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PRECEDENTS
[Insert in para 6.1 of response form ET3:] 1 Paragraph 1 of the Grounds of Claim is admitted. 2 It is admitted that there were terms of the Claimant's contract as set out at paragraph 2 of the Grounds of Claim. 3 Paragraph 3 of the Grounds of Claim is admitted. 4 It is admitted that the Claimant commenced her maternity leave on
PRACTICE NOTES
Quick summary A negative pledge is an undertaking frequently granted by a borrower on a loan transaction that it will not create security over its assets (subject to specified exceptions). Consequences for breach of the undertaking will differ for the borrower itself, the existing lender and the new chargee (who was granted the security in breach of the undertaking). For the borrower, the key risk is that breach of the negative pledge is likely to be an event of default, triggering such consequences as cross-default and enforcement. For the existing lender, the key risk is that it may find that the new chargee’s debt is paid in priority to the existing lender’s debt. For the new chargee, the key risk is that it leaves itself potentially liable for the tort of procuring a breach of contract or the tort of unlawful means conspiracy. What is a negative pledge and why are they taken? A negative pledge is a contractual undertaking which prohibits or restricts the
PRECEDENTS
NOTICE OF PROPOSED PAYMENT OUT OF CAPITAL FOR PURCHASE OF OWN SHARES [insert company name] Company number [insert company number] Registered office: [insert address] Pursuant to section 719 of the Companies Act 2006 (CA 2006), [insert name of company] (the Company) hereby gives notice
Q&As
The lift and shift clause is essentially a landlord’s break for redevelopment (albeit with an obligation for the landlord to grant a new lease of alternative premises). If the lease is validly contracted out the break is valid provided, of course, that the landlord complies sufficiently with the terms of the clause, including the notice provisions. The break is not void if the lease is not contracted out. However, if the tenant has protection under Part II of the Landlord and Tenant Act 1954 (LTA 1954), service of a contractual notice to exercise a break clause will (if it meets the contractual conditions) end the contractual term of the lease, but not the tenancy. The tenancy
NEWS
TMT analysis: From 12 September 2025, the cloud contracting landscape in the EU will undergo a notable shift, as the EU Data Act’s cloud switching provisions (Chapter 6) take effect. These rules mark a significant regulatory intervention at the contract layer and will be directly relevant for lawyers negotiating technology contracts with an EU nexus. Marija Nonkovic of Kemp IT Law considers the developments.
NEWS
On 16 May 2012, in dismissing the Shahs' claims for damages for breach of contract against HSBC, the High Court clarified duties to clients under the anti-money laundering (AML) regime. Taken as a whole, the decision in Shah is helpful to lawyers. It is, however, a clear reminder to lawyers of the importance of having effective AML procedures in place.
GLOSSARY
Memoranda of understanding are preliminary agreements that precede substantive contract negotiations.
Q&As
The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) enables qualifying leaseholders collectively to enfranchise and acquire the freehold of the building within which their flats are comprised. There are various formalities and qualification requirements which appear to have been complied within this scenario. LRHUDA 1993, s 13 provides for the right to claim collective enfranchisement by way of a notice (section 13 notice). Among other things, the notice must state who is to be the nominee purchaser. This may be the two leaseholders in this scenario, or it may be a company that has been
NEWS
Construction analysis: In this article, we look back on the key developments in construction law that emerged in the later months 2024, and look ahead to what may come in 2025.
NEWS
Commercial analysis: Dov Ohrenstein of Radcliffe Chambers considers the case of Peter Dunn v Kostas Kazolides which addresses interesting questions about limitation periods, insolvency, the formal requirements for the execution of deeds, and how variation to the contract between the principal debtor and creditor may discharge a guarantor.
NEWS
Commercial analysis: Lara Kuehl, barrister at Selborne Chambers, considers the case of J Toomey Moters Ltd and Another v Chevrolet UK Ltd, in which the Commercial Court considered a claim for breach of contract based on alleged express and implied terms of franchise agreements between the parties.
NEWS
Commercial analysis: This case was about the sale of an Old English Sheepdog puppy which had health problems and considered the application of the Consumer Rights Act 2015 (CRA 2015) in this context. The legal issues relating to the claim involve breach of contract, alleged misrepresentation, statutory remedies available under the CRA 2015 and damages. Written by Fred Philpott, barrister at Gough Square Chambers.