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PRECEDENTS
1 General information Date of review Person(s) conducting review [Insert date] [Insert name(s)] 2 Review and findings Are your Instructing third parties policy and processes up to date and fit for purpose? ☐  Yes ☐  No (set an action point at 3 below) Is your Register of third parties up to date? ☐  Yes ☐  No (set an action point at 3 below) Are you satisfied that your processes for instructing third parties are working as they should, particularly relating to:• evaluating and approving third parties? • complying with
NEWS
Construction analysis: The Technology and Construction Court (TCC) found that an employer’s decision to postpone works was a valid exercise of its right to instruct variations, and not a breach of contract. Even if the postponement of work had been a breach of contract, the terms of the contract would have prevented the contractor from recovering damages for loss of profits and mobilisation and demobilisation costs.
GLOSSARY
A service provided by one or more fixed microwave stations operated by an educational organisation and used mainly to transmit instructional, cultural and other educational information to fixed receiving stations.
PRECEDENTS
Instructions for cancellation Right to cancel You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or e-mail). You can use the attached Cancellation Form, but it is not obligatory. Our contact details, to inform us of your decision to cancel, are: [insert your name,
PRECEDENTS
Instructions for cancellation Right to cancel You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or e-mail). You can use the attached Cancellation Form, but it is not obligatory. Our contact details, to inform us of your decision to cancel, are: [insert your name, geographical address, telephone number, fax number and email address]. [You can also electronically
GLOSSARY
In legal practice, an instrument is a formally executed document that creates, records, transfers or extinguishes legal rights or obligations. It typically refers to written agreements or declarations intended to have binding legal effect, such as deeds, contracts, wills, powers of attorney, guarantees, share certificates and negotiable instruments.Across England and Wales, Scotland, Northern Ireland and Ireland, the term is used broadly and contextually rather than having a single universal statutory definition. Specific legislation may define “instrument” for particular purposes (for example, in property, company, financial services or tax law), often to determine when a document must be in writing, executed as a deed, registered, or subject to stamp duty.Key legal features usually include: (i) a written document; (ii) executed or signed in the manner required by law; and (iii) intended to have legal effect on rights, title or obligations. In Scots law, “formal writing” and “probative” execution often overlap with the idea of an instrument.In practice, identifying whether a document constitutes an instrument affects enforceability, priority, registration, evidential status and formalities such as witnessing, delivery and electronic execution.
PRACTICE NOTES
Before it is determined what assets require a grant in order for them to be administered (see Practice Note: Devolution of assets and the need for a grant), it is first necessary, where there is a Will, to determine whether that instrument can even be admitted to probate. Thereafter the personal representatives (PRs) will need to identify and secure the assets prior to a grant being obtained. In the meantime the PRs will need to consider the extent to which they can deal with the administration of the deceased’s estate prior to the issue of the grant. The Wills Act 1837 (WA 1837) sets out the requirements for a valid Will which can be admitted to probate. On the face of it, every document made by a person over the age of 18 years with full capacity and executed in accordance with WA 1837 requirements that purports to dispose of the estate of the testator is entitled to be admitted to probate. This is even if the deceased left no property to dispose of. Equally an
GLOSSARY
Insufficient evidence describes a situation where the admissible evidence before a court does not meet the legal standard of proof required for the claim or charge. In criminal proceedings in England and Wales, Scotland, Northern Ireland and Ireland, it commonly refers to the Crown or prosecution failing to establish a prima facie case or to prove guilt beyond reasonable doubt. The expression “insufficient evidence” itself is descriptive rather than a defined statutory term, but related concepts appear in procedural rules and case law on no‑case‑to‑answer submissions, directed acquittals and applications to withdraw issues from the jury. Practically, a finding of insufficient evidence may arise on a defence submission of no case to answer, on judicial review of prosecutorial decisions, or in appellate challenges to convictions based on the safety or reasonableness of the verdict. In civil proceedings, it underpins dismissals or refusals of claims where the claimant fails to discharge the burden of proof on the balance of probabilities. Usage and effect are broadly consistent across the UK and Irish jurisdictions, subject to differences in procedure and terminology (for example, “no case to answer” in England and Wales and Scotland; “directed verdict” in Ireland).
PRACTICE NOTES
This Practice Note considers insurable interest, including insurable interest in construction and liability insurance. It also considers insurable interest in subrogation, co-insurance and double insurance and the Insurable Interest Bill. What is insurable interest? ‘Insurable interest’ refers to a doctrine of insurance contract law that requires the insured to have a relationship with the insured subject-matter that is recognised by law. Broadly speaking, only persons who have some relation to the subject-matter of the insurance contract, by reason of which they would be prejudiced by its loss, or may incur liability in respect thereof, can insure that subject-matter. Conversely, a person who has no such relationship does not have any insurable interest and therefore cannot take out insurance on that subject-matter. The burden rests on the insured to prove an insurable interest exists. The rationales for requiring an insurable interest are that: • it is characteristic of an insurable interest that distinguishes an insurance contract from wagering contracts (the ‘anti-wagering rationale’) • an insurable interest is thought to reduce the moral hazard posed by the insured
GLOSSARY
Insurable interest exists when one party has a close and/or dependent financial relationship to the other.
GLOSSARY
Insurance is a form of contract whereby a sum of money is promised to be paid by the insurer to the insured on the happening of a specified event.
NEWS
Insurance & Reinsurance analysis: This H1 2026 new content round-up highlights key Insurance & Reinsurance Practical Guidance publications on captive insurance reform, underinsurance, Insurance Act 2015 resources, horizon scanning, litigation tracking and recent case analysis.