Section 82(2) of the Consumer Credit Act 1974 (CCA 1974) says where an agreement (which the CCA 1974 calls a ‘modifying agreement’) varies or supplements an earlier agreement, the modifying agreement (for the purposes of the CCA 1974) is treated as (a) revoking the earlier agreement and (b) containing provisions reproducing the combined effect of the two agreements, and obligations outstanding under the earlier agreement are treated as outstanding instead under to the modifying agreement. It is therefore well-accepted that there can only be a modifying agreement, or a new regulated credit agreement, where there is an ‘agreement’ (ie a contract). For there to be a contract, there must be (a) an offer, (b) acceptance of that offer, (c) consideration and (d) an intention to create a legal relationship. To avoid needing to enter into a modifying agreement, or a new regulated credit agreement, firms normally try to offer

In recent months, the global demand for construction products has exceeded supply, causing a shortage of materials that has put pressure on the UK construction sector. The materials affected include timber, steel, cement, paints, and electrical components. Several factors have contributed to this imbalance of supply and demand, including the coronavirus (COVID-19) pandemic, and the effects of Brexit. Under most forms of construction contract (including those in the Joint Contracts Tribunal (JCT) and NEC suites), the Contractor is responsible for providing the goods and materials needed to complete the works. Many Contractors will therefore wish to confirm whether they are entitled to: • additional time to complete, to allow for delays caused by material shortages (eg where materials are unavailable or subject to unusually long lead or delivery times), and/or • recover their delay-related costs In this answer, we have considered the position under the JCT Standard Building Contract (SBC) 2016

[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent [at its [insert details, eg London office]] as a [insert job title, eg receptionist] from [insert date] until [his OR her OR their] dismissal on [insert date]. The Respondent is [insert brief description of the nature of the Respondent, eg a global law firm]. [ The contract of employment ] 2 [The Claimant’s contract of employment included a notice period of [insert details, eg three months].] 3 [Insert details of any other relevant contractual terms, eg ones that refer to absence management rules or procedures of relevance to the issues in question.] [ The Respondent’s absence management policies and/or procedures ] 4 [Insert details of any relevant policies or procedures and any specific provisions within them that are relevant to the claim that the dismissal was unfair.] The

FORTHCOMING CHANGE: The Welsh government is continuing to review the availability of multiple dwellings relief with an announcement expected in Spring 2025. This Practice Note provides an overview of land transaction tax (LTT) which replaced stamp duty land tax (SDLT) in Wales with effect from 1 April 2018. Three other Practice Notes focus in more detail on particular aspects of the tax: • Wales: Land transaction tax (LTT)—chargeable consideration and rates of LTT • Wales: Land transaction tax (LTT)—particular transactions and tax payers, and • Land transaction tax (LTT)—administration and compliance Background The Wales Act 2014 contains provisions for the disapplication of SDLT in Wales from 1 April 2018 and the ability for Welsh Government to introduce its own tax on transactions in land in Wales. Legislation for LTT is contained in the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 (LTTADT(W)A 2017) which received Royal Assent on 24 May 2017. Legislation for the administration of taxes in Wales and the formation of the Welsh Revenue Authority

Introduction One of the most important considerations to be mindful of when negotiating, drafting or amending a contract, either to establish a relationship or to govern the terms of a particular project or statement of work, is one that may not be immediately important to, or, hopefully, ever invoked by, the parties—the disputes resolution clause and governing law. In many jurisdictions, there is a historic tradition of empowering parties to choose for themselves where and how their disputes, should they occur, be resolved. These choices fall within the idea of freedom and capacity to contract and may generally be made without regard to the actual location of the parties (or their tangible ties) or where the activities concerned will occur. Selecting ‘where’ and ‘how’ is a crucial choice: the former refers to the forum where a dispute will be litigated, while the latter is which set of laws will be used to

Requirements for lawful processing of personal data An organisation cannot simply process personal data because it wishes to do so. It can only process personal data if it satisfies one of the conditions set out in Article 6(1) of Regulation (EU) 2016/679, General Data Protection Regulation (GDPR). These are commonly known as the ‘lawful grounds’, ‘legitimate grounds’ or ‘conditions’ for processing. Under the GDPR, there are six potentially lawful grounds for processing personal data, as set out in Practice Note: How to process personal data lawfully: • the data subject has given consent to the processing of their personal data for one or more specific purposes—see section in the above Practice Note: How to process personal data lawfully—Consent • processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject before entering into a contract—see

Data Protection Act 1998 It is the data controller's responsibility to comply with the Data Protection Act 1998 (DPA 1998) rather than the data processor. Therefore, it must ensure that it imposes all necessary obligations in relation to data protection on the data processor through a contract. The relationship between controller and processor is reflected in the seventh principle of DPA 1998, which requires the data controller, where it appoints a data processor to (among other things): • carry out the processing under a contract made or evidenced in writing • require the data processor to act only on instructions from the data controller, and • require the data processor to comply with obligations equivalent to those imposed on the data controller by the seventh principle For

Warranties are assurances or promises given by a party to a contract, breach of which will give rise to a right to the other party to claim damages (and if expressly provided by the terms of the agreement, the right to terminate). The specific warranties which should be included in each case will depend on the particular goods or services being provided. A warranty is ultimately a matter for commercial negotiation, and the type of warranty given in a given contract will be dependent upon the nature of the goods or services supplied, the commercial terms agreed and the bargaining strength of the parties. There are implied terms incorporated into contracts for the sale and supply of goods and contracts for the supply of services by the Sale of Goods Act 1979 (SGA 1979) and the Supply of Goods and Services Act 1982 (SGSA 1982). However, parties tend to negotiate

The legal consequences of withdrawing an offer of employment will generally depend on the specific circumstances of the offer and the reasons for withdrawing it. Of immediate relevance is likely to be whether, in consequence of the offer being made, a contract of employment has been formed. An offer of employment can be made orally or in writing, although, obviously, where an offer is made orally there is a risk the parties don’t concur on what the precise terms of the offer are/not all the terms of the offer have been fully identified, and that the parties proceed on different understandings. In the normal course, however, once an offer of employment has been accepted and any applicable conditions have been met, a binding contract of employment is formed. For

The right for an employee to take time off from work for holidays may arise under contract or statute. While the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 provide for a minimum entitlement to holiday, an employee or worker's contract may entitle them to more generous holidays. For further information, see Practice Note: Dealing with stress and mental ill health in the workplace, in particular the main sections dealing with ‘Statutory holiday entitlement’ and ‘Contractual holiday entitlement’. Stipulating when an employee must take holiday The WTR 1998 permit an employer to specify when during the year holiday must be taken (eg during an annual shutdown period), or when it cannot be taken (eg at the financial year end or in busy retail periods) (see WTR 1998, SI 1998/1833, reg 15(2)). The WTR 1998 set out a procedure and timescales for the employer to notify the employee when it does or does not want the employee to take leave (WTR

Broadly, the off-payroll IR35 regime applies to engagements under which: • an individual personally performs (or is obligated to personally perform) services for an end client • the services are not provided pursuant to a direct contract between the individual and the end client but under arrangements involving a third party • the end client is either a public authority or a medium or large private sector entity that has a UK connection • the circumstances are such that if the services were provided under a direct contract between the individual and the end client, the individual would be regarded as an employee or office holder of the end client for income tax and/or NICs purposes (or, if the individual is already an office holder of the end client, the services relate

There are two parts to this Q&A: (i) does a cheque constitute a ‘thing in action’; and (ii) if that cheque is drawn solely in respect of damages for some personal injury suffered by the bankrupt, are the funds required to be paid to the bankrupt? A cheque is a bill of exchange payable on demand. When a cheque is delivered, it constitutes a ‘thing in action’ which the payee can enforce against the payor (R v Preddy). As such, where a dispute arises in relation to a contract for the sale of goods or services and where payment is made by cheque, two separate contracts arise: (i) the contract for the provision of goods or services; and (ii) the unconditional promise to pay on the cheque. The payee may, therefore, elect either to sue on the cheque