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PRECEDENTS
_______________________________________ [NAME OF PROJECT] NOTICE OF DISSATISFACTION WITH THE DAAB’S DECISION DAAB Reference No. [Number of reference] [Date] [Date of receipt of the DAAB’s decision: [Insert date of receipt of DAAB’s decision] OR Date by which the DAAB’s decision should have been received: [Insert date by which the DAAB’s decision should have been received]] _______________________________________ Dissatisfied
NEWS
Law360: Financial technology investment firm Faes & Co (London) Ltd dismissed its breach of contract claim against the bitcoin miner Blockware Solutions LLC in a joint stipulation which was filed in the federal court of Illinois, as it was recently ordered to take its claim to arbitration instead.
NEWS
Law360: Heathrow Express must fight off breach of contract claims a second time, after the Employment Appeal Tribunal (EAT) ruled that a previous judge wrongly ruled that several ex-employees of the fast train link to London's main airport had lost their lifelong travel benefits upon redundancy.
NEWS
Property analysis: Discussing the Court of Appeal decision in First Tower Trustees, Tom Merrick, senior associate at Lewis Silkin LLP advises that sellers and landlords need to take extreme care in ensuring that replies to pre-contract enquiries are accurate and up to date and be alive to the potential risks in enforcing non-reliance clauses.
NEWS
The Department for Energy Security and Net Zero (DESNZ) has published its response to the consultation, confirming its intention to proceed with proposed amendments that would enable existing nuclear generating stations to qualify for Contract for Difference (CfD) support for lifetime-extension activities. The government plans to lay regulations before Parliament to incorporate the consultation's policy proposals into national legislation, subject to Parliamentary approval.
NEWS
The Ministry of Housing, Communities and Local Government (MHCLG) has published phase one of the process evaluation for the Housing Infrastructure Fund Forward Funding (HIF‑FF) strand. This report examines the bidding, assessment and award process from the perspectives of both local authorities and UK government, covering the period from the first expression of interest through to contract award.
Q&As
In answering this question it will be relevant to consider: • whether the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations 2003) apply • whether a provision preventing a worker from working directly for a client of an employment business is void as a restraint of trade Conduct Regulations 2003 The Conduct Regulations 2003 govern the conduct of the private recruitment industry, and set minimum standards for employment agencies and employment businesses operating from premises in Great Britain (ie England, Wales and Scotland). They apply where an employment agency or an employment business provides work-finding services to a work-seeker. A recruitment business may be either or both of: • an ‘employment agency’, ie a business such as a recruitment consultancy which introduces work-seekers to employers; once taken on, the work-seeker becomes an employee of the company to whom they were introduced (this is usually known as 'permanent recruitment'), or • an ‘employment business’,
PRACTICE NOTES
Agricultural Holdings Act 1986 Under the Agricultural Holdings Act 1986 (AHA 1986), either the landlord or the tenant may ‘demand’ that the ‘rent properly payable’ in respect of the holding ‘from the next termination date’ should be determined by arbitration or by a third party. The ‘next termination date’ will be the earliest date on which the tenancy could have been determined by a notice to quit given at the date of demand. This is the first anniversary of the term date which is at least 12 months after the date of the rent review demand. This formulation means that the statutory machinery cannot be used to secure a rent review in the case of a fixed term tenancy, as only yearly tenancies (including fixed term tenancies which have been continued under AHA 1986, s 2 after the fixed term has expired) are determinable by notice to quit: the only exception would appear to arise where the fixed term tenancy is `broken' by a provision or event that determines it before the expiry of the full term. This has prompted
PRACTICE NOTES
FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions require secondary legislation from Scottish Ministers to be brought into force whereas some provisions relating to succession law came into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation. Revocation by the settlor Testamentary trusts Will trusts (or testamentary trusts) are capable of being revoked up until they come into effect on death. In simple terms, a Will (whether containing trust provisions or not) is superseded by a more recent testamentary writing. Whether that is technically a revocation of trust is another matter. However, a person may bind themselves during their lifetime to bequeath their estate in
NEWS
This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) made the first building liability order under the Building Safety Act 2022 (381 Southwark Park Road v Click St Andrews), a case in which the TCC refused to grant orders for information in connection with building liability orders (BDW Trading v Ardmore Construction), commentary on the Ministry of Housing, Communities and Local Government (MHCLG)’s response to the Grenfell Tower Inquiry Phase 2 report, release of the latest contracts in the Joint Contracts Tribunal (JCT)’s 2024 suite, an examination of the impact that the Arbitration Act 2025 (AA 2025) will have on emergency arbitrator provisions, a case in which the Commercial Court upheld a seller’s ability to claim in debt for the price of unpaid goods despite a retention of title provision in the contract of sale (CE Energy v Bashar), and publication by the Construction Industry Council (CIC) of the ‘Competence Framework for Sustainability in the Built Environment’.
PRACTICE NOTES
STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance is about public procurement under the Procurement Act 2023 (PA 2023). PA 2023 introduces dynamic markets. The concept itself is not a new one, dynamic markets replace dynamic purchasing systems (DPSs), which appeared in the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. For practical guidance on DPSs, see Practice Note: Introduction to framework agreements and dynamic purchasing systems. What are dynamic markets? A dynamic market is a list of pre-approved
NEWS
Law360: A UK judge ruled 23 April 2024 that a Sri Lankan shipping company cannot bring a claim against a London-based insurer in its home country over liability for a sunken container ship because the insurance contract is governed by English law.