Many of the usual representations and warranties for a typical syndicated loan facility will also be applicable to a real estate finance transaction. For information on those representations and warranties, including what representations and warranties are and why they are used, see Practice Note: Representations and warranties. This Practice Note looks at the specific representations and warranties which typically apply in a real estate finance transaction, including representations and warranties relating to the title to the property, compliance with planning and environmental legislation, security over the property, the use and condition of the property, the accuracy of reports relating to the property and, in development finance transactions, representations and warranties relating to the development itself and the development documents (including the building contract). Purpose of representations and warranties Representations and warranties (representations) in a loan agreement are made up of a series of factual statements concerning the position of the borrower and its obligations under the finance documentation (see Practice Note: Representations and warranties—Legal representations) together with representations that relate to the assets of the borrower

This Practice Note considers the statutory definition of a trade union under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) as well as a union’s capacity to be party to a contract, a party in a civil action and a defendant in a criminal prosecution. It also examines a trade union’s ability to hold property in trust and how to enforce a judgment against a union. Both workers and employers may form groupings that could generally be described as ‘unions’. In the case of employers these are usually called employers' associations. Workers also form groupings for the support and advancement of their members’ interests, which are usually called trade unions. However, membership of a trade union is often of much greater significance to a worker than membership of an employers’ association is to their employer. For example, membership of a trade union typically gives workers bargaining power with their employers that they would otherwise not have. The law relating to trade unions is largely governed by extensive statutory provisions, such as TULR(C)A 1992. Definition A

Nature of boilerplate provisions in public sector contracts Lawyers work on a huge variety of transactions, but all of them will in some way involve written agreements. Most of those agreements will contain boilerplate provisions in some form. 'Boilerplate' is the term used to describe the clauses that are included in an agreement to deal with the mechanics of how the agreement works and those generic legal points that are relevant to most transactions. They are generally found at the beginning and the end of an agreement. Such clauses are often thought of as standard, miscellaneous provisions, but this is a dangerous view to adopt. Boilerplate clauses can have a significant impact on the other clauses in an agreement and on an agreement as a whole. It is important that any such impact is intentional and not the result of a boilerplate clause being included in an agreement without due consideration of why it has been included and its effect on the interpretation of other clauses and the contract as a whole.

An investment agent (in a mudaraba contract).

Subscribed for and on behalf of [insert name of the Firm] by ________________________ [Director

Claimants who bring successful wrongful dismissal claims, which result in an award of compensation, may receive payment in respect of certain sums either before or after the date on which they would have received those sums had they remained employed. Where a sum is received after the date on which it would have been received if the individual had remained employed, the claimant will be entitled to interest, which is discussed below.

This Practice Note contains Q&As relating to practical execution issues relevant to specific entities, in particular: • Individuals • Companies, corporate bodies and corporations • Partnerships, LLPs and limited partnerships • Charities, trusts and unincorporated associations • Attorneys • Personal representatives Individuals • Individuals are parties to a transfer of shares (including a share purchase agreement) which are to be executed as a deed. The three individual sellers are also all trustees of Trust 1, Trust 2 and Trust 3. Is the share purchase agreement required to have 12 execution blocks, with each seller/trustee signing four times, or can one execution block each satisfy? • If a person who intended to sign a contract dies before signing the agreement, can their personal representative (PR) sign on their behalf or are there any other solutions to complete the contract? If a PR is able to sign, is there specific wording to include in the attestation clause? • Can an individual based overseas execute an English law power of attorney as a deed using an electronic signature? • Is there a difference between

Introduction This Practice Note considers some of the key steps an unsuccessful bidder or tenderer may take after being notified that it has not been awarded an Irish public procurement contract. It explains how to assess and pursue a challenge, including standstill letters and periods, limitation periods, High Court proceedings, automatic suspension and interim measures, and the remedies available before and after contract signature, including setting aside, ineffectiveness, alternative penalties, damages and discovery. For an overview of the Irish public procurement law regime, see Practice Note: Ireland—Public procurement law—fundamental principles. For guidance on EU public procurement, see: EU public procurement (EU Law)—overview. As with any competition or contest, there are almost invariably disappointed tenderers or bidders whenever the results of a public procurement process have been announced. This Practice Note analyses the legal rights of those unsuccessful or disappointed bidders/tenderers. While each case turns on its own facts, this Practice Note analyses the legal remedies which are usually available. It is worth emphasising that there

In considering the question of whether a Sikh Granthi (priest) at a Gurdwara (temple) was a ‘worker’ for the purposes of the national minimum wage provisions, in circumstances where he was provided with free accommodation at the Gurdwara, and survived on food and irregular payments provided by members of the congregation, the first question was whether there had been any intention to create legal relations between the Granthi and the management committee of the Gurdwara, in order to determine whether there was any contract at all and, if it was found that a contract existed, the tribunal should then go on to determine the usual questions regarding 'mutuality' and 'personal performance of services' in order to determine whether that contract had the qualities required of a 'worker' contract, according to the EAT in Singh v Members of the Management Committee of the Bristol Sikh Temple.

Arbitration analysis: XX, YY & Others v ZZ illustrates the Hong Kong court’s approach to the jurisdictional conundrum, which arises from a very typical paradigm where a target company (and its associates) (the ‘Warrantors’) having given a contractual indemnity (in ‘Contract A’) in favour of an investor with respect to all losses resulting from the non-performance of a put option (which acts as an ‘exit mechanism’) contained in the company’s articles and/or a subsequent contractual agreement (‘Contract B’). In this case, the Warrantors’ attempt to avoid arbitral jurisdiction failed. The Warrantors’ argument that ‘the “centre of gravity” of the indemnity claim (which turns on the alleged failure to perform the put option) lies with Contract B’ was squarely rejected. In very simple terms, the net effect of this decision is that: for jurisdiction purposes, an indemnification claim which can only arise out of Contract A would (more likely) be treated as ‘closer’ to Contract A, even if the underlying dispute triggering the indemnity may fall within the scope of Contract B as well. Written by Adrian Lai, barrister at Des Voeux Chambers and Matthew Suen, barrister at Denis Chang’s Chambers.

Subscribed for and on behalf of [insert name of the Firm] by ________________________ [Director

It has been held by the Privy Council that lease clauses stating that the right to forfeit cannot be waived, other than in writing, are ineffective: R v Paulson. Although there is a more recent first-instance decision to the contrary (State Securities plc v Initial Industry