An insurance policy is a contract and the normal rules of contract formation apply. This means that there must be offer, acceptance, consideration and the intention to create legal relations. For more information about contract formation, see Practice Note: General principles of insurance contract law. With insurance policies, it is generally the case that the contract itself is reduced to writing and therefore any question as to the extent of the policy and its terms should be addressed in the first instance by checking

This document contains searchable quick links to PDF copies of the JCT 2016 standard form contracts. For our full selection of materials on the JCT 2016 contracts, see subtopic: JCT contracts 2016. For schedules of amendments for some of the JCT 2016 contracts listed below, see Practice Note: JCT contracts—Schedules of Amendments. See also: • JCT contracts 2011—reference copies • JCT contracts 2005—reference copies • JCT contracts 1998—reference copies • FIDIC contracts—reference copies • CIOB contracts—reference copies Design and Build • JCT Design and Build Contract (DB) 2016 • JCT Design and Build Contract Guide (DB/G) 2016 • JCT Design and Build Sub-Contract Agreement (DBSub/A) 2016 • JCT Design and Build Sub-Contract Conditions (DBSub/C) 2016 • JCT Design and Build Sub-Contract Guide (DBSub/G) 2016 • JCT Design and Build Contract 2016 – Contract Administration Model Forms Standard • JCT Standard Building Contract With Quantities (SBC/Q) 2016 • JCT Standard Building Contract Without Quantities (SBC/XQ) 2016 • JCT Standard Building Contract With Approximate Quantities (SBC/AQ) 2016 • JCT Standard Building Contract Guide (SBC/G) 2016 • JCT Standard Building Sub-Contract Agreement (SBCSub/A) 2016 • JCT Standard Building Sub-Contract

Coronavirus (COVID-19): the coronavirus pandemic has caused the UK to expedite new insolvency provisions, both of a temporary and permanent nature. For news and guidance as to the implications from a property perspective see: Coronavirus (COVID-19)—implications for property — Property Insolvency. 1 [insert name of relevant party] [(in [administrative receivership [and also in] ] [liquidation OR administration])] of [insert address] [incorporated in England and Wales with company registration number [insert company registration number]] ([insert party definition eg ‘Seller’’]) acting by [any one of] [ insert one of the following: ] [ [If a receiver:] the [joint] [receiver[s] of the Property], [insert name of [first] receiver] of [insert address] [and [insert name of second receiver] of [insert address]] ([Receiver OR Receivers]) OR [If

ARCHIVED: This Practice Note has been archived and is not maintained. TUPE 2006, PF2s and other PPPs Public/private partnership (PPP) projects, including Private Finance 2 (PF2) projects, can entail transfers of undertakings and service provision changes that are caught by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246. TUPE 2006 was amended on a number of points, including service provision changes, by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014, SI 2014/16. Where there is doubt about whether TUPE 2006 applies as strict matter of law, there are often wider political drivers for the parties to treat a project as though it does, and this is often seen in the project documentation. Guidance on staff transfers in the public sector As well as complying with the statutory obligations set out by TUPE 2006 (as amended), public sector organisations have additional obligations with which to comply, eg the Cabinet Office Statement on Staff Transfers in the Public Sector. The Government’s

Public Law analysis: Involve confirms that contracting authorities may re-moderate tender scores without expressly reserving that power in the invitation to tender (ITT), provided published criteria and procedures are applied consistently and fairly. Although DWP breached transparency by considering extraneous material only in relation to Involve’s bid, the breach caused no loss because the same score and exclusion would have followed on the published criteria. The court also upheld exclusion for breach of agreed conflict-of-interest mitigation measures, notwithstanding the absence of any demonstrated advantage. The judgment emphasises the high threshold for manifest error, the need for robust audit trails and disciplined evaluation, and the importance for incumbent suppliers of strict compliance with conflict-management arrangements. Produced in partnership with Kris Kelliher and Sarah Ward of Devonshires Solicitors.

This Agreement is made on [insert date] Parties Where possible, a client should consider engaging a consultant through a third party company rather than engaging them as an individual as the consultant is more likely to be perceived as providing services in their personal capacity. Following Karshan, the Revenue Commissioners has confirmed that it will not pierce the corporate veil and look behind the relationship with a contractor where they have been engaged to provide services through a third party company. However, the Workplace Relations Commission will still review the relationship and can make a determination that the relationship is akin to that of an employer/employee relationship. This Precedent, as drafted, gives the consultant autonomy as to how they provide their services to a company. However, the company should be mindful of how the agreement works in practice, as the Irish courts and employment tribunals will look behind the agreement to see how the relationship actually works on a day-to-day basis See further Practice Notes: Ireland—Implementing the Platform Work Directive (PWD)—reclassification and Article: Domino

This Practice Note looks at the use of virtual and electronic signatures in property transactions and considers some of the practical issues which arise when using virtual or electronic signatures for signing property contracts and executing property deeds. For more detailed content and analysis on electronic signatures and virtual signings, see Practice Notes: Virtual execution of documents and Electronic signatures. For general content on executing property contracts and deeds, see Practice Notes: Contracts for the sale of land—formation, signature and variation and Property deeds—use and execution of deeds in property transactions. See also Precedent: Guide to executing deeds and documents in property transactions. HM Land Registry and accepted signatures HM Land Registry has its own requirements regarding the use of virtual or electronic signatures for various deeds and documents including: • most registrable property deeds • application forms, consents and certificates • statements of truth • powers of attorney See Virtual/Mercury signatures and HM Land Registry and Electronic signatures and HM Land Registry below. See also HM Land Registry

This Q&A considers whether the settlement agreement might be frustrated, and whether it could be argued that the employee lacked capacity. Frustration A contract will only be frustrated if an unforeseen event occurs after the contract is formed and: • as a result of that event, the contract becomes impossible to perform and/or the obligations under the contract are transformed into something radically different • the contract does not contain a clause intended to deal with the unforeseen

The New Engineering Contract (NEC) has launched NEC Digital, a subscription-based online drafting platform intended to streamline and automate contract creation for construction project stakeholders. The platform provides smart tools, real-time collaboration features and contextual, tailored guidance to support users of NEC Contracts. NEC Digital aims to reduce risk and ensure compliance in contract creation. It enables secure collaboration among project team members and includes automated processes and standards-compliant submissions for construction contracting.

This week's edition of Construction weekly highlights includes: introduction of the Building Safety (Remediation of Unsafe Cladding etc) Bill, guidance for local regulators on the developer remediation contract, and a statement from the HM Courts & Tribunals Service (HMCTS) on the judicial use of Artificial Intelligence (AI).

Dispute Resolution analysis: Burton J has reiterated the Court of Appeal position in Masri that determining whether an English court has jurisdiction it must do so on the basis of the grounds/gateways in CPR Part 6 and that where an anti-suit injunction is also sought, no jurisdictional gateway is required in relation to the injunction as it is ancillary and incidental to the main proceedings. The same was true in respect of Lord Cairns’ Act damages (damages in lieu of an injunction under s 50 of the SCA 1981). In addition, where a contract, in this case a bill of lading, is governed by an English law clause but has no jurisdiction clause, the English courts cannot restrain a party from bringing proceedings in a foreign jurisdiction solely on the basis that there was a concern that the foreign court would not apply English law as the law of the contract.

One of the key elements for an effective salary sacrifice arrangement is that the arrangements must constitute a variation of the employment contract. In order for the salary sacrifice arrangement to be valid, HMRC must be satisfied: • that there has been a legally effective change in writing to the employees’ contract of employment under which, on the true construction of the contract: