. Acceleration Payment
PRACTICE NOTES
What is acceleration? Acceleration in construction law is generally understood to mean taking measures to speed up the works in order to complete them earlier than would otherwise be the case. However, there is no legal definition of acceleration. In Ascon v Alfred McAlpine, the court observed: ‘“Acceleration” tends to be bandied about as if it were a term of art with a precise technical meaning, but I have found nothing to persuade me that that is the case. The root concept behind the metaphor is no doubt that of increasing speed and therefore, in the context of a construction contract, of finishing earlier. On that basis “accelerative measures” are steps taken, it is assumed at an increased expense, with a view to achieving that end.’ The Society of Construction Law Delay and Disruption Protocol (SCL Protocol) describes acceleration as: ‘The application of additional resources or alternative construction sequences or methodologies seeking to achieve the planned scope of work in a shorter time than planned or execution of additional scope of work within the original planned
PRACTICE NOTES
This Practice Note sets out certain key cases and associated relevant content in relation to acceleration of debt and enforcement of security. The cases are divided by topic area and include: • Cases on the process leading to acceleration and enforcement • Cases relating to demands and events of default • Cases relating to duties of mortgagee on enforcement by sale • Cases relating to duties of mortgagee in possession • Cases relating to Financial Collateral Arrangements (No 2) Regulations 2003 Cases on the process leading to acceleration and enforcement Names of parties Judgment date Case summary Relevant content Miller v Cook (1870) L. R. 10 Eq. 641 13 July 1870 This case is authority for the fundamental point that security should not be enforced in an oppressive manner and that consequently notice of enforcement and the exercise of remedies by the security holder is almost always require, eg by making demand and raising the power of sale. See Practice Notes: Enforcement—debentures and floating charges and Enforcement—fixed charges Bank
GLOSSARY
An acceleration statement is a statement in which an offeror brings forward the latest date by which all of the conditions to the offer must be satisfied or waived.
PRECEDENTS
This Contract is made on the [date] Parties 1 Between[name and address of lead agency/agencies] 2 And [name of individual and address] 3 [name of individual]agrees the following in respect of future conduct– ARCHIVED: This Precedent has been archived and is not maintained. Personal behaviour 1 I will not deliberately damage any property in or around [specify area]. 2 I will not write graffiti in or around [specify area]. 3 I will not throw anything, including stones, at residents or passers-by in or around the estate. 4 I will not swear at, threaten or verbally abuse residents or passers-by on the estate.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Anti-social behaviour (ASB) ASB is a broad term used to describe day-to-day incidents of crime, nuisance, disturbance, annoyance and disorder. ASB includes behaviour such as littering, vandalism, noise nuisance, loud music, aggressive dogs and abusive neighbours. Local authorities may be required to deal with ASB in both a housing and non-housing context. In a housing context, a landlord may be required to deal with ASB between neighbours and members of their households or involving uninvited visitors to estates. In a non-housing context, ASB may include street drinking, gangs of youths and prostitution. Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) received Royal Assent on 13 March 2014. It has reformed the tools available for dealing with ASB. The aim was to consolidate remedies and to make the process simpler and more effective. In July 2014, the government issued statutory guidance ‘Anti-social behaviour powers:
GLOSSARY
Tests undertaken to see if the facility (or other project asset) meets the standards required for the Authority to accept the facility as complete.
GLOSSARY
A condition to an offer as to the minimum level of acceptances of an offer below which the offeror may decline to proceed with the offer. Rule 10.1 requires any offer for voting equity share capital or for other transferable securities carrying voting rights to include an acceptance condition that is not capable of being satisfied unless the offeror has acquired or agreed to acquire (either pursuant to the offer or otherwise) shares carrying over 50% of the voting rights. Rule 9.3 requires that a mandatory offer must be conditional only on acceptances being received which, together with shares acquired (or agreed to be acquired) before or during the offer, will result in the offeror and its concert parties holding shares carrying more than 50% of the voting rights in the offeree.
GLOSSARY
A notice published by an offeror in accordance with Rule 31.6 of the Code of its intention to invoke the acceptance condition so as to cause the offer to lapse on a date which is: • on or after Day 21, and • earlier than the unconditional date
PRACTICE NOTES
The Acceptance in Lieu (AiL) scheme allows those who are liable to UK inheritance tax (IHT) to apply to settle the tax by offering heritage property in full or part payment of the IHT liability. The property must be pre-eminent for their national, scientific, historic or artistic interest and HMRC and the Secretary of State must agree to the application. As with other heritage property reliefs, the aim of the AiL scheme is to ensure that pre-eminent heritage assets are retained in the UK for the public benefit rather than sold to private dealers and/or moved out of the country. What property may qualify for the AiL scheme In common with the conditional exemption from IHT, the AiL scheme requires the heritage property to qualify and be designated as pre-eminent or otherwise be accepted by HMRC as qualifying for the scheme. Any of the following property may be accepted by HMRC in satisfaction of the whole or part of an IHT liability: • any land (including any buildings on the land) as agreed with
CHECKLISTS
This Checklist on accepting Part 36 offers summarises the key factors to consider when accepting a Part 36 offer and the subsequent steps that may arise following acceptance, including enforcing the Part 36 offer. For the purposes of this checklist, it is assumed that the offer was made with reference to CPR 36.1 to CPR 36.17 and is not being made in a claim to which CPR 36.18 onwards applies (ie personal injury and RTA protocol and EL/PL protocol offers to settle). Note, this Checklist does not cover the specific Part 36 provisions which apply only to fixed costs cases. For further information on the Part 36 consequences for fixed costs cases that are issued on or after 1 October 2023, see Practice Note: Part 36 offers—fixed costs (position on or after 1 October 2023). Consideration Guidance Further information Pre-acceptance Validity of Part 36 offer When considering whether or not to accept a Part 36 offer, it is important to check whether or not the offer is a valid Part 36 offer which will