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GLOSSARY
Another name for project overhead costs, ie those costs incurred during the project which are not directly linked to construction activity (for example, the rental of the contractor's buildings and general support and supervisory staff costs).
PRACTICE NOTES
This Practice Note outlines key requirements and considerations in relation to disciplinary and grievance procedures in general terms. It sets out the benefits of well-drawn, written disciplinary and grievance procedures. It deals with the requirement to include certain details of discipline and grievance procedures in written statements of particulars, the key principles of procedures, outlines the effect of the Acas Code of Practice on Disciplinary and Grievance Procedures and the statutory right to be accompanied. It considers the use of disciplinary warnings, contractual challenges where procedures are contractual and the impact of the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR). Many employers have their own procedures for dealing with disciplinary issues or for employees to raise grievances. These tend to be contained in employee handbooks or staff manuals. In some organisations, they may be made available by alternative means, eg on corporate intranets. It is important to implement well-drawn, written disciplinary and grievance procedures for at least three reasons: • they provide a clear framework for
PRACTICE NOTES
Forthcoming developments: the Home Office has issued a policy paper and consultation around its ‘Earned Settlement’ proposals, which would significantly revise the eligibility requirements for settlement in all routes, including extending the qualifying period of residence for many applicants. The proposed regime was initially announced in the Immigration White Paper in May 2025, and a 12-week consultation ended on 12 February 2025. See: Government announces consultation for earned settlement reforms and Exploring the earned settlement proposals. In a separate development also anticipated in the White Paper, the minimum required level of English language for main applicants and adult dependants is to rise to B2 on the Common European Framework for languages (CEFR) from 26 March 2027. See Practice Note: Immigration White Paper 2025—summary, tracker and resources. This Practice Note examines the key common requirements for settlement applications in relevant work, business and investment (hereafter ‘economic’) categories in the Immigration Rules. All routes which have been ‘simplified’ for the post-Brexit Immigration system now refer to indefinite leave to
PRACTICE NOTES
Background to the Volcker Rule and implementation The rules which came about from the so-called Volcker Rule provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (Dodd-Frank) were approved by the US regulators on 10 December 2013, and came into force on 1 April 2014. The essential aim of the Volcker Rule is to remove the ability of US banks to engage as principal in certain trading or investment fund-related activities. The final rule allowed a conformance period until 21 July 2015, to enable banking entities to come into compliance with its prohibitions on proprietary trading and on covered fund ownership and sponsorship. General requirements of the final rule The Volcker Rule, section 619 of Dodd-Frank, added a new section 13 to the Bank Holding Company Act of 1956 (BHC Act) which generally prohibits any banking entity from engaging in proprietary trading or from acquiring or retaining an ownership interest in, sponsoring, or having certain other relationships with a hedge fund or private equity fund
PRECEDENTS
[Letterhead] Dear [insert client’s name] [Insert summary of the scope of services covered by the general retainer] This general retainer letter and the attached Terms of Business explain the basis on which we will act for you in connection with [insert summary of the scope of services covered by the general retainer]. A detailed scope of the services covered by this general retainer is set out at section 1 below. Together, this general retainer letter and attached Terms of Business form the contract between us. This is not a [Non-contentious OR Contentious] business agreement within the terms of the Solicitors Act 1974. Please contact me if you have any difficulty understanding this letter or other information we may provide, eg if you require information to be provided in larger text, another format or a different language. 1 Scope of services and limitations This general retainer applies to [insert a detailed description of the scope of services covered by the general retainer] (the ‘Services’). We will provide the Services with reasonable care and skill. However, the nature of many types of legal work means that
PRECEDENTS
This Precedent is intended for law firms. It is available in
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is for historical purposes only. CPR provisions The provisions relating to general rules about costs will continue to be found in CPR 44. The part has been reordered to make it more intuitive to work through. Fundamental changes in relation to the rules in Part 44 are: • renumbering—the CPR Committee has taken the opportunity to renumber the rules so they run consecutively without the need for additional letters to differentiate rules such as CPR 44.3A • new provisions—there are a number of either completely new provisions or provisions which have been brought in from other parts: ◦ court's discretion as to costs at CPR 44.2. Rules 44.3A and 44.3B are now obsolete. CPR 44.3C has been moved to CPR 46.7 ◦ basis of assessment at CPR 44.3 contains new provisions in relation to proportionality ◦ amount of costs payable pursuant to a contract is now at CPR 44.5. This was previously a provision in Part 48 ◦ qualified one way costs shifting
PRACTICE NOTES
This Practice Note provides a simplified and brief summary of the general rules of contract interpretation. Although there is no simple set of rules to follow in respect of how terms may be construed and interpreted (as much will depend on the individual facts of the case), some general principles and rules of contract interpretation have been developed by a considerable body of case law. The key cases are discussed below. Investors Compensation Scheme v West Bromwich Building Society The following five principles set out by Lord Hoffman in Investors Compensation Scheme v West Bromwich Building Society have become the leading statements on the interpretation of contracts: • it is an objective test as to what a reasonable person, having all the background knowledge reasonably available, would have understood the contract to mean at the time of contracting • account can be taken of background knowledge and matrix of fact, where such is relevant • previous negotiations and subjective intent are excluded (with a few exceptions—eg rectification cases) • the meaning of words used is to be
PRECEDENTS
Introduction This legal due diligence questionnaire relates to the proposed purchase by [insert buyer name] (the Buyer) of the entire issued share capital of [insert name of target company] incorporated in England and Wales under number [insert company number] (the Company) from [insert seller name] (the Seller) (the Proposed Acquisition). This questionnaire is designed to enable the Buyer, the Buyer's solicitors and other professional advisers involved in the Proposed Acquisition to obtain the information which the Buyer requires in relation to the Company’s share award scheme(s) to assist in the valuation of the Company and assessment of the risks associated with the Company’s share award scheme(s). Please answer every question fully. Please provide your answers in italics underneath each question and provide copies of all relevant documentation, ensuring that all answers and documents are clearly marked by reference to the appropriate paragraph of this questionnaire. We reserve the right to raise further enquiries in respect of both your responses to this questionnaire and generally. Definitions Awards • means the respective rights to acquire Award Shares granted to each Award Holder
PRACTICE NOTES
This Practice Note provides guidance on the d United Kingdom-United States Economic Prosperity Deal (UK-US EPD). As such, it provides guidance on the legal effect of the UK-US EPD, the effect on the US tariffs announced in 2025, the general terms of negotiating the eventual UK-US EPD as it relates to the main aspects of trade between the UK and US. Introduction Since taking office in 2025, President Trump has imposed significant tariffs on goods entering the US. It commenced with a 10% tariff on all goods from China, which was increased until it reached 145%. President Trump also increased tariffs on certain products entering the US from any nation. In March 2025, a 25% import tax on steel and aluminium took effect. Likewise, all imported vehicles faced a 25% import duty as from April 2025. In addition, in early April a baseline tariff of 10% would apply to imports of all products from almost all nations. Shortly thereafter, President Trump announced what is termed ‘reciprocal tariffs’ on a host of countries. In many
PRECEDENTS
1 Policy statement 1.1 It is the policy of [firm name] (‘the firm’) to conduct its business in compliance with the highest professional standards. We are committed to acting professionally, fairly and with integrity in all our business dealings and relationships. This document describes our approach to managing undertakings. See also our separate Undertakings policy for property transactions. 1.2 The purpose of this policy is to: 1.2.1 set out our responsibilities and the responsibilities of those working for us, in observing and upholding our position on undertakings; 1.2.2 provide information and guidance on how to deal with undertakings. 2 Definitions In this policy: 2.1 third party • means any individual or organisation with which you come into contact during the course of your work with the firm—this includes actual and potential clients, other solicitors, suppliers, distributors, business contacts, agents, advisors, and government and public bodies including their advisors, representatives and officials, politicians, and political parties; 2.2 solicitor • means a person who has been admitted as a solicitor of the Senior Courts of England and Wales and whose name is on the roll. 3 Responsibilities 3.1 The compliance officer for legal practice (COLP) is responsible for this policy and for
GLOSSARY
A general verdict is the jury’s overall decision on the ultimate issues in a case, usually expressed simply as “guilty” or “not guilty” in criminal proceedings, or “for the claimant/plaintiff” or “for the defendant” in civil proceedings. It does not set out findings on specific questions of fact or law, unlike a special verdict or answers to specific issues.In England and Wales, Scotland, Northern Ireland and Ireland, the term is used in both criminal and civil jury trials, though jury use in civil cases is now limited. In criminal trials, the general verdict determines conviction or acquittal on each count of the indictment or charge, and is central to sentencing, appeal and double jeopardy considerations. The expression “general verdict” is largely descriptive rather than a defined statutory term, though its operation is reflected in criminal procedure legislation and rules of court in each jurisdiction. In civil practice, its relevance is mainly historic or in niche areas (for example, defamation jury trials in some jurisdictions). The concept remains important in appellate analysis, directions to the jury and in distinguishing between jury determinations and judicial decisions on law.