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NEWS
Construction analysis: On 3 December 2025 the International Federation of Consulting Engineers (FIDIC) launched its new practice note: FIDIC Practice Note III Decisions: Preparation and Composition. This analysis considers FIDIC’s new guidance on how dispute boards should prepare and write their decisions, which focuses on the production of clear, well-reasoned, contract-compliant decisions within the tight timetable of the DAAB process, and sets out practical procedural, evidential and drafting steps, that will help dispute boards deliver decisions that are efficient, fair and enforceable.
NEWS
The Department of Health and Social Care (DHSC) has published guidance which sets out the core standards that commissioners and providers of NHS healthcare should meet in their work to protect people who are vulnerable and/or susceptible to radicalisation. The guidance supplements the 'Prevent duty guidance for England and Wales' and it will assist in contracting in line with NHS standard contract. It is intended for use by NHS organisations, commissioners of NHS services, organisations working on behalf of the NHS and organisations providing services for the NHS or NHS patients.
NEWS
The European Commission has proposed targeted amendments to Regulation (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products (CMO). These proposed amendments aim to strengthen farmers' position in the agri-food supply chain by enhancing contract rules, mandating mediation mechanisms, boosting producer organisations' bargaining power, and allowing EU financial support for crisis management initiatives. The Commission has also proposed measures to improve the definition of marketing terms and expand possibilities for sustainability initiatives with social dimensions. These changes are designed to address pressing challenges in the agricultural sector and improve farmers' income and bargaining position.
PRECEDENTS
[Insert in para 8.2 of claim form ET1:] 1 The Claimant has been employed by the Respondent as [insert details or role, eg an administrative assistant] since [insert date]. 2 The Claimant works part-time, namely for [insert number, 21] hours per week as compared to the Respondent’s full-time employees who work [insert number, eg 35] hours per week or more. [Insert details of any other relevant contractual terms. Sample text is provided at paragraph 3 below.] 3 The Claimant’s contract of employment makes no provision at all for the payment of travel expenses. The less favourable treatment [Set out the details of the full-time comparator and the
PRECEDENTS
1 The Company permits employees to work flexible hours in most departments and positions.[ Exceptions are [state any exceptions].] Employees who wish to work under the flexitime system must apply to [enter details, eg the Human Resources department] in writing for consideration of their job for flexitime. They may not start to work flexible hours unless and until they receive a written notice of the change to their terms of employment incorporating the flexitime system. Flexitime is voluntary and employees may continue to work the fixed hours specified in their contract of employment. 2 All employees must work a weekly minimum of [enter number,
Q&As
An employee in occupation of premises belonging to his employer may be a tenant or a licensee. Such a licensee is often referred to as a ‘service occupier’. A service occupier is an employee who occupies his employer’s premises in order to perform his duties as an employee. An employee is a service occupier if: • it is essential to the performance of his duties that he should reside in a particular property, or • if there is an express term in his contract of employment
Q&As
This Q&A relates to any special provisions relating to the ending of a lease for an electricity substation. It is occasionally the case that a party will grant a lease to an electricity supplier for the siting on an electricity substation. This may commonly occur in new developments in order to supply power to the site, but there are numerous extant business leases relating to existing substations. A landowner granting a lease for the purposes of an electricity substation will often contract out of the provisions of the Landlord and Tenant Act 1954 (LTA 1954). In this scenario however LTA 1954 applies;
Q&As
Background The General Data Protection Regulation, Regulation (EU) 2016/679, (the GDPR) sets out the information that a data processing agreement must contain, this is prescribed by Article 28(3) of the GDPR, which states (among other things) that: ‘Processing by a processor shall be governed by a contract or other legal act under Union or Member State law, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects
Q&As
As a post-termination restriction constitutes a restraint of trade by agreement, it will, even if it is properly incorporated into an employment contract, be contrary to public policy, and therefore unlawful, unless: • the person or entity seeking to enforce the restraint has a legitimate business interest to protect, and • the restraint is reasonable as between the parties, and is in the public interest For more information: • on restraint of trade in the employment context generally, see Practice Note: Restraint of trade in employment • on legitimate business interest,
Q&As
Execution of contracts and deeds A partnership is not a legal entity and cannot enter into contracts in its own name. Accordingly, the partners have the authority to enter into contracts on behalf of the partnership. In the absence of provisions to the contrary, all partners will stand on an equal footing and will usually have broad authority to bind the other partners when they contract on behalf of the partnership in the ordinary course of its business. However, any given partnership may have bespoke arrangements in place in relation to the authority of its partners and responsibility for contracting on behalf of the partnership,
Q&As
How did the parties conclude their pre-action settlement? The parties will have entered into a contract by any of the following methods: • by executed agreement in a contractual document • by deed • by exchange of emails or letters • by offer and acceptance under CPR 36 (a pre-action Part 36 offer) For further guidance on enforcement of an agreement made in an exchange of correspondence, see Practice Note: Enforcing a settlement agreement concluded pre-action. When will the Part 8 procedure be appropriate? Part 8 is generally used for resolving claims that do not involve a substantial dispute of fact (CPR 8.1(2)).
Q&As
Where a lease is required to be registered pursuant to section 27 of the Land Registration Act 2002 (LRA 2002) and is not so registered, the lease does not take effect at law but instead subsists as an equitable lease. This can have various consequences, including with respect to any mortgage sought or granted over the lease, or in regard to assignment or subletting. The right of the tenant is an equitable right arising out of the contract for lease and no legal interest in the land will pass unless and until the lease is registered.