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PRECEDENTS
Unincorporated charity (trust) [Trustee 1], [Trustee 2], [Trustee 3], [etc] all care of [insert charity's address] (in their capacity as trustees of the [insert name of charity]) (a charity registered in England under registered charity no. [insert number]). Unincorporated charity (unincorporated association) [insert name] [of [insert personal address]], [insert name][ of [insert personal address]], [insert name][ of [insert personal address]], [etc][ all care of [charity’s address]] (in their capacity as trustees of the [insert name of charity]) (a charity registered in England under registered charity no. [insert number]). Charitable company [insert company name] (a charitable company registered in England and Wales (Company No. [insert number] and registered charity no. [insert number])) whose registered office is at [insert address]. Official Custodian for Charities The Official Custodian for Charities of the Charity Commission of [insert relevant Charity Commission Office] in whom the Property as defined in the relevant document is [to be] vested
NEWS
This week's edition of Energy weekly highlights includes: several announcements from the Department for Energy Security and Net Zero (DESNZ) on the Contracts for Difference (CfD) scheme, namely: (1) publication of the Contract Budget Notice and accompanying explanatory note for Allocation Round 7 (AR7), and (2) issuing updated supply chain plan guidance for solar projects of 300MW or more applying in the Allocation Round 8 (AR8), anticipated in 2026. In addition this week, Ofgem has rejected CUSC Modification Proposal 444 (CMP444) which, if approved, would have imposed a cap and floor on generation Transmission Network Use of System (TNUoS) charges, following the government’s decision not to introduce zonal pricing in its Review of Electricity Markets (REMA) 2025 summer update.
PRACTICE NOTES
Part-time workers have the right not to be treated less favourably (see Less favourable treatment and the pro-rata principle below) than a comparable full-time worker (see Comparable full-time worker, below) in relation to certain employment-related matters under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTW Regs 2000), SI 2000/1551. They also have the right to request from their employer a written statement giving reasons for any less favourable treatment to which they have been subjected (see The right to a written statement giving reasons for less favourable treatment, below). Part-time workers are also protected against victimisation by their employer (consisting of subjecting the worker to a detriment or dismissing the worker) for having exercised or sought to exercise their rights under PTW Regs 2000 (see under Tribunal claims, below). In some circumstances, part-time workers may have the right to bring, under the Equality Act 2010 (EqA 2010), a claim for indirect discrimination, or an equality of terms claim, in relation to less favourable treatment they have experienced. Full-time employees who wish to change the terms of
PRACTICE NOTES
This Practice Note considers the legal and practical issues faced by an employer when managing the use of alcohol and drugs in the workplace. Legal framework Under the Health and Safety at Work etc Act 1974 (HSWA 1974), all employers have a general duty to ensure the health, safety and welfare of their employees. If an employer knowingly allows an employee under the influence of alcohol or drugs to continue working and this places the employee or others at risk, the employer could be liable to enforcement action, including prosecution, under HSWA 1974. Employees are also required to take reasonable care of themselves and others who could be affected by what they do. They, too, could be liable to prosecution if their alcohol consumption or drug-taking puts safety at risk. Employees must also co-operate with their employer so far as is necessary to enable the employer to perform or comply with statutory duties and/or requirements under relevant statutory health and safety provisions. For further information on health and safety in the workplace generally,
PRACTICE NOTES
This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers: • Application of the UDRP • Purpose of the UDRP • UDRP provisions • UDRP—what the Complainant has to prove (three-stage test) • UDRP first element (Complainant’s rights) • UDRP second element (Respondent’s rights) • Evidence of bad faith • UDRP process Application of the UDRP The UDRP process provides a dispute resolution procedure primarily aimed at resolving claims of abusive or bad faith domain name registration. It applies to all generic Top Level Domain (gTLD) names (examples include .com, .net, .org, and all new gTLDs) operated under contract with Internet Corporation for Assigned Names and Numbers (ICANN). It also applies to country code Top Level Domains (ccTLDs) that have adopted the UDRP on a voluntary basis. Where the gTLD is operated under contract with ICANN, the UDRP is required to be incorporated into the contract of registration for each gTLD domain name (for a list of such gTLDs, see ICANN’s Registry Listing
PRACTICE NOTES
This Practice Note considers the ‘doctrine of separability’ of arbitration agreements in international arbitration. The doctrine of separability The ‘doctrine of separability’ treats an agreement to arbitrate contained within a contract as an independent agreement that is deemed to be separable from the main contract. The doctrine preserves the validity and enforceability of arbitration as the chosen mechanism for resolving disputes, even if the main contract is invalid and unenforceable. As a consequence of the doctrine, an arbitration agreement may still be valid and enforceable, even though the main agreement in which it is contained is itself found to be invalid and unenforceable. Thus, the parties are considered to have entered into two distinct agreements which are separable. The issue of separability will arise whenever there is a challenge to the validity of the main agreement; for example, if English law were to apply, the main agreement could be challenged on a number of grounds including, but not limited to: • an absence of authority
PRECEDENTS
[Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent [at its [insert details, eg London base]] as [an electrician] 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 nationwide property maintenance service]. [ 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 procedures to apply in the circumstances of a redundancy or any entitlement to an enhanced redundancy payment.] [ The Respondent’s procedures on redundancy ] [Insert details of any relevant provisions in the Respondent’s procedures or workplace agreements relating to redundancy. Sample text is provided at paragraph 4 below.] 4 The Respondent had a formal redundancy [procedure OR agreement dated [insert date] with [insert name of trade union] which formed part of the Claimant's contract of employment and OR  which provided that, in implementing a redundancy process affecting particular categories of workers, the Respondent would first make reasonable
CHECKLISTS
Consultant appointments take many forms and there is considerable flexibility in the layout and in the drafting of clauses. Parties may choose to adopt one of the standard forms of appointment published by industry bodies, see for example Practice Notes: RIBA Standard Professional Services Contract 2020 for Architectural Services, NEC Professional Service Contract, ACE Professional Services Agreement and CIC Consultants' Contract Conditions. Alternatively, many consultants and employers have their own bespoke terms for the appointment of consultants on construction projects. This Checklist sets out the key clauses which should generally be included in a well-drafted consultant appointment. It can be used when drafting or reviewing proposed terms for a consultant. This Checklist contains links to clauses within our clause bank which may be used or adapted for use in consultant appointments. For precedent forms of consultant appointment (which contain the provisions referred to below), see Precedents: Consultant’s appointment—long form design and Consultant’s appointment—long form non-design. Cover page For clarity, a well-drafted appointment should have a cover page containing the date on which the appointment is executed, the names of the parties
NEWS
This week's edition of Public Law weekly highlights includes the publication of the first report for Module 1 of the UK Covid-19 Inquiry, the election of the Deputy Speakers and additional and updated guidance documents for the Procurement Act 2023. Additionally featured are selected Brexit headlines, including the latest Assimilated EU Law Parliamentary Report and the agenda of and statement on the recent Specialised Committee on the implementation of the Windsor Framework meeting. This edition further includes updates on constitutional and administrative law, State accountability and liability, judicial review, subsidy control and State aid and public procurement. Case analysis this week includes examination of a High Court ruling that Public Order regulations are ultra vires and consideration of a case where public authority decision making under a private law contract was challenged.
NEWS
This week's edition of Construction weekly highlights includes the introduction of the Building Safety (Wales) Bill, a case in which the Technology and Construction Court (TCC) awarded damages, including trading losses and abortive legal costs, against a contractor in respect of fire safety defects in a care home (Toppan v Simply), the Court of Appeal’s dismissal of a developer’s appeal against the award of a remediation contribution in Triathlon Homes v Stratford Village Development, new regulations and guidance addressing fire safety protocols for vulnerable residents of high-rise buildings, a decision of the TCC affirming that adjudicators may have jurisdiction to decide disputes relating to settlement agreements that vary the original construction contract (London Eco Homes v Raise Now Ealing), and the Construction Industry Research and Information Association (CIRIA)’s guidance on performance specifications for offsite construction projects.
PRECEDENTS
UPDATE: The CJRS ended on 30 September 2021. This Precedent has been archived and is no longer maintained. For further information on the extended CJRS, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived]. [ To be typed on headed notepaper of employer ] [Date] Dear [insert name of employee], Re: [insert name of employer] (the Company) Thank you for confirming, in response to my letter dated [date], that you agree to being placed on furlough under the Coronavirus Job Retention Scheme (CJRS) and consent to the temporary changes to your contract of employment dated [insert date](Contract) and your terms and conditions of employment. [ [FULL-TIME OR PART-TIME EMPLOYEE WHOSE BASIC PAY DOES NOT VARY:] I am writing to confirm that the Company has made a claim to HMRC under the CJRS in respect of your wage costs for the [insert
Q&As
The Supplier shall The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another. A contractual term is a statement that amounts to a promise or undertaking and forms part of a contract. The terminology in contractual clauses (such as the ‘shall’ obligation) is significant. ‘Shall’ is an absolute obligation to perform a given activity. Any deviation from an absolute obligation is normally the result of considerable negotiation and often represents a compromise where one party has argued that it is not reasonable for it to be placed under an absolute obligation. The terms 'best endeavours', 'all reasonable endeavours' and 'reasonable endeavours' are frequently used