Construction analysis: The Technology and Construction Court (TCC) dismissed the defendant’s application for four preliminary issues concerning whether the contractor validly terminated a substantial power station construction contract following alleged payment defaults. Applying the TCC Guide, the court held that the proposed issues were not sufficiently factually discrete and would neither resolve a significant part of the proceedings nor materially reduce the length or cost of the main trial. Their determination was also unlikely to promote settlement and could generate interlocutory appeals. The decision underlines that preliminary issues should not fragment a factually interdependent dispute unless they offer a clear and substantial case-management benefit.

Arbitration analysis: The Paris Court of Appeal dismissed an action for annulment brought against a partial award rendered on 18 March 2022 under the rules of the Chambre Arbitrale Internationale de Paris, ruling that the arbitral tribunal did not lack jurisdiction despite the co-existence of two concurring arbitration agreements referring to two distinct arbitral institutions in the contract. The court held that the ‘situation’ was not pathological. Written by Marie-Laure Cartier and Alexandre Meyniel, avocats au Barreau de Paris at Cartier Meyniel Schneller.

Date [date] Parties 1 [name of (first) Owner] [and [name of second Owner]] [ [both] of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ([together] Owner) 2 [name of Promoter] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Promoter) 1 Definitions In this Agreement, the following definitions apply: [Adverse Rights • any easement, covenant, right or other interest in or over the Property, the release, discharge or variation of which is reasonably necessary in order to: (a) achieve the Objective; or (b) facilitate the Development;] [Adverse Rights Agreement • any document giving legal effect to the release, discharge or variation of an Adverse Right;] Appeal • an appeal by the Promoter to the Secretary of State under section 78 of TCPA 1990; Appointment • a deed executed by each member of the Professional Team [substantially] in the form [of the respective drafts] attached at Appendix 2 with any amendments that: (a) the Promoter [reasonably] requires; [and] (b) [ [(if the amendments would [materially] adversely affect the Owner’s rights under the relevant Appointment)], are approved by the Owner;] Biodiversity Gain • the biodiversity gain objective described in Schedule 7A of TCPA 1990, and also any equivalent form

Banking & Finance analysis: There is a move to transaction-based benchmarks for calculating LIBOR rates. Saaman Pourghadiri, barrister at Outer Temple Chambers, questions whether this change in methodology is likely to lead to frustration in current contracts.

This Practice Note focuses on the considerations that were applicable before 6 April 2016, the date on which contracting-out on a salary-related basis (also known as DB contracting-out) was abolished, when 'buying out' the following contracted-out salary-related (COSR) rights: • guaranteed minimum pensions (GMPs)—these are the benefits accrued by members of COSR schemes as a consequence of contracting out between 6 April 1978 and 5 April 1997 • Section 9(2B) rights (also known as post-1997 COSR rights)—these are the benefits accrued by members of COSR schemes as a consequence of contracting out between 6 April 1997 and 5 April 2016 The legislative requirements applicable differed depending on whether the contracted-out rights in question were GMPs or Section 9(2B) rights. For information on the buy-out considerations applicable from 6 April 2016 in respect of Section 9(2B) rights and GMPs, see Practice Note: Buying out Section 9(2B) rights and GMPs from 6 April 2016. For information on buy-out issues generally, see Practice Note: De-risking—pension buy-outs and buy-ins. For information

This new starter guide provides an introduction to the Ireland—Commercial law (Commercial) practice area. It is aimed at trainee solicitors and those who are new to Commercial as a practice area. It focuses on the key issues that arise when advising on Commercial matters and includes links to other LexisNexis® sources and materials which provide more comprehensive information on the topics covered. Those who are new to Commercial are also likely to find the Overviews in each of the subtopics in the practice area useful. These Overviews summarise the law relating to a particular right or issue, providing links to relevant content within the subtopic to help navigate the area concerned. For example, see: Ireland—Data protection and ePrivacy—overview and Ireland—Breach and remedies—overview. Where something is not covered by this basic guide, use the Topics tab or Topics dropdown menu to browse further practice area content. What do Commercial lawyers do? Commercial lawyers act for businesses and organisations, providing guidance on an on-going basis in connection with their trading and operational requirements. They provide support to the

This week's edition of Construction weekly highlights includes a case in which the High Court enforced a loan agreement under the Contracts (Rights of Third Parties) Act 1999 (HNW Lending v Lawrence), commentary on the creation of the National Infrastructure and Service Authority (NISTA), a case in which the High Court provided guidance on renunciation and affirmation of contracts, and the interpretation of guarantees (Chugga Chugg v Privinvest), and the launch of a consultation by the Ministry of Housing, Communities and Local Government (MHCLG) on the introduction of a statutory build out framework for eligible residential developments.

Date of disposal The date that an asset is treated as being disposed of determines the period in which the gain is subject to capital gains tax (CGT) or the loss is available to offset other gains. This is paticularly important where there is a change in the rate of CGT from one tax year to another (or during a tax year, as occurred in 2024–25). The date of disposal also affects when any CGT becomes due—this is generally by 31 January after the end of the relevant tax year in which the disposal is made. However, there are different rules applicable to disposals by non-residents and also in relation to UK residential property, as explained below. The rules for determining the date of disposal vary according to the type of disposal made. Non-resident CGT Where a non-resident taxpayer disposed of a UK residential property between 6 April 2015 and 5 April 2019, the disposal had to be reported to HMRC within 30 days of the conveyance of the property, which was likely

Please read the following important terms and conditions before you buy anything from our catalogue and check that they contain everything you want and nothing that you are not willing to agree to. Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following: • up to 30 days: if your goods are faulty, you can get a refund; • up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases; • up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk

Please read the following important terms and conditions before you buy anything from us and check that they contain everything you want and nothing that you are not willing to agree to. Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following: • up to 30 days: if your goods are faulty, you can get a refund; • up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases; • up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit

The employees' right to holiday leave either in accordance with the contract of employment or the Working Time Regulations 1998.

Boilerplate is a term used for clauses/terms (normally of a standard nature) and common to most agreements, which do not relate to the substantive part of the contract but are required to set out how the contract works.