Special conditions of sale Subject to the overriding requirement that all GENERAL CONDITIONS and SPECIAL CONDITIONS must be SALE CONDITIONS (as defined in the glossary), words that are neither in square brackets nor in italics constitute the SPECIAL CONDITIONS applicable to the relevant LOT. (Cross-references to CONDITIONS in the template that follows are for convenience only and are not intended to be comprehensive.) LOT Number [insert] Name and address of SELLER [Undisclosed—to be identified in the SALE MEMORANDUM. OR [insert name of seller] of [insert address of seller]] Name, address and reference of SELLER’S conveyancer [insert name] of [insert address][insert reference] Brief description of the LOT (see CONDITION G1.1) [insert postal address] Rights to be granted (see CONDITION G1.1) [None OR [Insert details]]. Rights to be reserved (see CONDITION G1.1) [None

This Q&A covers the approach of the courts in England and Wales. Jurisdiction agreements Choosing non-exclusive jurisdiction is intended to enable either party to bring proceedings against the other, either in the courts of the jurisdiction set out in the jurisdiction clause or in the courts of any other country that has jurisdiction under its own jurisdictional rules (the party bringing the proceedings need not do so in the courts stated to have non-exclusive jurisdiction in the jurisdiction clause). The sentence: ‘...the party bringing the proceedings need not do so in the courts stated to have non-exclusive jurisdiction in the jurisdiction clause.’ explains that where a non-exclusive jurisdiction clause is chosen and that clause

Law360: France's highest court has refused to revive a €452m (US$459m) award issued to French electronic component distributor Sorelec following a dispute with Libya stemming from a school construction contract, counsel for the state said on 9 September 2022.

The Pre-Action Protocol for Debt Claims (the Debt Protocol) came into force on 1 October 2017. The Debt Protocol is not a general protocol which applies to all debts. On the contrary, the type of debt to which it applies is severely restricted by Pre-Action Protocol for Debt Claims, para 1.1. By virtue of this paragraph, the Debt Protocol only covers debts claimed by a business creditor against an individual debtor. ‘Business’ expressly covers a sole trader or public body (and therefore includes a company or partnership). ‘Individual’ is also stated to include a sole trader. It follows that the following categories of debt are excluded from the application of the Debt Protocol altogether: • debts claimed by individuals (other than sole traders) • debts claimed from a business entity (other than a

If an employee is dismissed on notice by reason of redundancy, they will be entitled to a statutory redundancy payment if they meet the necessary qualifying criteria (section 135(1)(a) of the Employment Rights Act 1996 (ERA 1996)). These are explained in Practice Note: Entitlement to statutory redundancy payment. The employee’s contract of employment may govern payment terms during the notice period, but entitlements during the statutory notice period are in any event subject to certain minimum requirements (ERA 1996, ss 87, 203). See further, below, in relation to the right to pay during the statutory notice period. Employee laid off or put on short time An employer will be in breach of contract if it purports to suspend the employee’s contract of employment without a contractual right to do so. For further information, see Practice Note: Redundancy payments for lay-offs and short-time,

It is assumed that the contract is a business-to-business commercial contract. You may wish to consider the following: • Brexit—warranty for commercial contracts clause [Archived] and its accompanying Drafting Notes. Under this clause, each party is required to warrant whether a Brexit event will (materially or otherwise) affect their ability to perform their respective contractual obligations. Breach of a warranty will give rise to a right to the other party to claim damages (and only if expressly provided by the terms of the agreement, the right to terminate. However, more practically, the inclusion of the clause is to focus the minds of the parties on their ‘readiness’ for Brexit and their ability to warrant whether a Brexit event will impact the contract so that the parties can prepare contractual solutions to

Personal representatives Clause ‘1.2 In this agreement:… …1.2.6 [a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;]’ Note ‘This clause extends the meaning of party for the purpose of an agreement to include a party’s personal representatives, successors and permitted assigns. An extended meaning of party may not be appropriate in every case. In particular, careful consideration should be given to any assignment clause in the agreement and the circumstances in which an assignment may take place in accordance with its terms.’ Explanation The common law doctrine of privity of contract is that the terms of a contract can only be enforced either by or against someone who is a party to the contract (ie A and B) and not by or against a third party (ie C) (subject to some limited exceptions and subject also to when the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) which provides a statutory

A contractor may be entitled to an extension of time due to coronavirus where, for example: • labour supply is affected • material supplies are delayed by supply chain issues affected by overseas governments exercising statutory powers • the site is closed partially or wholly or restrictions are placed • government exercise of statutory powers The terms of the contract will determine the routes available to a contractor. This Q&A looks at the provisions in the two forms most commonly used in the United Kingdom—the JCT contracts and NEC contracts. JCT contracts Under the JCT Standard Building Contract 2011/2016 there are three possible avenues for a contractor to make a claim for an extension of time: Force majeure ‘Force majeure’ is not defined in the standard JCT contract (it is advisable to check any schedule of amendments for a definition) but does constitute a ‘Relevant Event’. So long as the

A warranty is a contractual statement or assurance given by the seller to the buyer that a certain state of affairs exists. If the warranty is not true, the buyer may have a claim for breach of contract. A representation is a statement of fact or opinion, which is made by the seller prior to a contract being entered into. If the representation is false, and it was relied on by the buyer when entering into the contract, the buyer may have a claim for misrepresentation. For more on pre-contractual statements and representations, see Practice Note: Pre-contractual representations and statements. The distinction is important because the remedies available to a claimant differ depending on the claim. For breach of warranty: For misrepresentation: A claim must be brought within six

There are two parts to this Q&A. The first is whether the employer can rescind the award of an extension of time and the second is what happens if the contractor has relied on the extension of time granted. Power to rescind the award of an extension of time The answer to this part depends entirely on the terms of the contract pursuant to which the extension of time was granted. The first point to make is that this question assumes that the employer is in a position to rescind the grant of the extension of time. This can only be possible if there is no independent certifier under the contract and the employer is responsible for assessing and for awarding extensions of time. If there was an independent certifier such as an architect, contract administrator or engineer, then decisions regarding the award of an extension would be made by that independent certifier. The

A settlement agreement, unless executed as a deed, is a contract entered into between parties to a dispute. As such, the usual principles of contract law and the usual requirements of contract formation will apply. This means that where the requirements of formation are met, and with some exceptions (such as uncertainty or illegality), the parties to the agreement are free to agree terms as they see fit. It also means that the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) is engaged. The key considerations when drafting a settlement agreement will be the same as for other contracts and will include identifying and defining the appropriate parties to the agreement. The parties to the agreement will not necessarily include all the parties involved in the dispute and it may

In a public procurement exercise regulated by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 , a contracting authority may award a contract to a tenderer that: • is not excluded • meets the selection criteria, and • satisfies any non-discriminatory rules and criteria applied for limiting the number of candidates (where applicable) PCR 2015, SI 2015/102, reg 57(8)(g), which derives from Article 57(4)(g) of Directive 2014/24/EU, permits contracting authorities to exclude an economic operator from participation in a public procurement procedure on the grounds that the economic operator has shown ‘significant or persistent deficiencies in the performance of a substantive requirement under a prior public contract...which led to early termination of that prior contract, damages or other comparable sanctions.’ Express provision to exclude a bidder for poor performance in previous contracts was introduced by the PCR 2015, SI 2015/102 in order to drive value and