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Introduction The Russian invasion of Ukraine has seen traditional warfare and military conflict within the geographical parameters of a nation and the increased potential for cyber attacks affecting both national governments and global corporations. The US, UK, Europe and other countries have responded to the invasion by introducing a package of sanctions upon Russia and individual Russians, including financial sanctions, trade embargoes, export controls, and asset-freezes, as well as the removal of certain Russian banks from the SWIFT payment system. Sports boycotts have prompted the cancellation of events and seen dropped sponsorship deals. Individuals in Ukraine are seeking refuge or being conscripted, reducing the labour force, and infrastructure has been severely damaged. Travel to and from the affected area is severely restricted. The consequences of the conflict within the first week alone have been far-reaching and fast-moving. Any of these factors alone or in combination mean that performance under contracts—whether with Russian or Ukrainian parties (as primary or sub-contractors), or which rely upon
PRECEDENTS
Date [date] Parties 1 [name of Fund] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at OR [address] (Fund) 2 [name of Developer] of OR incorporated in England and Wales (company registration number [number]) whose registered office is at OR [address] (Developer) 3 [[name of Guarantor] of OR incorporated in England and Wales (company registration number [number]) whose registered office is at OR [address] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: [Adverse Rights • any easement, covenant, right or other interest in or over the Property, the release, discharge or variation of which is reasonably necessary in order to facilitate the Works or the use and occupation of Development;] [Adverse Rights Agreement • any document giving legal effect to the release, discharge or variation of an Adverse Right;] Agreement for Lease • any agreement for made between the Developer and a Tenant (whether before or after today) in the form attached to this Agreement at Appendix 13; Appointment • a deed executed by each member of the Professional Team [substantially] in the form [of the respective drafts] attached to this Agreement at Appendix 7; Appraisal • the Developer’s appraisal of the cost and viability of the Development, a copy of which is attached to this Agreement at Appendix
PRACTICE NOTES
Properties are sold at auction for a number of reasons: • for a quick sale • the property may have been repossessed • the property may need significant redevelopment or refurbishment • the property may have proved difficult to sell on the open market One of the main advantages of selling at auction is the speed at which the transaction can be progressed. The sale is legally binding once the hammer falls so there can be no further negotiation on price, no change of mind and there is no chain, with completion usually 20–28 days later. If selling in a fiduciary capacity, or where there is an obligation to achieve the best price reasonably obtainable (eg on a sale by a mortgagee or a receiver), there is the advantage of the sale being entirely open and transparent. Action required before the auction A seller must choose the appropriate auction house, then set a reserve price and guide price based on the valuation of the property and consultation with the auctioneer. The guide price gives an indication
PRACTICE NOTES
This Practice Note covers various duties imposed on private sector landlords in Wales which are aimed at increasing safety standards in private sector tenancies. It covers the requirements of the: • Gas Safety (Installation and Use) Regulations 1998, SI 1998/2451 (as amended by the Gas Safety (Installation and Use) (Amendment) Regulations 2018, SI 2018/139) (GSR 1998) • Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, SI 2022/6 (RHW 2022) which were made under the Renting Homes (Wales) Act 2016 (RH(W)A 2016) For content on fire safety requirements generally, see Practice Note: Fire safety in commercial and mixed-use buildings. Gas safety Under GSR 1998, SI 1998/2451, reg 36(2), landlords in England and Wales are under a general duty to ensure that there is maintained in a safe condition any relevant gas fitting or any flue serving a relevant gas fitting (as defined in more detail in GSR 1998, SI 1998/2451, regs 2 and 36(1)) which: • is in relevant premises (ie premises occupied, exclusively or not, for residential purposes
CHECKLISTS
How to use this Checklist This Checklist is for use when planning a digital marketing campaign. The focus is on marketing-specific requirements and the Checklist does not consider general issues in relation to transactional activity (eg contract formation, distance selling). It covers media selection, territorial targeting, agency contracts, data protection, advertising compliance, user-generated content, influencer engagement, prize and price promotions, and behavioural advertising. 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). Digital marketing can reach consumers at home, at work and, through their mobiles, tablets and video game consoles, virtually everywhere else. Alongside unrivalled potential audience numbers, it offers brands the opportunity to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are diverting more and more of their marketing spend from traditional media to social and other digital media. Digital
PRACTICE NOTES
This Practice Note looks at various factors that construction lawyers need to consider in relation to projects involving demolition works, including planning and Building Act 1984 (BA 1984) requirements, party wall issues, health and safety issues (including the application of the CDM Regulations) and waste from demolition. It also considers the nature and form of contract used to engage a contractor to undertake demolition works and looks at the appointment of the contractor and the types of surveys/studies that will typically be undertaken before the works begin. What does demolition involve? Demolition does not necessarily mean the complete removal of a building or structure—it can range from the ‘soft strip’ refurbishment of part of a building (eg removal of internal partitions or the strip out of M&E systems) through to the full demolition of the whole structure plus the removal and grubbing out of the foundations. It may be the first stage of a construction project to clear a site and build something new, it may be part of alterations to an existing building or the demolition
PRACTICE NOTES
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period. As explained below, practical completion is an important stage in a construction project because it has significant commercial, contractual, financial and practical implications for both the employer and the contractor. Whether a construction project has, in fact, achieved practical completion is a frequent source of disagreement and disputes within the construction industry. Practical completion is also known as ‘substantial completion’ or simply ‘completion’ in some contracts. What does 'practical completion' mean? Many problems that occur on construction projects in relation to practical completion arise out of the difficulty in knowing what the term practical completion means. It is quite typical for the expression 'practical completion' to be used in building contracts with little or no clarification as to what it is intended to mean, ie what state the contract requires the works to have reached in order for them to
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the judgment of 4 December 2014; it is no longer maintained. See further: timeline, commentary and related/relevant cases Case facts Outline National reference from the Gerechtshof Den Haag (Hague District Court) to the Court of Justice requesting a preliminary ruling under Article 267 TFEU seeking to clarify whether a provision in a collective labour agreement providing for a minimum rate (not only for employees but also for self-employed workers who perform the same work as employees but who do so on the basis of a contract for professional services) falls outside Article 101 TFEU (or otherwise benefits from exemption from the Article 101(1) TFEU prohibition) on the basis that it is included as part of a collective labour agreement. On 4 December 2014, the Court of Justice issued a judgment ruled that it is only when self-employed service providers are ‘false self-employed’ that a provision of a collective labour agreement which sets minimum fees for those self-employed
PRACTICE NOTES
This Practice Note is for use when determining applicable law in the courts of England and Wales in respect of events giving rise to damage, where such events occurred on or after 1 January 2021. Note, that when dealing with disputes that involve a conflict of laws between different parts of the UK or between the UK and Gibraltar, UK Rome II will be applied where the harmful event occurred on or after 11 January 2009. For events that occur outside these dates, a different applicable law regime will be applied by the UK courts. Which regime is applied will depend on the date on which the event occurred. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note provides an overview of the special rules which apply to specific types of claim under UK Rome II, Regulation (EC) 864/2007 on the law applicable to non-contractual obligations. These cover product liability, unfair competition and acts restricting free competition, environmental damage, intellectual
NEWS
This week's edition of Construction weekly highlights includes a Mayor’s and City of London Court decision staying summary enforcement of an adjudication decision pending the Supreme Court’s judgment (Providence v Hexagon), the Ministry of Housing, Communities and Local Government (MHCLG)’s template access agreement and guidance for buildings covered by a Developer Remediation Contract (DRC), the Scottish Government's Cladding Remediation Directorate’s publication of its September 2025 management information for the Cladding Remediation Programme, the Chartered Institute of Building (CIOB)’s publication of an economic report, ‘Capacity Constraints in Construction: Rethinking the Business Environment’, a consultation by the Construction Leadership Council (CLC) to review the priorities of the Construct Zero Performance Framework and the Department for Energy Security, Net Zero (DESNZ)’s policy statement on NESO’s role in strategic planning of hydrogen infrastructure, and the National Energy System Operator (NESO)’s updated connections reform timeline.
NEWS
This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) considered the scope of recoverable loss in respect of claims under the Defective Premises Act 1972 (DPA 1972) (Wilson v HB (SWA)), introduction of the Scottish Building Safety Levy (Scotland) Bill, an announcement by the Joint Contracts Tribunal (JCT) of the release date of its Target Cost Contract 2024, upcoming amendments to the Building Regulations mandating solar panel installations on new build homes, a case in which the TCC considered whether an After the Event (ATE) policy was sufficient in a security for costs application against a claimant in administration (Lloyds v Accor), and an announcement by HM Treasury (HMT) of a £14.2bn investment for the construction of the Sizewell C nuclear power plant.
PRACTICE NOTES
This Practice Note looks at the practical construction consequences of biodiversity net gain (BNG) and related habitat mitigation conditions, looking at the practical impact from a construction law aspect rather than the planning law test for whether such a condition is validly imposed. Construction lawyers do not generally advise on planning procedure; what matters to their clients is the effect that a habitat condition has on programme, cost, specialist procurement, risk allocation under the building contract, and the consequences of getting it wrong. This note covers those practical impacts for developers, funders, contractors, consultants and suppliers, with worked examples including the Lower Thames Crossing and the Connah’s Quay saltmarsh proposals. Carbon capture and greenhouse gas removal (GGR) issues are addressed separately in the companion Practice Note. Why BNG affects construction delivery In England, subject to exemptions and commencement and transitional provisions, grants of planning permission under the Town and Country Planning Act 1990 are deemed to be subject to the statutory biodiversity gain (BNG) condition introduced by the Environment Act 2021. In brief,