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Q&As
This Q&A raises the scope of the Landlord and Tenant Act 1987 (LTA 1987), in the particular regarding a freeholder who owns more than one building. The Act effectively gives tenants holding residential flats under long leases a right of first refusal when the freeholder wishes to dispose of an interest in the premises in which they are contained. See Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987, for more information. The
Q&As
What are the rules/grounds for modification under Public Contracts Regulations 2015? There are specific rules relating to modification and termination of public contracts under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015, SI 2015/102). PCR 2015, SI 2015/102, reg 72 sets out clear rules in relation to modification of public contracts and establishes permissible grounds for modification and these are stated at PCR 2015, SI 2015/102, reg 72(1)(b)–(f). Modifications which fall outside these permissible grounds will require a new procurement procedure in accordance with PCR 2015, SI 2015/102. What are the relevant permissible grounds for modification of a public contract under PCR 2015 that require a modification notice to be published? As stated above, the permissible grounds for modification are set out in PCR 2015, SI 2015/102, reg 72(1)(b)–(f). Under PCR 2015, SI 2015/102, reg 72(3) contracting authorities which have modified a contract under the permissible grounds described in PCR 2015, SI 2015/102,
NEWS
Law 360: A court ruled on 12 September 2019 that Cynergy Bank Ltd does not have to pay interest on a £30m ($37m) loan it took out with Cyprus-based Lamesa Investments Ltd while US sanctions targeting the company's ultimate Russian owner remain in place.
PRECEDENTS
1 Definitions Business the [insert number ] [star] hotel business operated by the Seller at the Property providing for [accommodation type] [sale food and beverage] [weddings] [conference
NEWS
This week's edition of Construction weekly highlights includes the release of the 2024 editions of the Joint Contracts Tribunal (JCT) Standard Building Contract suite, a case in which the Court of Appeal construed the termination provisions of a JCT Design and Build Contract 2016 (Providence Building Services v Hexagon Housing), analysis of how the law of prescription applies to construction claims in Scots law, a High Court decision concerning a claim for unlawful means conspiracy (Takhar v Gracefield Developments), and publication of the Construction Leadership Council (CLC)’s latest update on activity in the construction sector.
NEWS
This week's edition of Construction weekly highlights includes analysis of the 2024 editions of the Joint Contracts Tribunal (JCT) Design and Build main contract and sub-contract, a case in which the Scottish Sheriff Appeal Court considered whether the contractor was entitled to deduct illiquid sums from interim payments due to the sub-contractor (Realm v ISG), the second set of Procurement Act 2023 (PA 2023) guidance documents, a new digital form for initiating arbitration proceedings released by the Stockholm Chamber of Commerce (SCC), and an announcement from HM Courts and Tribunals Service (HMCTS) that mediation will become compulsory for civil claims with a value less than £10,000.
NEWS
The Joint Contracts Tribunal (JCT) has announced that the 2024 editions of its Major Project Construction Contract (MP), Prime Cost Building Contract (PCC), Constructing Excellence Contract (CE), alongside associated sub-contracts and guides, will be released on 16 October 2024.
PRACTICE NOTES
This Practice Note outlines some of the key considerations when dealing with claims concerning company directors. It addresses the definition of a director, the likely claimant(s) in actions involving directors as well as the potential heads of claim, including breaches of a director’s duties as well as claims in tort, equity and contract. It also sets out a number of practical issues which a litigator should have in mind at the outset of any dispute involving a company director. For summaries of key and/or illustrative cases relevant to claims against directors, see Practice Notes: • Claims against directors—illustrative decisions • Claims against directors—key and illustrative decisions [Archived] What is a director? It is important to be aware that the law recognises three categories of director: • de jure directors—a person who has been formally appointed to the company’s board (see section 250 of the Companies Act 2006 (CA 2006)) • de facto directors—a person who performs the functions of a director, but who has not been formally appointed (CA 2006, s 250)
PRACTICE NOTES
This Practice Note considers service of the claim form where there is an agreed method of service in a contract between the parties for service of court documents. It looks at requirements for service of the claim form under CPR 6.11. For guidance on: • contractually agreed methods of service, see Practice Note: Contractually agreed methods of service • methods of service in the jurisdiction, see Practice Note: Service in England and Wales—a guide for dispute resolution practitioners • methods of service out of the jurisdiction, see Practice Note: Cross-border service—methods of effecting service The claim form—CPR 6.11 requirements CPR 6.11 covers the position where parties have contractually agreed a method of service or a place of service for the claim form. The following must be complied with: Requirement Judgment The claim must be solely in respect of that contract. This requirement was considered in:—Taberna Europe CDO II PLC v Selskabet [2012] EWCA Civ 1701 at para [11] in an application for permission to appeal.
PRACTICE NOTES
Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of. This Practice Note provides an overview of: • the most common orders sought by employment lawyers in Scottish civil courts • the structure of the Scottish civil court system • the jurisdiction and key features of each relevant court • rights of audience • rules of procedure • important points about: ◦ breach of contract claims in Scotland ◦ injunctive (interlocutory) relief in Scotland ◦ dawn raids in Scotland ◦ industrial relations disputes in Scotland ◦ equality of terms claims in Scotland The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of all features and intricacies
PRACTICE NOTES
This Practice Note sets out the requirements and considerations for permitted assignment of claims or causes of action in English civil litigation. For guidance on how to assign a claim or cause of action, with particular consideration as to what should be included in the assignment documentation, see Practice Note: How do I assign a claim or cause of action? Note: in this Practice Note, we refer to the assignment of both causes of action and claims. We define a cause of action as '...a factual situation the existence of which entitles one person to obtain from the court a remedy against another person' (Letang v Cooper) and a claim as the formal assertion of a cause of action by a claimant against a defendant. In the authorities, the phrases 'assigning a cause of action' and 'assigning a claim' are sometimes used interchangeably. For the purposes of this Practice Note, unless the context indicates otherwise, we refer to: • assigning 'causes of action' when considering
NEWS
TMT analysis: Samuel Brewer, John Lee, James Longster and Richard Brown, partners, Sarah Robinson, senior associate, Katie Fry-Paul and Toby Major, associates, Jonathan Gilmour, head of Derivatives & Structured Products and Natalie Lewis, head of Fintech, Market Infrastructure & Payments, all of Travers Smith LLP, consider the current uses and limitations of the smart contract technology in the context of typical commercial contracts, as well as its potential connection to AI.