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PRECEDENTS
1 Interest on late payment If either party fails to make payment in accordance with this Agreement the other party shall be entitled, in addition to any unpaid amount that should properly have been paid, to
PRECEDENTS
Project Title: Reference/Works Package: Date: To: Date of Payment Notice: [Sub-]Contractor’s Application Reference No: [number] Dated: [date] ARCHIVED: This Precedent has been archived and
NEWS
Dispute Resolution analysis: Following a trial, a daughter has been held to be entitled to the receipt of substantial sums from the estate of her late mother pursuant to the terms of a contract made with the late mother for the provision of care in her home. Had the contract not existed, the daughter would, in any event, have been entitled to receive such payment on a restitutionary basis. Written by Phillip Patterson, barrister, Gatehouse Chambers.
NEWS
The Madrid International Arbitration Centre-Ibero-American Arbitration Centre (CIAM-CIAR) has published a survey for companies in construction and infrastructure, to understand how CIAM-CIAR can assist the companies with arbitration and other dispute resolution techniques. The survey asks companies about the effectiveness of certain construction contract dispute resolution methods, how often disputes lead to litigation and arbitration and if the disputes affect more than one contract.
PRECEDENTS
Headed notepaper of target company To: [Insert name and address of contractual counterparty/interested third party] [Insert date] Dear [insert individual/organisation name] Notice of change of control [We refer to the agreement dated [insert date] between [insert target company name] and [insert contractual counterparty name] relating to [insert details of contract] (the Contract).] As part of an internal reorganisation, our parent company [insert seller
NEWS
EU Law analysis: Alex Kerr, partner at Baker Botts LLP, examines the European Commission’s Q&A document on the importer requirements of the EU Methane Regulation.
PRACTICE NOTES
This Practice Note has been written by Anne Redston, Barrister. It is her personal view; she is not authorised to speak for the Tribunals Service or the judiciary. This Practice Note explains how to work out whether a person is employed or self-employed. It considers the National Insurance contributions (NICs) deeming rules, the contractual relationship between the parties, HMRC status determinations, together with how these can be challenged, and HMRC’s Check Employment Status for Tax (CEST) tool. This Practice Note should be read with Practice Note: Employment status tests—from a tax and NICs perspective. The reasons why status is important is explained in Practice Note: Employment status—why it matters. Remember that this Practice Note, and the other Practice Notes on employment status, are only a summary of the applicable law and do not cover all situations. HMRC may also take a different approach to workers in the entertainment industry, including film, theatre, TV and radio and musicians, and that approach is not covered in this Practice Note. In addition, further changes are
PRACTICE NOTES
The question of who owns the float on a construction project can be a difficult (and contentious) issue that often crops up in disputes relating to a contractor’s entitlement to an extension of time. This Practice Note considers what float is, which party owns it and the approach to float under the Society of Construction Law Delay and Disruption Protocol (SCL Protocol), and the position in relation to float under the JCT, NEC, FIDIC and CIOB standard form contracts. What is the float? Float is time available within a construction programme before delay to an activity or the Works affects a relevant subsequent activity or completion milestone. It may arise in relation to individual activities or paths through the programme, or as a period between the contractor's planned completion date and the contractual completion date. The Society of Construction Law Delay and Disruption Protocol (SCL Protocol) describes float as the 'time available for an activity in addition to its planned duration'. It is common practice for a contractor to factor some contingency into its
Q&As
Consideration is an essential ingredient for an enforceable legal contract. Consideration can be in the form of money or money’s worth or may be satisfied by the exchange
GLOSSARY
Affirmation is an indication of the intention to continue with a contract.
Q&As
This Q&A raises the means by which the protection of Part II of the Landlord and Tenant Act 1954 (LTA 1954) may be excluded. It assumes that the existing tenancy has that protection. The starting point is that under LTA 1954, s 23, it applies to any tenancy where the property comprised includes premises which are occupied by the tenant for the purposes of a business. If the protection applies, then, as a result of LTA 1954, s 24, the tenancy can only be brought to an end in accordance with LTA 1954 provisions. Essentially, this means (among other things) the exercise of a right of forfeiture, service of a notice to quit by the tenant or the service of either a section 25 notice by the landlord or a section 26 notice by the tenant. Where a notice is served under LTA 1954, then LTA 1954, s 24(1) provides that either party may apply to the court