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Q&As
The Landlord and Tenant Act 1987 (LTA 1987) applies where a landlord wishes to make a relevant disposal affecting a building where at least one half of it is residential in nature. A relevant disposal is the disposal by the landlord of any estate or interest (whether legal or equitable) in any such premises, including the disposal of any such estate or interest in any common parts of any such premises. Where LTA 1987 applies, the landlord must first serve notice on the tenants giving them the right to acquire
PRACTICE NOTES
This Practice Note identifies key considerations within the NEC3 and NEC4 contracts, looks at how the NEC suite differs from other standard forms and considers how users can address issues which may be of concern to the employer or contractor. It focuses on the provisions of the NEC4/NEC3 Engineering and Construction Contract (ECC), but similar provisions are found across the suite. This Practice Note covers both the NEC3 and NEC4 editions of the ECC. For consistency, the term ‘Client’ is used throughout this Practice Note as this is the term used for the developer/employer in the NEC4 ECC (the NEC3 ECC uses the term ‘Employer’). The term ‘Scope’ is used throughout this Practice Note as per the NEC4 ECC to describe the document that specifies and describes the works which the Contractor is to carry out (in the NEC3 ECC the term ‘Works Information’ is used). For a glossary of NEC terms, see Practice Note: NEC contracts—glossary. Where no distinction is made between clause numbers, the clause numbers throughout this Practice Note refer to both the NEC3 and NEC4
PRACTICE NOTES
Under an agreement for lease which contains development obligations, the tenant’s obligation to take the occupational lease only arises once the developer’s works have been completed and are fit to be taken over by the tenant. This will occur when the works are certified as being ‘practically complete’. Practical completion under the building contract may have the same meaning as practical completion for the purposes of the agreement for lease, but there may be additional requirements for practical completion under the agreement for lease, as explained in this Practice Note. Note that the term ‘completion’ will often be used under an agreement for lease and this should be distinguished from the term ‘practical completion’ of the construction works under a building contract which construction lawyers will be familiar with. Completion under an agreement for lease generally refers to completion of the lease itself. Completion of (or entering into) the lease may happen at a different time to practical completion of the construction works. When does practical completion occur? There is no standard industry definition
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It considers the impact of Brexit on contractual commercial clauses in advance of IP completion day. For information on the impact of IP completion day on commercial clauses, see Practice Note: What does IP completion day mean for contract clauses? The UK’s withdrawal from the EU on exit day, the implementation period and the period beyond have a number of implications for the drafting, negotiation and enforcement of contracts governed by English law. This Practice Note considers the impact that Brexit may have on business-to-business (B2B) commercial contract clauses specifically. In particular, this Practice Note looks at how Brexit may affect, change or bring about a requirement for: • warranty clause • hardship clause • force majeure clause • business continuity clause • price variation clause For the impact that Brexit may have on the drafting, negotiation and enforcement of B2B boilerplate clauses, see Practice Note: Brexit—drafting boilerplate clauses [Archived]. For the purpose of this Practice Note, unless expressly indicated otherwise, all references to: • ‘exit
Q&As
A contract can be concluded (and subsequently varied) verbally or by conduct. In circumstances where there is no written contract between two parties, terms may have to be implied into the contract (or its purported variation) by statute or trade and custom. For more on implied terms see: Practice Note: Contract interpretation—express terms in contracts which explains how terms can be implied into a contract by fact, law or custom. It will be necessary to consider whether in the circumstances of this particular haulier/customer relationship there are any terms which can be implied into the contract as to: prices, the regularity of price reviews and the methods that the parties may use to notify the other of price variation (or any other contract variation for that matter). Our Practice Note: Contract variation explains that a contract can be varied by conduct. So, for example, if one party receives an email from the other party advising that the
PRACTICE NOTES
This Practice Note provides a link to our template replies to the various sets of Commercial Property Standard Enquiries (commonly referred to as the CPSEs or, individually, CPSE1, CPSE2, CPSE3, CPSE4, CPSE5, CPSE6 and CPSE 7). The CPSEs are industry-standard pre-contract enquiries for commercial property transactions and the seller is responsible for answering them. These template replies provide a framework of possible responses and are designed to make the seller’s task of answering them easier and more efficient. Template replies to CPSEs 1 to 7 The Commercial Property Standard Enquiries (CPSEs) are a suite of documents prepared by members of the London Property Support Lawyers Group (LPSLG) and
PRACTICE NOTES
This Practice Note considers the standard of care expected of solicitors and barristers in the context of professional negligence claims (in contract and tort) which may be brought against them. It takes as its starting point the generic principles on the standard of care of all professionals, as set out in Practice Note: Standard of care in professional negligence claims and then considers some of the more specific examples relevant to the legal industry. Note, as set out in the above Practice Note: Standard of care in professional negligence claims, the support of a responsible body of professional opinion does not, however, often apply to claims against solicitors and barristers. This may be explained by the fact that judges feel able to take their own view on matters of legal practice (Edward Wong Finance v Johnson Stokes, Patel v Daybells). Solicitors and barristers—expected standard of care (general principles and illustrative examples) The standard expected of solicitors and barristers is that of ‘reasonable skill and care’ per Bolam v Friern Hospital. That
CHECKLISTS
This Checklist is designed to help a business decide whether it should be using its standard form terms and conditions for a particular transaction, or whether it is more appropriate to use a bespoke contract. This Checklist is designed to be attached to the front of the business’ standard terms document as a prompt to consider the issues before they are selected for use. It is appropriate for business-to-business (B2B) transactions only. Standard form terms and conditions should be used to make a business more efficient, but they are not appropriate for all contracts. It is important that a business
PRACTICE NOTES
A typical project is underpinned by a complex web of contractual relationships between the parties involved in the project, eg the project company, equity investors, contractors, sub-contractors, off-takers and suppliers (see Practice Note: Project finance—key project parties). The documents governing these relationships are generally referred to as the 'project documents'. For more information on project documents generally, see: Project documents: issues for lenders—overview. In many projects, a concession contract is one of the principal project documents. A concession contract governs the relationship between the host government (or governmental authority) and the project company. What are 'concessions' in the context of project finance transactions? Many projects involve some sort of collaboration between the private sector and the public sector. Depending on the structure of the project, the private sector may take responsibility for scoping, designing, financing, constructing and/or operating a project. Often, though, the government in the country where the project is located (the 'host government') will also have to, or want to, be involved in the project to some extent. Typically,
PRACTICE NOTES
This Practice Note examines variations under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. For detail on variations under the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—variations. Introduction Under all the FIDIC forms of contract the employer is entitled to vary the works by the issue of variations at any time before the issue of the Taking-Over Certificate (the Commissioning Certificate under the Gold Book) without the need for the contractor's agreement. However, the issue of a variation may entitle the contractor to additional payment and extra time within which the contractor must complete the works as varied. Under all the FIDIC forms of contract, variations are primarily governed by clauses 13.1 to 13.3, which set out the right to vary the works and the procedure to be followed. What is a variation? A variation is defined as: • 'any change to the Works, which is instructed or approved as a variation under Clause 13' (under the Red and
PRACTICE NOTES
CASE HUB ARCHIVED—this case hub reflects the position at the date of the decision of 19 June 2025; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the completed acquisition by GXO Logistics, Inc. of Wincanton plc. The transaction involves horizontal overlaps in relation to the supply of mainstream contract logistic services. Latest developments On 19 June 2025, the CMA issued its final report finding that the transaction may be expected to result in an SLC in the markets for the supply of dedicated warehousing services to grocery customers in the UK. As a result, the CMA has decided that only a divestment encompassing Wincanton plc’s dedicated grocery warehousing business to a suitable purchaser would be the most effective remedy to address the SLC that the CMA has identified. Parties • GXO Logistics, Inc. (GXO): GXO is a US company headquartered in Greenwich, Connecticut. It is a contract logistics company that manages outsourced supply chains and warehousing, and reverse logistics to various customers.• Wincanton plc (Wincanton):
Q&As
For information on employees and workers on zero hours contracts generally, see Practice Note: Zero hours contracts. A zero hours worker may, depending on the circumstances, have protection: • from prohibited conduct under the Equality Act 2010 (if they have a protected characteristic) • from less favourable treatment as a part-time worker See Practice Note: Zero hours contracts—Discrimination protection (including part-time worker status). If an individual on a zero hours contract is an employee, they will have the right not to be unfairly dismissed, and to a statutory redundancy payment. See Practice Notes: • Entitlement to claim unfair dismissal • Entitlement to statutory redundancy payment Redundancy is a potentially fair statutory reason for dismissal. However, as with other potentially fair reasons, the fairness of a redundancy dismissal is to be determined by the test of whether an employer's decision to dismiss for that reason falls within the range of reasonable responses of a reasonable employer in those circumstances and in that line of business. Failure to follow a fair