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NEWS
The Competition and Markets Authority (CMA) has announced plans to update its 2015 guidance (CMA37) on unfair terms and notices under Part 2 of the Consumer Rights Act 2015 (CRA). The current guidance, which replaced earlier materials under the Unfair Terms in Consumer Contracts Regulations 1999 and the Unfair Contract Terms Act 1977, explains how fairness and transparency tests apply to consumer contracts and notices.
NEWS
Tax analysis: In George Mantides Ltd v HMRC, the Upper Tribunal (UT) decided that locum urology services procured by the taxpayer company from its sole shareholder and director (M) would have given rise to a contract of employment between M and the recipient hospital had M provided the services directly. Accordingly, the IR35 rules deemed the company to have paid M earnings subject to income tax and NICs.
NEWS
The Solicitors Regulation Authority (SRA) has published a review of legal firms providing asylum services. The review, which forms part of the ongoing monitoring of immigration legal services in England and Wales, consisted of 25 firms including sole practitioners and firms who held a legal aid contract, as well as five firms that had been visited as part of a 2022 immigration thematic review. The review highlighted that there is general good practice and areas that need improvement.
NEWS
The case of Green v Eadie and Others [2011] EWHC B24 (Ch) considered the application of limitation periods under the Limitation Act 1980 in relation to claims brought under Section 2(1) of the Misrepresentation Act 1967. The court held that the limitation period for such claims is 6 years from accrual of the cause of action which in this case was entering into the contract. The case is a reminder of the importance of ensuring a claim is not time-barred.
PRECEDENTS
I give my freehold house and land (the Property) at [insert full address of house and land] [and known as [insert house and land name(s) if relevant]] to my trustees in fee simple upon trust that my trustees shall if my [spouse OR civil partner [insert full name of spouse or civil partner]] so desire let
CHECKLISTS
This Checklist sets out the key issues for an employer to consider, and the clauses it should require, for a clear and binding letter of intent (LOI) in a construction project. While the terms ‘contractor’ and ‘employer’are used, the principles apply equally to an arrangement between a contractor and a sub-contractor. When an employer is compiling and negotiating a letter of intent, not all of the issues set out below will always be relevant and users should consider each issue in light of the particular circumstances. See Practice Note: Letters of intent—construction for more on letters of intent and for an example of advice to give to a client, see Precedent: Advice to clients—use of letters of intent. Key issues and clauses • Are the parties’ details fully and correctly stated? Ensure that the full details of the employer and contractor are correctly stated at the beginning of the letter of intent (including the full company names, and company number if appropriate), to avoid any ambiguity as to the identity of the contracting parties. In particular, if either party
PRACTICE NOTES
Irish employment law has statutory frameworks in place to regulate part-time work and zero-hour arrangements, reflecting the need to balance employer flexibility with employee protection. Part-time workers are safeguarded by the Protection of Employees (Part-Time Work) Act 2001 (Ireland) (PE(PTW)A 2001 (IRL)) which provides for equal treatment and proportionate rights. In contrast, zero-hour contracts raised concerns due to the absence of guaranteed working hours and the insecurity this creates. Therefore, following the Employment (Miscellaneous Provisions) Act 2018 (Ireland) (E(MP)A 2018 (IRL)), such contracts are, in most cases, prohibited, with only narrow exceptions permitted. Part-time workers PE(PTW)A 2001 (IRL) regulates the rights of part-time workers. It transposed into Irish law the Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC—Annex: Framework agreement on part-time work (the EU Part-Time Work Directive (97/81/EC)). PE(PTW)A 2001 (IRL)’s primary objectives are to prevent discrimination against part-time employees in comparison to full-time employees and to promote improved access to part-time work under fair conditions. A
PRECEDENTS
Company number: [insert company number] [insert company name] LIMITED Minutes of a meeting of the board of directors (the Meeting) of [insert full name of company] Limited (the Company) Held at [insert place of meeting] Held on [insert day, month and year of meeting] at [insert time of meeting][am OR pm] Present: [Insert names of the director(s) physically present][[Insert names of any directors present by telephone as permitted by the Company’s articles of association] (by telephone)] [[Insert names of any directors present by other means permitted by the Company’s articles of association] (by [insert other means])] [ In attendance: ] [[Insert name of anyone in attendance, who does not count towards the quorum for the Meeting (eg, the company secretary, any legal advisers) (if any)]] [ Apologies: ] [[Insert names of any directors who are unable to attend the Meeting]] 1 Chair, notice and quorum [Insert
PRACTICE NOTES
A concession is a form of public private partnership (PPP). It is a long term contractual arrangement between a government (or other public sector body) and a private sector operator who has been awarded the concession. See Practice Note: Forms of Public Private Partnerships. For the purposes of this note, references to “public authority” include contracting authorities and utilities within the meaning of the applicable procurement legislation. Under a concession agreement, the government grants a private entity—the concessionaire—the exclusive right to build an asset and to operate and maintain it for the agreed term of the concession. A concession will sometimes just be for the operation and maintenance of an existing asset but is often for the building of a new asset (followed then by its operation and maintenance). Alternatively, it may involve both new and existing assets. The term of a concession will typically be 25–30 years. Concessions effectively transfer the (often considerable) burden of constructing, or improving and maintaining, infrastructure onto the private sector and, in doing so, help to relieve some of the pressure
PRECEDENTS
IN THE MATTER OF THE HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 AND IN THE MATTER OF AN ADJUDICATION [And pursuant to the [insert [‘Scheme for Construction Contracts 1998’ OR relevant adjudication procedure chosen by the parties]] Between: [Name of party 1]        The Referring Party and [Name of party 2]        The Responding Party   Introduction 1 Pursuant to the Housing Grants, Construction and Regeneration Act 1996 (the HGCRA 1996), and [[‘the Scheme for Construction Contracts (England and Wales) Regulations 1998’ (‘the Scheme for Construction Contracts 1998’)’ OR the alternative adjudication procedure chosen by the parties]], this is a Notice of Adjudication in respect of the dispute outlined below. The Parties and Addresses for Service 2 The Referring Party is [Full Name of Party 1] (‘[Abbreviated Name of Party 1]’) of [address]. The Referring Party is [set out brief description of the work it does, including the relevant type of work for the present dispute]. 3 The Responding Party is [Full Name of Party 2] (‘[Abbreviated Name of Party 2]’) of [address]. The Responding Party is [set out brief description of the work it does / business it engages is, including the type of work/development
NEWS
Construction analysis: The Court of Session (Outer House) held that the pursuer's pleadings were insufficient to support a claim for transferred loss in relation to a claim for defects in wind turbines, while acknowledging that such claims may be possible in Scots law under narrow circumstances. The court also confirmed that standard form contracts might be subject to challenges under the Unfair Contract Terms Act 1977 (UCTA 1977), even if not drafted by the party relying on them.
NEWS
The DESNZ has published the draft Contract Allocation Framework for Contracts for Difference (CfD) Allocation Round 8 (AR8), together with Schedule 5 (application checks) and a detailed list of changes. The framework sets out the eligibility, valuation and allocation rules for AR8 and introduces a number of notable updates, including new provisions on amended determinations and review rights, the ability for applicants to rectify certain non-material errors through additional evidence, and revised procedures for qualification reviews, appeals and pending applications.