Subject to certain exceptions, no such disposal may be made unless the landlord has first served notice under the Act informing qualifying tenants of what he intends to do, giving them a period of not less than two months within which to give notification that they intend to exercise their right under the Act to acquire on the same terms the estate or interest instead of the person to whom the landlord proposes to grant or transfer it. By s 1(2), the Act applies to premises if they consist of a whole or part of a building, containing two or more

Holding over The effect of Part II of the Landlord and Tenant Act 1954 (LTA 1954) is to provide statutory protection to qualifying business tenants. This is effected by LTA 1954, s 24, which provides that, notwithstanding the coming to an end of a qualifying lease by the effluxion of time, the lease is continued unless terminated by either party by service of a notice—with provision for either party to apply to the court for the granting of a new lease on terms. The effect of LTA 1954, s 24 is that the tenancy does not come to an end until terminated in accordance with the provisions of LTA 1954, Pt II. This means that the provisions of the original lease continue to apply notwithstanding that the term contained within

Reasonable time for delivery In a business to business (B2B) contract for sale of goods, the implied terms are contained in the Sale of goods Act 1979 (SGA 1979). Parties negotiating and drafting contracts for the sale of goods

For the purposes of this Q&A we have assumed that the contract is a business-to-business contract where there is a supplier/customer relationship of some description, and the supplier is either: (a) supplying a work force; or (b) supplying services to the customer, which have been impacted by an increase in costs due to an increase in the minimum wage. Contract provisions It will be necessary to check for any (a) price and (b) price variation provisions within the contract. We refer you to the following materials for information on this type of provision. • Practice Note: Price, payment terms and interest summarises the main issues arising in relation to price, payment and interest provisions in business-to-business contracts • Drafting and negotiating a price clause—checklist outlines key provisions and issues for consideration when drafting and negotiating price clauses in commercial contracts • Drafting and negotiating a

Long-stop date As stated in the Drafting Notes to clause: Long-stop date definition, the term long-stop date is commonly included in an agreement that is subject to conditions, with the definition setting out the date by which such conditions must be satisfied or waived. It could, however, be used to represent a date by which certain obligations in an agreement must be met or certain rights in an agreement must be exercised. The parties should firstly consider the contractual purpose of the long-stop date and the implications of the long-stop date passing. Consider whether the long-stop date is for a condition precedent to be fulfilled prior to the agreement properly coming into force, or if the long-stop date refers to a date by which an obligation must be performed by one of the parties under an already in force contract. The consequences of the long-stop not being met will

It is assumed that the subsequent transactions which are referred to in the question posed are different contractual agreements to the agreement pursuant to the varied standard terms and conditions. Assuming that to be the case, a customer may be bound by standard terms and conditions if the supplier can establish a course of dealings incorporating to those terms. The supplier seeking to establish the course of dealing must show: • there has been regular trading between the parties. Thus several transactions per month over a period

What does the contract provide? We would initially suggest that you review the contract and consider what provisions it specifically makes concerning the payment, nature and forfeiture of a deposit. The specific terms may offer the customer an opportunity to secure a refund. If there is no specific contractual term securing the refund for the customer, an ambiguity in the contract drafting may also offer the customer an opportunity to negotiate its return. See: Formation and interpretation—overview for Practice Notes that offer guidance as to how the terms of a contract should be interpreted and construed. However, if the contract clearly provides that the deposit paid by the customer is non-refundable in any situation, then in determining whether the customer has any options to secure its return despite the specific contractual provision to the contrary, then the enforceability of the contract provision could be scrutinised from a number of different angles. Is

What does the contract provide? We would initially suggest that you review the contract and consider what provisions it specifically makes concerning the payment, nature and forfeiture of a deposit. The specific terms may offer the customer an opportunity to secure a refund. If there is no specific contractual term securing the refund for the customer, an ambiguity in the contract drafting may also offer the customer an opportunity to negotiate its return. See: Formation and interpretation—overview for Practice Notes that offer guidance as to how the terms of a contract should be interpreted and construed. However, if the contract clearly provides that the deposit paid by the customer is non-refundable in any situation, then in determining whether the customer has any options to secure its return despite the specific contractual provision to the contrary, then the enforceability of the contract provision could be scrutinised from a number of different angles. Is

It is a basic principle of common law that an individual should be free to follow his trade or calling when, where and in what manner he wishes. However, it is also axiomatic at common law that there should be freedom of contract and that bargains once made should be kept. A contract which limits the freedom to trade can therefore be enforced if it protects a legitimate business interest and is reasonable in the interests of the parties and in the public interest. Lexis+® UK Employment

There are two primary circumstances in which a company can enter creditors’ voluntary liquidation (CVL). The first is under paragraph 83, Schedule B1, to the Insolvency Act 1986 (IA 1986), where the company has been in administration. The second is where the company enters CVL by way of member and creditor resolutions (a third option is where the company is in members’ voluntary liquidation but is in fact insolvent). Where the company is in administration and there is likely to be a distribution to unsecured creditors, the administrator is required to send a notice to the registrar of companies, the court, and creditors. The registrar then registers the notice, upon which the administrator leaves office and the company enters CVL. The notice to creditors must

As per CPR 14.10, where the defendant admits the debt and requests time to pay, the claimant must file notice in Form N225 to object to the defendant’s proposal for payment. At Section D of Form N225, the claimant can request that the judgment amount be paid immediately, by instalments, or by a certain date. Upon the court receiving notice the defendant’s payment proposal is rejected, as per CPR 14.10(4), they will determine the time and rate of payment. Accordingly, the court

The courts of England and Wales do not have jurisdiction to make an order that serves to displace the right of an applicant to seek a return order under the Hague Convention of 25 October 1980 on Civil International Aspects of Child Abduction (the 1980 Hague Convention). See Practice Note: Child abduction—introduction and issuing proceedings (1980 Hague Convention). Although the USA signed the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect