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PRECEDENTS
1 Health and safety [Customer Policies • means the policies of the Customer, current copies of which are set out in [insert schedule reference], and as the same may be updated from time to time by the Customer[ and notified in writing to the Supplier];] Health
NEWS
Law360: The EAT upheld on 6 May 2025 the right of journalist Saima Mohsin to pursue in England claims of discrimination and unfair dismissal against CNN's international arm, despite her contract being governed by US law and most of her work having taken place in Asia.
NEWS
The International Swaps and Derivatives Association (ISDA) has published its Notices Hub legal survey results that was conducted among its high-level e-contract opinions counsel. The survey aimed to determine whether there are any impediments to the effective delivery of a notice through the ISDA Notices Hub.
NEWS
Law360, London: The owner of a grounded cargo vessel told a London appeals court on 21 October 2025 that MS Amlin Marine NV should have to provide cover over the incident, because a 'draconian' clause that would allow the insurer to escape paying up was buried away in the contract.
NEWS
Ofgem has opened a consultation on its proposed changes to the guidance for the Operational Performance Regime, which financially incentivises the Data Communication Company’s performance across system performance, customer engagement and contract management. The final version of the guidance is due to be published in March 2024. Deadline for responses is 23 February 2024.
FLOWCHARTS
This flowchart sets out the process for claims by the Contractor or Employer under clause 20.2 of the FIDIC Red and Yellow Books 2017, which applies to:
PRACTICE NOTES
Enforceability of contracts Some credit hire agreements have been vulnerable to attack as unenforceable where the credit hire company has failed to comply with certain regulations, concerning either the agreement itself or the formalities. The significance of an agreement being unenforceable, as against the hirer, is that in such circumstances the hirer has suffered no loss and has no right to recovery. Consumer Credit Act and exempt agreements As was confirmed in the House of Lords in the case of Dimond v Lovell, such hire agreements are credit agreements and are subject to the Consumer Credit Act 1974 (CCA 1974) (as amended by the Consumer Credit Act 2006) unless the terms meet the conditions for exemption. If the agreement is found not to be exempt, and is therefore a regulated agreement, it is likely to be found to be improperly executed, pursuant to CCA 1974, s 61(1)(a) for failing to state the 'total cash price for the services' at that stage. However, the Court of Appeal in Clark v Tull (trading as Ardington Electrical Services)
Q&As
The Consumer Rights Act 2015 (CRA 2015) lays out remedies available to consumers for breach of their statutory rights. The remedies differ for goods, services and digital content. This Q&A does not consider digital content. Remedies for non-conforming goods The statutory remedies under CRA 2015 include: • the short-term right to reject the goods (see CRA 2015, ss 20 and 22) within the first 30 days from the date of delivery (see CRA 2015, s 22(3)) • the tiered remedies, consisting of first tier remedies—right to repair or replacement, and second tier remedies—right to price reduction or final right to reject (see CRA 2015, ss 20 and 23–24) Where the goods are hired (as defined in CRA 2015, s 6), a consumer's right to the above remedies is unaffected, save to the extent that any refund entitlement extends only
PRECEDENTS
1 Criminal record disclosure and DBS checks The position for which you are being [employed OR offered employment] is exempt from the Rehabilitation of Offenders Act 1974.[ It is prescribed in the Police Act 1997 (Criminal Records)
CHECKLISTS
STOP PRESS: From 1 October 2026, section 48 of the Border Security, Asylum and Immigration Act 2025 (inserting sections 14A and 15A of the Immigration, Asylum and Nationality Act 2006) extends right to work civil penalty liability in certain contractual arrangements, including where a supplier which, having contracted to provide services to a customer, engages a subcontractor to perform all or part of those services. Although the subcontractor remains responsible for carrying out prescribed right to work checks on individuals it employs or engages to perform the subcontracted services, the supplier may be treated as 'employing' any individual who personally performs the services and so may also be held liable for illegal working unless it satisfies the prescribed requirements for establishing a statutory excuse. The extended liability requirements apply to relevant contractual arrangements entered into on or after 1 October 2026. See News Analysis: Extended scope of the right to work regime: how will it work in practice? and LNB News 14/09/2026 18 for further information. This
PRECEDENTS
Pre-construction services agreement This Deed is made on [insert date of agreement] Parties 1 [insert name] (company number [insert number]) whose registered office is at [insert address] (the Employer, which term shall include all permitted assignees or transferees under this Agreement); and 2 [insert name] (company number [insert number]) whose registered office is at [insert address] (the Contractor). Whereas (A) The Employer intends to proceed with the Project. (B) The Employer wishes to engage the Contractor to provide the Services during the Pre-Construction Phase of the Project. (C) The Contractor has agreed to provide the Services and the Employer has agreed to pay the Contractor for the Services in accordance with the terms of this Agreement. This deed witnesses: 1 Definitions and Interpretation 1.1 In this Agreement the following expressions shall have the following meanings: Agreement • means this agreement together with all Recitals and Schedules annexed hereto; Architect • means the person identified as such in Schedule 1 Part B, or such other person as the Employer may appoint to act as the Architect for the Project and notify to the Contractor; [Building Safety Regulator • means
Q&As
Stamp duty land tax (SDLT) arises on chargeable transactions and is calculated by reference to the rates set out in section 55 of the Finance Act 2003 (FA 2003). For the difference between residential and non-residential property, see Practice Note: SDLT—residential property vs non-residential property, where it is noted that the question as to whether a property