Refine By
Clear all filter
About 7133 results for "contract"
PRECEDENTS
Agreement in relation to the termination and replacement of [dispute board member name] (Dispute Board member) on the [insert brief details of the project]. This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Contractor] (‘the Contractor’) 2 [insert name of the Employer] (company registration number [insert number]) whose registered office is situated at [insert address of the Employer] (‘the Employer’) The Employer and Contractor are together the ‘Contract Parties’. 3 [[insert name of the Departing DB Member] whose address is [insert address of the Departing DB Member] (‘the Departing DB Member’) The Contract Parties and the Departing DB Member are together the ‘Parties’.] BACKGROUND The Employer and the Contractor are the parties to a contract dated [date] for [brief description of project] (the Contract). The Contract provides for the establishment and operation of a dispute board (the Dispute Board) under [insert relevant contractual provisions] [and in accordance with [identify applicable dispute board rules] (the Applicable
PRECEDENTS
1 Definitions and interpretation 1.1 In these Conditions the following definitions apply: Acceptance Conditions • has the meaning given in clause 7.2; Adequate Procedures • shall be construed in accordance with BA 2010 and guidance published under it; Affiliate • means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity; Applicable Law • means all applicable laws, legislation, statutory instruments, regulations and governmental guidance having binding force whether local or national[ or international in any relevant jurisdiction]; Associated With • when used in: (a) clause 10 and in relation to bribery matters, shall be construed in accordance with BA 2010 and guidance published under it; (b) clause 12 and in relation to tax evasion facilitation, shall be construed in accordance with Part 3 of CFA 2017 and guidance published under it; (c) clause 13 and in relation to fraud, shall be construed in accordance with Part 5 of ECCTA 2023 and guidance published under it; BA 2010 • means the Bribery Act 2010; Bribery Laws • means BA 2010 and all Applicable Laws in connection with bribery or anti-corruption[ and associated guidance published by the Secretary of State for Justice under the
Q&As
See Practice Note: Regulation of consumer buy-to-let lending in the UK, which describes buy-to-let mortgage lending and in particular consumer buy-to-let (CBTL) lending. It states that a CBTL mortgage contract is a buy-to-let contract which is not entered into by the borrower wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him. It adds: 'A borrower is regarded as having entered into
Q&As
The ‘employer’ is the person or entity which is ultimately responsible for carrying out the check. As for the definition of ‘employer’, the right to work check Q&A document issued by the Home Office addresses this (Q36): ‘Q. What is the definition of “employer” for the purposes of illegal working provisions of the Act? A. An “employer” is defined as a person who employs an individual under a contract of employment. This may be a contract of service or apprenticeship, whether
PRACTICE NOTES
Continuous improvement (CI) is very fashionable in management circles, but the heavy use of management-speak can make it difficult for non-CI specialists to understand. You should not be deterred as the principles of CI can be applied to legal teams to create greater efficiency. This Practice Note attempts to strip out as much jargon as possible, demonstrate how it applies to in-house lawyers, and illustrate the concepts involved by way of a case study. What is CI? The definition of CI is often over complicated and buried in jargon, but it means exactly what it says, ie continually looking for ways to improve processes, methods and procedures. The aim is to: • remove blockages • make processes as efficient as possible • save time and money Improvements do not have to be major changes; several small but effective changes (often referred to as ‘marginal gains’) soon add up. CI tools and methods can help you fix processes that are no longer effective, and allow you to review processes that may appear to
PRACTICE NOTES
This Practice Note on civil fraud (commercial fraud) summarises the main heads of claim (causes of action in fraud) which you may consider pleading in a civil fraud claim, ie fraudulent misrepresentation, deceit, unjust enrichment, breach of fiduciary duty, breach of trust, conspiracy (lawful means conspiracy and unlawful means conspiracy), dishonest assistance, knowing receipt, bribery, inducing (procuring) breach of contract and conversion and the applicable limitation periods for such ‘fraud’ claims. It also considers relief by way of constructive and resulting trusts (including following and tracing), sham transactions, hacked emails (business email compromise (BEC) fraud and ransomware attacks), authorised push payment (APP) fraud and briefly fraud issues around cryptocurrencies. ‘Illegality’ is not a cause of action but it can arise in the context of civil disputes, particularly as a defence. See Practice Note: Illegality in civil claims. For guidance on: • the standard of proof and the test for dishonesty in civil fraud claims, see Practice Note: Civil fraud—dishonesty and standard of proof • the specific requirements when pleading civil fraud, see Practice Note: Civil fraud—pleading
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Renting Homes (Wales) Act 2016 (RH(W)A 2016) came into force on 1 December 2022. On that date, existing residential tenancies and licences (unless specifically excluded by RH(W)A 2016) converted to either secure or standard occupation contracts. This Practice Note looks at the transitional provisions under RH(W)A 2016, Sch 12, and the Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (the Transitional Regulations 2022), SI 2022/1172, which govern the conversion of existing tenancies into occupation contracts. It considers the status of tenancies and licences which were in existence on 1 December 2022, the terms of those tenancies and licences and the methods of terminating them. Status of existing tenancies and licences—converted contracts On 1 December 2022 the following types of occupation of a residential property in Wales were abolished: • an assured tenancy (AT) (including an assured shorthold tenancy (AST)) • a secure tenancy • a restricted contract • a protected shorthold • an introductory tenancy • a demoted tenancy Existing
PRACTICE NOTES
This Practice Note provides an overview of insurance bad faith claims, including the insured's rights under an insurance policy, claim triggers, and benefits of bringing a claim. To the extent that a jurisdiction's statutory law prescribes actions, omissions, delays, or business practices that can be the basis of a bad faith claim or requires a complainant to satisfy conditions precedent to a bad faith claim, they will be mentioned. Except to the extent that state-specific examples are given, this Practice Note is non-jurisdictional. For more information on the common grounds for insurance bad faith claims and bad faith litigation issues, see Practice Note: US—insurance bad faith coverage litigation. What is an insurance bad faith claim? Under the insurance contract or policy, insurance companies (insurers) have many duties to the person(s) they insure, the policyholder (insured), and to persons making claims against their insureds (claimants). In performing their duties, insurers owe duties to the insured and to the claimant to act in good faith and to deal fairly with them, particularly in the claim evaluation and
PRACTICE NOTES
This Practice Note examines equivalent project relief (EPR) in PFI and PF2 projects. It considers the purpose of such provisions, the anatomy of an EPR clause and relevant cases. EPR clauses generally state that a sub-contractor is only entitled to claim for compensation, an extension of time (EOT) or relief from termination under the sub-contract, to the extent that the Project Co has been able to claim for the equivalent remedy under the Project Agreement—in other words, the Project Co has no greater liability to the sub-contractor than the Authority has to Project Co. Note that in the 2018 Budget (delivered on 29 October 2018), the government announced that it would no longer use PFI or PF2 on new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). However, existing PFI and PF2 projects continue to run. What is equivalent project relief? To understand what equivalent project relief is, it is necessary to understand the background that gave rise to these provisions. As set out in Practice Note: Introduction to PFI and PF2 the structure of a typical PFI or PF2 project is
NEWS
Property analysis: An overriding interest does not defeat overreaching. The High Court decided that land was subject to a right of way granted over it after the transfer, where there had been delay in registration of the transfer and the right of way was registered first. It also confirmed that a contract which has merged on completion is not an ‘estate contract’ so as to be an exception to the statutory overreaching provisions.
CHECKLISTS
This Checklist is for use when planning a print marketing campaign. The focus is on marketing-specific requirements, but general issues in relation to transactional activity (eg contract formation, distance selling) are not included. It covers targeting and placement, agency contracts, data protection, advertising compliance, prize and price promotions. It also considers compliance with legislative and self-regulatory regime in the UK, including the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Print advertising continues to play a central role in all major brand advertising. This includes advertising on billboards, posters, brochures, fliers and in newspapers and magazines. In the UK, print advertising is governed by a combination of industry self-regulation and legislation. For a detailed overview of the advertising landscape in the UK, see Practice Note: Advertising law and regulation. See also: • Advertising copy approval—checklist • Planning a digital marketing campaign—checklist The third column can be used to record observations or comments as the
PRACTICE NOTES
Infrastructure procurement is the method by which the delivery of a facility is organised. This Practice Note focuses on the methods for organising the design, engineering and construction of a facility. For information on funding models, see Practice Note: Funding models for infrastructure. A range of factors will influence the decision of how best to procure an infrastructure facility. Factors influencing the procurement method Factors significant when deciding upon the form of procurement for an infrastructure project include: • the type of infrastructure project—eg mining, road, port, energy project • the complexity of the project—does it have process technology or involve multiple facilities? • who the owner is—eg public body using PPP or a Regulated Assest Base (RAB) model or private company experienced in managing works? • how the project is funded—by public money, debt or private investment? Lenders may require a particular form of procurement • the risk allocation between the parties—is single point responsibility for project risk required? • the price for the project—single point responsibility comes at a premium • the speed with which the owner wants