Construction analysis: Was an information release schedule (IRS) the construction programme and binding on the parties? The parties had entered into a subcontract based on the GC/Works Subcontract.

The Royal Institution of Chartered Surveyors (RICS) code states that alternative dispute resolution should be used before issuing court proceedings, and failure to give due consideration to this method could result in penalisation in costs, even if the party wins at trial. Should alternative dispute resolution be unsuccessful, either party may then use claim form N1 together with particulars of claim and the relevant court fee to issue proceedings pursuant to CPR Part 7. The claim form should include the amount the claimant is claiming and the amount the claimant expects to recover, known collectively as a statement of

Warranties are assurances or promises given by a party to a contract, breach of which will give rise to a right to the other party to claim damages (and if expressly provided by the terms of the agreement, the right to terminate). The specific warranties which should be included in each case will depend on the particular goods or services being provided. A warranty is ultimately a matter for commercial negotiation, and the type of warranty given in a given contract will be dependent upon the nature of the goods or services supplied, the commercial terms agreed and the bargaining strength of the parties. There are implied terms incorporated into contracts for the sale and supply of goods and contracts for the supply of services by the Sale of Goods Act 1979 (SGA 1979) and the Supply of Goods and Services Act 1982 (SGSA 1982). However, parties tend to negotiate

Section 31(2) of the Children Act 1989 (ChA 1989) sets out the test to determine whether the court has the jurisdiction to make either a care order or a supervision order. The first limb of the test is that the court must be satisfied that the child concerned is suffering, or is likely to suffer, significant harm. The second limb is that the harm, or likelihood of harm, is attributable to the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or the child being beyond parental control. This test prescribed by ChA 1989, s 31(2)

The issue of the removal and/or redaction of documents was considered in Re R (children) (control of court documents), in which the Court of Appeal upheld the Family Court's order that the appellant (an intervener in the proceedings) should not be provided with a physical copy of the full fact-finding judgment, nor with the parties' written submissions, following a fact-finding hearing as part of care proceedings in relation to the appellant's two sisters, as doing so would risk offending the sisters' rights under Articles 3 and 8 of the European Convention on Human Rights. The appellant instead received a summary of the court's findings and a redacted version of the judgment, from which explicit sexual references had been removed, which the court found would ensure that the appellant had everything he needed to understand the Family Court's decision. The Court of Appeal

A solicitor has duty to follow their client’s instructions and to act in the best interests of their client. However, solicitors are officers of the court and also have duties to the court. The first question is therefore whether a solicitor who is aware that the court has made directions to prevent them being provided with certain information is entitled to share said information with their lay client if it comes into their possession inadvertently. A solicitor’s conduct is

We have assumed that you are referring to a situation where the UK resident individual has paid interest from which income tax should have been withheld under section 874(1)(d) and (2) of the Income Tax Act 2007 (ITA 2007), but did not do so. The provisions relating to the collection of income tax in respect of a payment from which a sum must be deducted by a person other than a company is dealt with by ITA 2007, Pt 15, Ch 16. ITA 2007, s 963 deals with payments where deduction is required under ITA 2007, s 874(2). It requires (subsection 2) that the person who is required to deduct the sum ‘must deliver to an officer of Revenue and Customs an account of the payment without delay’. In SAIM9170, HMRC confirms that there is no statutory time limit for making this ‘account’

Where a caveator has entered an appearance and later agrees to remove the caveat, costs may still be sought by the warning party. The Non-Contentious Probate Rules 1987, SI 1987/2024, r 44(13) allows for an application to discontinue the caveat by consent, and the district judge or registrar may order the payment of costs as part of the terms of discontinuance. This may be relevant where the caveator's prolonged inaction or conduct has caused

As Sweden is a member of the EU, in the circumstances outlined in the question, the correct procedure for enforcing the child maintenance payments is pursuant to Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (the EU Maintenance Regulation), which continues to apply after implementation period completion day (11 pm on 31 December 2020) under the relevant transitional provisions, which are the Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019, SI 2019/517, reg 27 as amended, the Jurisdiction and Judgments (Family) (Amendment etc) (EU Exit) Regulations

CPR 8 provides a simpler regime for managing claims than CPR 7. This is because no defence is required, there is no track allocation and a hearing is usually fixed when the defendant acknowledges service. In addition it does not require the level of information exchange needed in other claims such as disclosure, witnesses of fact and expert evidence. Further, it is common for there to be no oral evidence at trial. CPR 8 is generally used for resolving claims that do not involve a substantial dispute of fact and in particular, CPR PD 8A, para 9.3 (Section A) sets out the types of claims for which the CPR 8 procedure may be used. See our Practice Note: CPR Part 8 claims (alternative

Section 176ZB of the Insolvency Act 1986 (IA 1986) deals with the application of proceeds of office-holder claims. Claims brought under IA 1986, ss 212 (misfeasance) or 423 (transactions defrauding creditors) are claims that are capable of being brought by an office-holder (including a liquidator),

The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) creates a statutory regime under which certain categories of applicants can apply for an order for financial provision out of a deceased’s estate. The I(PFD)A 1975 prescribes the categories of applicants in s 1. I(PFD)A 1975, s 2 sets out the orders that the Court can make. I(PFD)A 1975, s 2(4) specifically gives the Court power to include provisions in the order that are ‘necessary or expedient for the purpose of… securing that the order operates fairly as between one beneficiary of the estate of the deceased and another’. This provision does not appear