When a company enters an insolvency process, section 233 of the Insolvency Act 1986 (IA 1986) prevents suppliers of ‘essential supplies’ from demanding payment of pre-insolvency debts as a condition of continuing the supply. Where the company enters into administration or a voluntary arrangement, IA 1986, s 233A also imposes certain restrictions on termination because the law recognises the importance to companies of ensuring the continuation of essential supplies to facilitate either a rescue of the company, or a better return to creditors. It is also worth noting that the Corporate Insolvency and Governance Act 2020 (CIGA 2020) brought in more stringent rules generally surrounding the ability of a supplier to terminate a contracts due to a company’s insolvency (known as ipso facto clauses). CIGA 2020 introduced a new IA 1986, s 233B, so that suppliers of

Background The performance output of an energy asset and the project's ability to generate the specified power output and revenue stream will typically dictate the amount which a funder is willing to invest. It is crucial for both employers and funders that appropriate testing, take-over and defects procedures are incorporated into the construction contract to ensure maximum revenue and power output is obtained from the project and so that any problems in this regard are highlighted as early as possible. This Practice Note focuses on the importance of testing procedures and defects mechanisms under the FIDIC Silver Book and other commonly used contracts in the energy sector and the practical considerations which need to be considered in energy projects. For a detailed introduction to the FIDIC Silver Book, see Practice Notes: FIDIC contracts—introduction to the Silver Book 2017 and FIDIC contracts—introduction to the Silver Book 1999. FIDIC Silver Book testing procedures The FIDIC Silver Book is one of the most widely used contracts for energy and engineering projects globally. It contains a standardised

Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts. Arbitration can be conducted on an ad hoc basis (in accordance with a set of arbitration rules, such as the London Maritime Arbitrators Association (LMAA) Terms, and/or the applicable national arbitration law) or administered by an arbitration institution, typically in accordance with the arbitral institution’s arbitration rules. There are a variety of institutional arbitration rules available for incorporation into arbitration agreements, leading examples including those of the International Chamber of Commerce (the ICC Rules) and the London Court of International Arbitration (LCIA) (the LCIA Rules). By way of example, this Practice Note discusses, in the context of the law of England and Wales, the LCIA’s recommended arbitration clause for future disputes, although it should be noted that the points made may be relevant to other institutional arbitration clauses. Example institutional clause: LCIA model clause for future disputes ‘Any dispute arising out of or in connection with this contract, including any question

This Practice Note looks at the importance of obtaining a survey in residential property transactions and other considerations relating to the physical condition of the property such as the information contained in replies to pre-contract enquiries, reporting on search results and inspecting the property. It also considers the relevant provisions of the Standard Conditions of Sale (Fifth Edition—2018 Revision) and lenders’ requirements. It does not consider issues arising specifically in connection with newly-built or converted properties. For further information, see Practice Notes: New Homes Quality Code and the Consumer Code for Home Builders, New home warranties and Residential conveyancing—professional consultant’s certificates. It also does not consider issues relating to the condition of a building which falls within the scope of the Building Safety Act 2022 and the liability for remedying safety defects. For further information, see Practice Note: Building Safety Act 2022—key issues in residential conveyancing. Establishing the physical condition of the property A seller of property has a limited obligation to disclose any physical defects in the property

It makes good business sense for your firm to seek to limit the extent of its liability to clients. However, there are regulatory and legal hurdles to clear and restrictions on what a liability cap can achieve. This Practice Note describes the legal and professional requirements applicable to law firms when they limit their liability to commercial clients and explains the restrictions on what a liability cap can achieve. Since 1 October 2015, contracts between ‘consumers’ and ‘traders’ are subject to the Consumer Rights Act 2015. It is much more difficult to exclude or limit liability in a consumer contract and certain 'blacklisted' terms are automatically unenforceable. This Practice Note does not cover limiting your liability to consumer clients. See instead Practice Note: Limiting liability—consumer clients—law firms. SRA requirements You must not exclude or attempt to exclude liability below the minimum level of professional indemnity insurance (PII) cover required by the SRA Indemnity Insurance Rules. This is: • £3 million for firms that are corporate entities (including LLPs) • £2 million for partnerships and sole practitioners

How to use this checklist This Checklist is intended as a guide for practitioners and traders preparing for the entry into force of the new subscription contract regime, as set out in the Part 4, Chapter 2 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) (Subscription contracts). It considers what contracts fall into scope of the subscription rules, how the rules will apply to free trials, and what are the requirements for pre-contractual information and reminder notices. It further considers cooling-off rights, cancellations and refunds. DMCCA 2024 received Royal Assent on 24 May 2024, coming partly into force from that date. Most of the key provisions and obligations under DMCCA 2024 will be, or have been, brought into force via secondary legislation. DMCCA 2024, Part 4, Chapter 2 is one of the last provisions to enter into force, anticipated January 2027 (see: LNB News 10/08/2026 16). There are a variety of reasons that the provisions regarding subscription contracts are the last to enter into force, including the need

This Practice Note discusses when a party engaging an independent contractor may be subject to non-delegable duties or become vicariously liable in tort for the acts or omissions of their independent contractors. Remaining liable for acts and omissions of contractors Commercial entities often delegate obligations or services that they owe to third parties to contractors. Although this may be possible to an extent, an engaging party may remain liable for the acts and omissions of such contractors. This may arise in the context of contractual liability, agency, vicarious liability and non-delegable duties. It is therefore important when engaging independent contractors to understand the scope of any continuing liability to be able to advise on risk, limitation and exclusion of liability and insurance. This Practice Note focuses on vicarious liability and non-delegable duties when engaging independent contractors. The position in contract Contractual rights and benefits are (subject to express contractual provisions to the contrary) assignable, and contractual obligations or burdens are not. In certain circumstances contractual obligations or burdens may be performed by contractors or subcontractors. When permitted

Where the a fixed charge receiver is acting on behalf of the seller in selling a property, the receiver's underlying objective is to have a 'clean deal'—that is, following completion, both the receiver and the appointing mortgagee will know exactly what sum is payable to the mortgagee net of sale costs and expenses, and that there will be no claims following completion against: • the receiver (and the mortgagee if the mortgagee is transferring the property (see Practice Note: Overreaching by a mortgagee) or • the net sale proceeds payable to the mortgagee This objective is achieved by moving risk to the buyer and excluding personal liability of the receiver. Sales information pack and pre-contract enquiries It is important for the buyer to understand that as the receiver is not the owner of the property and the receiver’s appointment to the property may have been very recent; the receiver will have very limited information on the property. The receiver's position is particularly difficult in cases

This Practice Note is for use when determining applicable law where the contract was entered into on or after 17 December 2009. This Practice Note considers consumer contracts in Article 6(1) of Regulation (EC) 593/2008, Rome I. The Practice Note explains the process by which the applicable law is determined for consumer contracts and the limitations that apply where the parties wish to make their own choice of law. A consumer contract will be governed by the law of the country in which the consumer has their habitual residence. The Practice Note explains how to determine the habitual residence of the consumer and why the formal validity requirements for other contracts do not apply when dealing with consumer contracts—the law of the country of habitual residence will apply instead. The Practice Note also considers the position in relation to contracts not falling within Article 6(1) as well as the specific exclusions which apply under Article 6. For other aspects of the regulation, see Practice Note: Applicable law—a guide for dispute resolution practitioners. This

Subscribed for and on behalf of [Name of Company] by ________________________ [Director

ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force. This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. What is collaborative procurement? Collaborative procurement is not a precise term and covers a range of possible arrangements. At its simplest, it is when two or more authorities join together to buy goods or services

This Practice Note examines the post-Brexit requirements of the Financial Conduct Authority (FCA) in relation to tied agents, including FCA-registered tied agents, and covers (1) the FCA definition of a tied agent, (2) UK requirements for firms appointing tied agents, (3) notification requirements, (4) termination requirements, and (5) record-keeping requirements. For information on the appointed representative (AR) regime, see Practice Notes: • Appointed representatives • A principal's responsibility for its appointed representatives • Multiple principals and appointed representatives • Contract requirements for appointed representatives For information on the EU regime for tied agents, see Practice Note: EU tied agents. FCA definition of a tied agent In the FCA Handbook, a tied agent is defined as a person who acts for and under the responsibility of a MiFID investment firm (or a third country investment firm) in respect of MiFID business (or the equivalent business of the third country investment firm). Chapter 12 of the Supervision manual (SUP) in the FCA Handbook applies to tied agents that are appointed by a MiFID investment firm. A tied