The Consumer Rights Act 2015 (CRA 2015), section 11(1) states: '11 Goods to be as described (1) Every contract to supply goods by description is to be treated as including a term that the goods will match the description.' There is no direct authority on CRA 2015, s 11. However, by analogy, case law under the Sales of Goods Act 1979, s 13 (SGA 1979) may help (sale by description—see 73. Meaning of 'sale by description': Halsbury's Laws of England in further reading links). Meaning of 'sale by description' explains that goods are sold by description where the buyer enters into the contract of sale in which the goods are in terms described by or on behalf of the seller. A sale of goods is not prevented from

Government recommendations on social distancing, self-isolation in the case of sickness, and business closures has resulted in many typical business and social activities being postponed or cancelled altogether by both customers and suppliers. Where a contract is cancelled, any supplies from a VAT perspective will no longer take place, requiring (depending on the terms of the particular contract) a refund of any payments and the cancellation of invoices or credit notes as appropriate. For more information on how a taxable person who has accounted for and paid VAT on a supply, but who is not ultimately paid for that supply, may claim a refund of the whole or part of the VAT they have already accounted for, see Practice Note: VAT bad debt relief. Where payment for an anticipated

We have assumed, for the purposes of this Q&A, that the employee’s salary has by this time either been suspended, or reduced. An employee's contract of employment may contain express provisions entitling them to be paid, and to receive contractual benefits, during any periods of sickness absence. There may even in some cases be an implied term obliging the employer to pay and provide contractual benefits during periods of sickness absence. In relation to express terms, an employer does not have to agree to any such express contractual terms. If the employer does agree, the contract of employment is likely to specify the duration of any entitlement to sick pay, the rate at which sick pay will be paid, and whether or not the employee will continue to receive their contractual benefits during a period of sickness absence. An employer may, for example, agree to pay sick pay at full rate for

Since the Health and Social Care 2012 (HSCA 2012) entered into force, most NHS procurement is under the responsibility of the National Health Service Commissioning Board (NHS England) and regional Clinical Commissioning Groups (CCGs). However, in the areas within their responsibility, NHS Trusts retain a relatively wide vires to enter into public contracts. Power of NHS Trusts to enter into contracts The powers of NHS Trusts are contained in their constitutional documents and in the National Health Service Act 2006 (NHSA 2006). NHSA 2006, s 47 confers on NHS Trusts the power to 'do anything which appears to it to be necessary or expedient for the purpose of or in connection with its functions', including the power to 'enter into contracts'. There is no statutory financial ceiling on the value of a contract an NHS Trust might enter into. Public procurement In practice, this freedom to contract is constrained

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 (ie an intermediary) • the end client is either a public authority or, from 6 April 2021, 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 to that office), and • the intermediary meets certain conditions (see below) The intermediary—conditions Section 61N of the Income Tax (Earnings and

This Checklist is primarily for use on the assignment of a commercial lease. It is not exhaustive and will not cover every eventuality for every transaction. You must always consider whether there are any other issues that need to be addressed. It assumes that: • the lease is a lease of commercial property let at an open market rent to an occupational tenant under terms where the landlord insures the property • the assignor occupied the property for the purposes of their business and the assignee also intends to occupy the property for the purposes of their business • the lease is a head lease and the property is not subject to any underleases • the lease is not subject to a fixed charge (in practice this would be unusual), and • no premium is payable If the assignment is part of a larger or more complex transaction, further relevant content may be found in Acquisition of commercial property (buyer)—checklist and Practice Note: Transferring commercial property—a practical guide. If acting for the assignor,

This Practice Note looks at the effect of Part 1 of the Landlord and Tenant Act 1987, including the circumstances in which the right of first refusal applies, the landlord’s obligation to sever transactions to dispose of buildings separately, how to identify a relevant landlord, a qualifying tenant, and a relevant disposal, the procedure for serving offer and acceptance notices, and the consequences of tenants failing to accept the offer. It also looks at enforcement, the tenants’ rights against a purchaser, and avoidance methods. The Landlord and Tenant Act 1987 (LTA 1987), Part 1 gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. The right is framed in negative terms, prohibiting the landlord from making a relevant disposal without first serving a notice under LTA 1987, s 5 (commonly referred to as a ‘section 5 notice’) on the qualifying tenants and requiring that the disposal is made in

No. Terms of contract relied on Nature and basis of claim Claimant’s case Defendant’s response Judge’s comments 1 N/A Damages claim for misrepresentation, at common law and/or under the Misrepresentation Act 1967, s 2 The Claimant was induced to enter the contract as a result of the Defendant’s representation that all land required for the project had been acquired and former local residents were happy with the project. See Schedule X.This was a fraudulent misrepresentation, the statement was false and the Defendant was fully aware of this. Alternatively, this was a negligent misrepresentation, the Defendant had no reasonable grounds to believe the representation was true. At the time of the Contract, several local residents were not willing to sell their land and local residents staged protests inside the Site throughout the works, preventing work in protest locations. See Mr X’s witness statement.As a result of these protests the Claimant has suffered loss in the sum of £X as a result of: (a) repairing fences damaged by local residents to gain entry to the site; (b) purchase of additional

Source and availability Sources Trustees have certain powers conferred on them by statute, in particular by the Trustee Act 1925 (TA 1925) and the Trustee Act 2000 (TrA 2000). Available powers The powers conferred on trustees by TA 1925 and TrA 2000 include the following: • where a trustee has a duty or power to sell property, they may sell or concur with any other person in selling all or any part of the property, whether subject to prior charges or not and either together or in lots, by public auction or by private contract, subject to any such conditions respecting title or evidence of title or other matters as the trustee thinks fit with power to vary any contract for sale, and to buy in at any auction or to rescind any contract for sale and to resell, without being answerable for any loss • where trustees are authorised by the instrument creating the trust or by law to pay or apply capital money subject to the trust for any purpose or in any manner, they will

Often construction contracts are based on a standard form contract, such as the forms issued by the Joint Contracts Tribunal (JCT), the Institution of Civil Engineers (NEC), or the International Federation of Consulting Engineers (FIDIC). When a dispute arises as to the meaning of a particular provision in a standard form contract, parties may seek to rely on guidance or commentary on the standard form (as well as other authorities) to support their arguments in relation to the interpretation of that provision. Alternatively, a party may wish to distance itself from any guidance or commentary and argue for a different interpretation of the relevant provision in the specific circumstances of the case. Where guidance or commentary on a particular provision is available, does it have a role to play before the court or tribunal interpreting the standard form contract provisions? There is no simple set of rules to follow in respect of how contracts may be construed and interpreted. Over the years a considerable

This Practice Note examines the performance and testing provisions of the 2017 editions of the Red, Yellow and Silver Books. It looks at testing during execution of the works and tests on and after completion. For details of the performance and testing requirements under the 1999 editions of the Red, Yellow and Silver Books, and under the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—performance and testing requirements. In any construction contract, a key concern for both employers and contractors is knowing when the works will be considered ‘complete’. The employer wants to be sure that the works are fully constructed in accordance with the requirements of the contract, and the contractor will want to know what such requirements are, and what it needs to do to satisfy them. Therefore, it is essential that the contract makes it clear exactly what the performance requirements are. In the 2017 editions of the FIDIC Red, Yellow and Silver Books, the performance and testing requirements are predominantly set out in clauses 7, 9 and 12 (in the Yellow

IN THE COUNTY COURT AT [insert] Claim No: [insert claim number] Parties: A B        Claimant -and- C D ADVENTURE ACTIVITIES LIMITED        Defendant ___________________________________________________________________ PARTICULARS OF CLAIM ___________________________________________________________________ Introduction 1 At all material times: 1.1 The Defendant was a company providing “adventure experiences” to members of the public from premises situated at [enter details of location of the business premises] and was a trader for the purposes of the Consumer Rights Act 2015. 1.2 The Claimant was a customer of the Defendant and was a consumer for the purposes of the Consumer Rights Act 2015. The Contract and the High Ropes 2 By a contract (the ‘Contract’) made in writing on [eg 1 February 2024] at the Defendant’s premises at [address eg Beddgelert, Gwynedd, North Wales], a copy of which is appended to these Particulars of Claim, the Defendant agreed to supply to the Claimant a ‘high ropes experience’ (the ‘High Ropes’ and the ‘High Ropes Experience’), for [eg £45.00]. 3 The High Ropes are an outdoor apparatus of raised wooden platforms and obstacles, connected by strong, taut, high-tension climbing-style ropes. Most of the ropes are between