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PRECEDENTS
Subscribed for and on behalf of [insert name of limited partnership] ________________________ [Director
PRECEDENTS
Our ref: [insert Authority's reference] Your ref: [insert enquirer’s reference] [Insert enquirer’s details and address] [Date] Dear Dear [insert organisation name] [Contract OR Framework] for [insert details] (‘the [Contract OR Framework]’) OJEU Notice [insert details] Pre-Qualification Questionnaire As requested, I enclose the Pre-Qualification Questionnaire (PQQ) which will be used to select the organisations to be invited [to tender OR to negotiate OR to participate
Q&As
Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, the starting point is that any purported variation of a contract of employment that is, or will be, transferred under TUPE 2006, SI 2006/246, reg 4(1) is void 'if the sole or principal reason for the variation is the transfer' (TUPE 2006, SI 2006/246, reg 4(4)). However, a variation of the contract
Q&As
A collateral warranty is a contract which is collateral to (or sits alongside) an underlying or primary contract. In construction, a collateral warranty is typically collateral to either a building contract, consultant’s appointment or subcontract. The warranty creates a contractual link where there wouldn’t normally be one, thereby enabling a third party, such as, for example, a purchaser or tenant, who owns or occupies recently completed buildings, to have a direct contractual relationship with a construction team member. That third party can then rely upon the
Q&As
Detailed information on the right to a statutory redundancy payment can be found in Practice Note: Entitlement to statutory redundancy payment. A worker is entitled to a redundancy payment under section 135 of the Employment Rights Act 1996 (ERA 1996) when: • they are an employee • they have been continuously employed for not less than two years at the ‘relevant date’ • they have been dismissed, and • the dismissal was by reason of redundancy Dismissal For these purposes, ‘dismissal’ means any situation where: • the employer terminates the contract, with or without notice • a limited term contract comes to an end and is not renewed • an employee terminates the contract, with or without notice, in
Q&As
The leading statement on interpretation of contracts is Lord Hoffmann’s in Investors Compensation Scheme v West Bromwich Building Society. Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract (see Practice Notes: Rules of contract interpretation and Contract interpretation—the guiding principles). While the meaning of the word 'repair' in a tenancy agreement, because of the central importance of the concept of ‘repair’ in the landlord and tenant relationship, carries a technical
PRECEDENTS
date [date] Parties 1 [name of tenant who served notice of claim] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Seller) 2 [name of buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Buyer) BACKGROUND (A) [By a contract dated [date] (the Contract) the Seller agreed to sell the leasehold property known as Flat [insert flat number], [insert address] (the Flat) to the Buyer for the residue of the term of years created by the lease that is specified in the Contract (the Lease). (B) By a notice dated
Q&As
We have assumed that this Q&A is referring to business-to-consumer sales. Chapter 2 of Part 1 of the Consumer Rights Act 2015 (CRA 2015) provides certain statutory rights and remedies for consumers in respect of contracts for the sale of goods. The key statutory rights are that the goods must be of satisfactory quality, fit for a particular purpose the consumer has made known, and match any description, sample or model by reference to which they were supplied. The same rights apply to second-hand goods, although when assessing the level of quality that is satisfactory, considerations such as price, age and easily identifiable defects would be taken into account. In respect of second-hand goods, the guidance for business provided by the Department for Business, Energy and Industrial Strategy states on page 10: ‘The requirement is the same for new and second-hand goods—the goods must be of satisfactory quality, based on
Q&As
Where the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 applies, it provides that: • all the employees assigned to the undertaking that is transferring will transfer to the transferee • all rights and liabilities attaching to those employees will also transfer to the transferee (with a few exceptions, the main one being certain rights in relation to occupational pensions) • some liabilities relating to former employees will also transfer to the transferee, depending on when they ceased to
PRACTICE NOTES
Introduction This Practice Note addresses frequently asked questions about when UK consumer protection law applies, including who qualifies as a consumer or trader, mixed-purpose transactions, contractual declarations of status and who bears the burden of proof in establishing that an individual is a consumer. It goes on to consider the laws applicable to goods, services and digital content, whether a consumer can waive their statutory rights, and the treatment of products supplied for free. The applicable rules depend on the particular legislation. The principal contractual framework is contained in the Consumer Rights Act 2015 (CRA 2015), while the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) regulates unfair commercial practices and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 impose pre-contract information requirements, cancellation rights and other restrictions on consumer contracts. This Practice Note primarily focuses on the interpretation of CRA 2015, with specific consideration of other consumer protection law as applicable. For more information on the wider legislative framework, see Practice Note: Key consumer legislation—summary.
Q&As
The effect of a company voluntary arrangement (CVA) is to establish a statutory contract between a company and each of its creditors. There is no automatic
PRACTICE NOTES
This Practice Note explains costs only proceedings and the procedure to be followed. The costs only procedure allows a Part 8 claim to be brought so the parties can obtain a costs order enabling them to subsequently commence detailed assessment. The costs-only procedure is set out in Section IV of CPR 46 at CPR 46.14 which sets out a list of requirements which need to be met prior to commencing the costs only procedure. This includes settlement of all issues in dispute except for the costs incurred pre-action and for no proceedings to have been commenced. The procedure cannot be used if costs are payable pursuant to a contract (CPR 44.5). Purpose of costs only Part 8 proceedings The costs only (Part 8) procedure is intended to provide a simple and convenient means of resolving a costs dispute that is brought with the consent of both parties. Costs only proceedings are used by a party to recover pre-action costs where the parties have agreed to settle the dispute before the commencement of proceedings but have been