Construction analysis: The Technology and Construction Court (TCC) held that a consultancy agreement failed to provide a compliant final date for payment for the purposes of section 110(1)(b) of the Housing Grants, Construction and Regeneration Act 1996. The contractual mechanism allowed the final date for payment to move by reference to the timing of a payment application, while the due date remained fixed. As a result, the relevant provisions of the Scheme for Construction Contracts applied, which meant that the defendant employer’s pay less notices had been served out of time. The court rejected arguments based on contractual interpretation, estoppel by convention and a modified application of the Scheme, and also refused a stay of execution. The decision reinforces the strict approach taken in recent authorities to statutory payment regimes and contractual certainty.

The rule whereby, except with the consent of the Panel, all of the conditions to an offer must be satisfied or waived, or the offer must lapse, by midnight on Day 60 (Rule 31.1(a)).

A final dividend is typically approved by the shareholders following a recommendation from the board after the annual accounts have been drawn up and becomes a debt payable to shareholders once it has been approved. If a final dividend is declared under the terms of a resolution that states that it is payable at a future date then the dividend is due and payable only on that future date. Compare with interim dividend.

Family analysis: This case concerned an application, on behalf of the wife, to set aside a final order on divorce which had been granted after her solicitors mistakenly applied for a final order on behalf of the wrong client. Sir Andrew McFarlane, President of the Family Division, refused to set aside or rescind the final order of divorce. He held, with reference to Lord Justice Moylan’s analysis in Shahzad v Mazher, and emphasising the importance of certainty and finality surrounding orders concerning marital status, that ‘a final order of divorce made without procedural irregularity, should stand for all the world’. Rhiannon Guibert, consultant at Simons Muirhead Burton, considers the issues.

MLex: The EU's Artificial Intelligence (AI) Act is edging toward final approval after national governments received a revised text ahead of a key meeting this week, although concerns persist about protecting copyright and businesses' computer source code. The smoothed-out compromise text has been prepared for the final steps after EU lawmakers and governments reached a political agreement on the law, which puts obligations on AI systems based on how much risk they pose to citizens' health, safety and fundamental rights.

Where the parties to financial proceedings are unable to reach an agreement, and all other steps have been taken, the application will be listed for a final hearing for the court to determine the application.

This Practice Note provides guidance on the circumstances in which the court may grant a final (or perpetual) injunction. There is a great deal of crossover with the general principles set out in Practice Note: Injunctions—guiding principles and therefore this Practice Note should be read in conjunction with that guidance. For details on the principles and process applicable to interim injunctions, see Practice Notes: • Interim injunctions—the American Cyanamid guidelines • Interim injunctions—on notice applications For illustrative examples of cases in which the court has granted final injunctions, see Practice Notes: • Injunctions—illustrative decisions • Injunctions—key and illustrative decisions (September 2019–2024) [Archived] What is the procedure for obtaining a final injunction? The procedure for obtaining a final injunction can be similar to that involved in most court claims, with the issue and service of a claim form and particulars of claim and, if the matter is not suitable for earlier disposal (for example, by consent or summary judgment), a hearing consisting of oral evidence with cross-examination and speeches in the usual way. For guidance on starting

[enter name of beneficiary] [enter address of beneficiary] [enter date] Dear [enter name of beneficiary] The late [enter name of deceased] Thank you for

Case No. [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISION [INSERT COURT/LIST/SUB-LIST] Before: Date: BETWEEN: [insert full name of claimant]        Claimant and [insert full name of defendant]        Defendant __________________________________ ORDER __________________________________ UPON the trial of action [insert claim number] before [Mr OR Mrs OR Miss OR [insert other]] Justice [insert name] on [insert trial date]; AND UPON the Court giving judgment in the action on [insert date]; AND UPON the Court finding for the Claimant in respect of its claims for infringement of copyright; AND UPON HEARING [insert name], counsel for the Claimant, and [insert name], counsel for the Defendant; IT IS ORDERED THAT: Declaration 1 Copyright subsists in [insert details of work] (the Work) and is owned by the Claimant. 2 [Insert details of defendant’s acts] constitute [ [an act of OR acts of] ] infringement of the Claimant’s copyright in the Work. Injunction 3 The Defendant shall not (whether acting by its directors, officers, employees, servants, agents or any of them or otherwise howsoever) infringe the copyright in the Work. Delivery up or destruction 4 Within 28 days of the date of this Order, the Defendant shall, at its own expense and at the election of the Claimant, either:

Case No. [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISION [INSERT COURT/LIST/SUB-LIST] Before: Date: BETWEEN: [insert full name of claimant]        Claimant and [insert full name of defendant]        Defendant ________________________________________ ORDER ________________________________________ UPON the trial of action of this Claim [insert claim number] before [Mr OR Mrs OR Miss OR [insert other]] Justice [insert name] on [insert trial date]; AND UPON hearing [insert name] of Counsel for the Claimant(s) and [insert name] of Counsel for the Defendant(s); AND UPON the Court giving judgment in the action on [insert date]; AND UPON the Court finding for the Claimant in respect of its claims for database right infringement; [AND UPON the Court finding against the Defendant in respect of its counterclaim for [insert details of counterclaim];] IT IS ORDERED THAT: Declaration 1 Database right subsists in the [insert details of the database] and is owned by the Claimant. 2 [Insert details of defendant’s acts] constitute [an act of OR acts of] infringement of the Claimant’s database right. Injunction 3 The Defendant shall not (whether acting by its directors, officers, employees, agents or otherwise howsoever) infringe the Claimant’s database right. Delivery up or destruction 4 Within 28 days of

Claim No. [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISION [INSERT COURT/LIST/SUB-LIST] Before: Date: BETWEEN: [insert full name of Claimant] Claimant and [insert full name of Defendant] Defendant ________________________________________ ORDER ________________________________________ UPON the trial of this Claim on [insert trial dates] before [insert title and name of judge]; AND UPON the Judgment being handed down by the Court on [insert date]; AND UPON the Court finding infringement of UK Registered Design No. [insert number] and infringement of the UK and supplementary unregistered design rights in the Design; AND UPON the Court finding that the Registered Design was validly registered; AND UPON HEARING [insert name], counsel for the Claimant, and [insert name], counsel for the Defendant; IT IS ORDERED THAT: Injunctions 1 The Defendant shall not, whether acting by its directors, officers, servants and/or agents, or otherwise howsoever: 1.1 infringe the Registered Design; 1.2 infringe the UK unregistered design rights in the Design; 1.3 infringe the supplementary unregistered design rights in the Design. 2 Within 28 days of the date of this Order the Defendant shall, at its own expense and at the election of the Claimant, either: 2.1 Deliver up and forfeit to the Claimant, at an address in the UK to be nominated

Case No. [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISION [INSERT COURT/LIST/SUB-LIST] Before: Date: BETWEEN: [insert full name of claimant] Claimant and [insert full name of defendant] Defendant ________________________________________ ORDER ________________________________________ UPON the trial of action [insert claim number] before [Mr OR Mrs OR Miss OR [insert other]] Justice [insert name] on [insert trial date]; AND UPON the Court giving judgment in the action on [insert date]; AND UPON the Court finding for the Claimant in respect of its claims for infringement of UK registered trade mark no. [insert number] (the Trade Mark) and for passing off; AND UPON the Court finding against the Defendant in respect of its counterclaim for [invalidity and/or revocation] of the Trade Mark. IT IS ORDERED THAT: Injunctions 1 The Defendant shall not (whether acting by its directors, officers, employees, agents or otherwise howsoever): 1.1 infringe the Trade Mark anywhere in the United Kingdom; 1.2 pass off any goods or services as goods or services of the Claimant or as goods or services authorised or approved of by the Claimant or as being in some other way connected in the course of business with the Claimant