Refine By
Clear all filter
About 7135 results for "contract"
Q&As
A deduction from a worker's wages will only be lawful if: • it is required or authorised to be made by virtue of a statutory provision, eg the requirement to make deductions for income tax or National Insurance contributions via Pay As You Earn (PAYE) • it is required or authorised to be made by virtue of a relevant provision of the worker's contract, eg where the employer provides a loan to the worker and has a contractual right
Q&As
Where a party makes a non-Part 36 offer then the general common law rules of contract law, with regard to offer and acceptance, apply. If you wish to make a Part 36 offer, then the specific rules of CPR 36 with regard to offer, withdrawal, variation, acceptance and rejection will apply, see Part 36 offers—overview. There is limited guidance on what might happen where parties start to
Q&As
Since 6 April 2007, all deposits taken by landlords for residential assured shorthold tenancies (ASTs) in England and Wales must be protected by a tenancy deposit scheme (TDS). The parties to an AST cannot contract out of the obligations. Within 30 days of receipt of the deposit, the landlord must comply with the initial requirements of the TDS by giving the tenant and any relevant
Q&As
Ensuring that a written contract contains the correct information is important as it affects the rights and obligations of the parties. However, backdating documents is potentially a criminal offence under the Theft Act 1968, and is also contrary to the rules of professional conduct. There are a few extremely limited circumstances in which a simple agreement might be dated with a date that was earlier than the date it was signed. These include if the document was lost or if a potential
Q&As
In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force majeure clause’ is used to describe a contractual term which may provide, for example, that on the happening of a specified event or event beyond the parties’ control, one (or both) of the parties: • is excused from performance of the contract, in whole or in part • is entitled to suspend performance
PRACTICE NOTES
This Practice Note considers the various lawful and specific conditions for processing personal data and special category data in the employment context, under Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA 2018). It takes into account provisions of the Data (Use and Access) Act 2025 (DUAA 2025) in force as at 5 February 2026 (see Practice Note: Data (Use and Access) Act 2025—employment implications). Updated guidance from the Information Commission’s Office (ICO) is still awaited. For further information on data protection issues in employment generally, see Practice Note: The UK GDPR and DPA 2018: key data protection issues for employment lawyers. Together, Assimilated Regulation (EU) 2016/679, UK GDPR and DPA 2018 make up the UK GDPR regime. Assimilated law is the name given to EU-derived law which remains in force after the end of 2023. For more information, see Practice Note: Assimilated law. For a more detailed introduction to UK GDPR generally, see Practice Notes: The UK General Data
Q&As
An employee may claim a statutory redundancy payment without having been dismissed in one of two situations: • where the employee is ‘laid-off’ by the employer, ie when the employer temporarily shuts down its operation because it cannot find any or enough work for the employees • where an employee is put on short-time working—short-time working occurs where the employer requires the employee to do less than their full contractual hours and the employee receives less pay as a result The provisions set out in sections 147–154 of the Employment Rights Act 1996 (ERA 1996) govern the statutory scheme, whereby
NEWS
The Supreme Court unanimously dismissed the taxpayers’ argument that the relevant expenditure fell within section 298(1) of the Capital Allowances Act 2001 (CAA 2001) and concluded that, based on the proper interpretation of that provision, the expenditure was not incurred under a contract executed prior to the conclusion of the initial ten-year period, as required. Adam Craggs, partner at RPC, discusses the implications that the judgment has on taxpayers going forward.
PRACTICE NOTES
The UK nuclear market for construction industry supply chain members is significant. The Nuclear Decommissioning Authority projected spend of £3.3bn for the financial year 2015/16 purely in relation to civil decommissioning—add in military decommissioning and the significant future value of the nuclear new build market and the overall market is huge. The sector requires a wide range of construction-related inputs, from large-scale civil engineering, demolition and project management, through to design services and facilities management (and much more besides). Some of these services require specialist nuclear know-how, others do not (although all members of the nuclear supply chain need to be aware of the special considerations which apply to working in the nuclear sector). The nuclear sector is heavily regulated, especially in the UK, and the contracting structures and documents used can be correspondingly complex. This Practice Note provides an introduction to the sector from a legal adviser's perspective. Sector background The UK nuclear sector can be divided into: • decommissioning (of which civil (ie non-MoD) decommissioning represents the significant majority, and hence will be the focus of this Practice
NEWS
Construction analysis: On 21 August 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Collateral Warranty (CW) documents, alongside 2024 editions of its Standard Building Contract suite. In this analysis, we look at how these latest CW documents differ from their 2016 equivalents, and the extent to which the changes are consistent with those made to the other JCT 2024 forms released this year.
NEWS
This week's edition of Commercial weekly highlights includes: a Court of Appeal decision in WH Holding Ltd v London Stadium LLP (formerly E20 Stadium LLP) regarding an alleged manifest error in an expert’s determination, analysis of the Court of Appeal ruling in Sahara Energy Resource Ltd v Societe Nationale de Raffinage SA (SONARA) on claims of non-payment for cargoes of crude oil and a High Court decision regarding the construction of contract terms.