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NEWS
The International Swaps and Derivatives Association (ISDA) has published an article on how a smart contract can be developed based on the ISDA Digital Assets Definitions. Assistant general counsel, smart contracts & digital assets, at ISDA, Ciarán McGonagle and Web3 Solutions Architect at Null Technologies Ltd, Finn Casey Fierro, provide an overview of the initiative, explaining how the ISDA Digital Assets Definitions were developed and also explore how the smart contract was designed and the functionality it provides.
PRACTICE NOTES
Note that additional commentary on the issues discussed in this Practice Note in the context of the regulation, consenting and incentivisation of the net zero energy transition is available in the following textbook that we have published: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. Introduction to the Smart Export Guarantee This Practice Note provides a detailed explanation of the ‘Smart Export Guarantee’, a regulated mechanism to provide owners of small-scale low-carbon installations in Great Britain (GB) with a guaranteed contract for selling surplus electricity they generate. Among other things, it discusses the terms of power purchase under the Smart Export Guarantee, the role of electricity suppliers in the Smart Export Guarantee mechanism, and technology types that are eligible for the Smart Export Guarantee. The Smart Export Guarantee came into force on 1 January 2020. The concept of the Smart Export Guarantee was first mooted in the consultations announcing the confirmed closure (for new installations) of the small-scale Feed-in Tariff (FiT) from 1 April 2019. This is because one key consequence of the
PRACTICE NOTES
Introduction to delay and disruption A construction contract will, ordinarily, specify the date by which the works are to be completed (the 'completion date'). However, during the course of a construction project, it is common for events to occur which delay or disrupt the progress of the works and which may, as a result, affect the contractor’s ability to complete the works by the completion date. Delay and disruption are some of the most common causes of claims and disputes on construction projects. It is important to distinguish between delay and disruption—the difference between these two concepts is, in programme terms, the difference between critical and non-critical delay. Disruption is often mistakenly treated the same as delay, and they are commonly talked about together (as 'delay and disruption') as though they are the same thing and their implications are the same. Delay and disruption are, however, two distinct concepts. How delay or disruption are dealt with will depend both on the relevant cause of each and their impact on the contractor’s ability to complete the works
Q&As
This Q&A assumes that the contract for the sale of the estate assets between the agent (on behalf of the executors) has been properly fulfilled, so that there is no breach of contract claim by the purchaser of the estate assets. An agent owes a fiduciary duty to the principal and must keep accurate accounts of their dealings on the principal's behalf. Books and documents relating to the agency
PRACTICE NOTES
This Practice Note examines the transfer of employees under SI No 131/2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (Ireland) (SI No 131/2003 (IRL)) (TUPE Regulations 2003 (IRL)), as amended by the Workplace Relations Act 2015 (Ireland). The TUPE Regulations 2003 (IRL) give effect to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the European Union (Member States) relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (Council Directive 2001/23/EC). Definition of employees To qualify for legislative protection in respect of a transfer of undertakings, individuals must be classified as an employee. Council Directive 2001/23/EC does not contain a definition of who is an employee. Instead, it stipulates that ‘(d) “employee” shall mean any person who, in the Member State concerned, is protected as an employee under national employment law’. SI No 131/2003 (IRL), reg 2(1) defines an ‘employee’ as: ‘… a person of any age, who has entered into or works under
NEWS
This week's edition of Construction weekly highlights includes an announcement from the Joint Contracts Tribunal (JCT) regarding its forthcoming Target Cost Contract, analysis of a case in which the Technology and Construction Court (TCC) considered whether a substation owner had been entitled to implement a more expensive scheme of remedial works (Southern Electricity v OCU Modus), a case in which the TCC dismissed a claim against a consultant on the basis that the defects in dispute arose from workmanship and not design (MJS Projects v RPS Consulting), and publication of the Office for National Statistics (ONS)’s construction output for February 2025
NEWS
This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) ruled on the interpretation of complex amendments to a Joint Contracts Tribunal (JCT) Design and Build Contract 2016 (Sisk v Capital & Centric), publication by the Construction Leadership Council (CLC) of an advisory note on BS 9991:2024, a case in which the Irish High Court dismissed an application to enforce an adjudicator’s award because the notice of intention was incorrectly delivered (Tenderbids v Electrical Waste Management), and publication of Deputy Prime Minister, Angela Rayner’s letter to local authorities in England on the Planning and Infrastructure Bill.
PRACTICE NOTES
Many of the usual representations and warranties for a typical syndicated loan facility will also be applicable to a project finance transaction. For information about those representations and warranties, including what representations and warranties are and why they are used, see Practice Note: Representations and warranties. This Practice Note examines the types of additional representations and warranties which may apply in a project finance transaction. Purpose of representations and warranties in a project finance transaction Under general contract law, representations and warranties differ in meaning: • representations are pre-contractual statements of fact made by a party to a contract which induce another party to enter the contract—if a representation is incorrect or misleading, it may give rise to a claim for misrepresentation under general law, the remedy for which will be rescission and/or damages depending on the type of misrepresentation • warranties are terms of the contract, breach of which will give the innocent party a right to sue for damages but not rescind the contract For more information, see Practice Note: Representations and warranties—Meaning
Q&As
Automatic enrolment does not apply to workers under age 22. But if a worker is aged between 16 and 21 and has qualifying earnings of £6,032 or more (in tax year 2018–19), they can still opt in to their employer’s automatic enrolment scheme and benefit from employer pension contributions. Under limb a of the definition of ‘worker’ in section 230(3) of the Employment Rights Act 1996 (ERA 1996), a 'worker' is defined as 'as an individual who has entered into or works (or worked) under a contract of employment’. Under ERA 1996, s 230(2), ‘contract of employment' means a contract of service or apprenticeship. An apprenticeship agreement (provided it meets the requirements under the Apprenticeships, Skills, Children and Learning Act 2009) is to be treated as a contract of service (and not a contract of apprenticeship). See Practice Notes: Employee status and Apprenticeships. Enrolment duties The auto-enrolment regime, established under Part 1 of the Pensions Act 2008, imposes three key enrolment
PRACTICE NOTES
FORTHCOMING CHANGE: The Scottish government is conducting a review of LBTT that commenced in spring 2025. The Scottish government is also considering introducing LBTT reliefs in respect of Co-ownership Authorised Contractual Schemes (CoACS), Property Authorised Investment Funds (PAIFs) and Reserved Investor Funds (RIFs); a consultation document was published on 11 July 2025. For more information, see OEICS (including PAIFs), CoACSs and RIFs below. The background to and general concepts applicable to land and buildings transactions tax (LBTT) are set out in Practice Note: Scotland: Land and buildings transaction tax (LBTT)—the basics. This Practice Note summarises how LBTT applies to certain particular categories of transactions and taxpayers, including: • leases and licences • options and right of pre-emption • contract providing for conveyance to third party • sub-sale development relief • exchanges and partitions • partnerships • joint buyers • residential property holding companies • trusts • open ended investment companies (OEICs) and certain other types of funds • charities • group relief • pension funds • green freeports, and • certain
NEWS
Law360: A locum consultant breast surgeon lost her bid to become a permanent employee at a London hospital trust after an appellate judge found that the trust was entitled to keep her on a fixed-term contract.
NEWS
Reference for a preliminary ruling - Public contracts - Framework agreement - Directive 2014/24 / EU - Article 5, paragraph 5 - Article 18, paragraph 1 - Articles 33 and 49 - Annex V, part C, points 7, 8 and 10 - Regulation Implementation (EU) 2015/1986 - Annex II, headings II.1.5 and II.2.6 - Contract award procedures - Obligation to indicate, in the contract notice or specifications, on the one hand, the quantity estimated or estimated value and, on the other hand, the maximum quantity or maximum value of the products to be supplied under a framework agreement - Principles of transparency and equal treatment - Directive 89/665 / EEC - Article 2d, paragraph 1 - Appeal procedures for the award of public contracts - Lack of effects of the contract - Exclusion.