Refine By
Clear all filter
About 7137 results for "contract"
PRECEDENTS
1 General information Date of this project plan [Insert date] Stage this project plan covers(eg pre-trial review or end of matter) [Insert details] Date of last project plan (if any) [Insert date] Completed by [Insert name of person completing this project plan] 2 Matter information Client name(s) [Insert client name(s)] File reference number [Insert file reference number] Matter type [Insert brief description of the matter, eg contract dispute] Fee earner [Insert name of fee earner] Supervisor [Insert name of supervisor] Any other comments, eg client vulnerabilities [Insert any other comments] 3 Critical dates Date Description [Insert date] [Insert description of critical date, eg limitation date] [Insert date] [Insert description of critical date] [Insert date] [Insert description of critical date] 4 Matter summary Description
Q&As
This Q&A assumes that the employer has not sponsored individuals under the predecessor Graduate Trainee routes before 11 April 2022 Secondment Worker is a new Global Business Mobility (GBM) route for workers who are seconded to the UK as part of a high-value contract or investment by their overseas employer. It came into force on 11 April 2022. The GBM-Graduate Trainee route is for graduate recruits who are being transferred to undertake a role in the UK which is part of a structured graduate training programme, with clearly defined progression towards a managerial or specialist role within the organisation. It replaced the Intra-Company Graduate Trainee route from 11 April 2022. It is assumed, for the purpose of this Q&A that the employer has not sponsored individuals under the
Q&As
Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, with proper materials so that the dwelling is fit for human habitation. A property developer can be liable where they have arranged for another party to undertake the work: DPA 1972, s 1(4). For further information, see: • Practice Note: Defective Premises Act—provision of dwellings • Commentary: Duty to build dwellings fit for habitation: Halsbury's Laws of England [275] The buyer should also review their contract with the seller to see whether it contains any obligations concerning the standard of construction. If so, and if they have been breached, the usual contractual remedies will apply. The buyer may
GLOSSARY
Accident insurance is a contract to pay a sum of money in the event of the insured sustaining accidental injury as defined in the insurance policy.
Q&As
The issue of whether an individual is an employee of another may comprise two questions: • whether an individual A has a contract to work for party B, ie whether B is A’s employer (eg where B disputes that that relationship exists at all) • assuming that such a relationship with B does exist, whether A’s status in that relationship under statutory employment law is that of an ‘employee’ or a ‘worker’, and/or whether A is in ‘employment’ within the meaning given to that term in the Equality Act 2010 The latter question, concerning status, will determine what statutory employment rights apply to A (for further information, see Practice Notes: Deciding appropriate employment status, Employee status, Worker status and Employment events which give rise to discrimination, harassment and victimisation claims—The meaning of 'employment'). Claims brought to enforce such statutory employment rights are, however, brought (almost) exclusively in the employment tribunal, not the County Court, and hence the question of what statutory employment
Q&As
The Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930) was introduced to allow a third party to step into the shoes of the insolvent insured party in order to make a claim against the insurer. The rights of the insured were transferred to the third party, and the proceeds of the claim did not become part of the pot of money for distribution to all of the insolvent party's creditors. Insurers could not contract out of the legislation. TP(RAI)A 1930 was repealed and replaced by the Third Parties (Rights against Insurers) Act 2010 (TP(RAI)A 2010), which came into force in 2016 as Third Parties (Rights against Insurers) Regulations 2016, SI 2016/570. TP(RAI)A 2010 will apply
Q&As
Assuming the decision is made by a public authority or other public body susceptible to judicial review, the first issue to consider is whether the decision is amenable to judicial review proceedings. See Practice Note: What is a public authority? A public authority performs many functions that impact on private rights and the mere fact that, for example, a public authority is one signatory of a contract does not inevitably provide a sufficient public law element to the case. See Practice Note: Judicial review—what it is and when it can be used. In R (David Ames) v Lord Chancellor, the court considered proposed payments by the legal aid agency (LAA) to defence counsel in a criminal trial, pursuant to the LAA’s
Q&As
This Q&A answers the following questions: • can a firm be liable to its client in a transaction where a loss is sustained through currency fluctuation arising from the firm’s delay? • what is the firm’s potential liability in: ◦ negligence, or ◦ breach of contract (under any relevant implied terms) • what if the loss arises out of a delay for which the firm is not responsible, eg delay on the part of the client or other party? • what if there is no delay to the transaction, but there is a currency fluctuation causing loss during the expected/normal transaction duration period? • can a firm limit its liability for claims arising out of the above scenarios eg through a clause in its Terms of Business? Practitioners encounter this kind of uncertainty and risk on a fairly regular basis, eg the Greek government debt crisis in 2015 and Brexit. It has been
Q&As
The basic proposition is that where a lease has effectively excluded the provisions of the Landlord and Tenant Act 1954 (LTA 1954), the tenant will have no right to claim a new lease at the end of the contractual term. However, a common scenario in such situations is the tenant ‘holding over’ after the expiry of the fixed term, that is to say, failing to leave. This may be for a number of reasons, such as ongoing negotiation between the parties as to the terms of a new lease or simply through inadvertently maintaining the status quo and treating the lease as continuing. Often, there will not be a written contract between the parties to stipulate the rights and legal status of the occupier during this period. Where there is no formalised
Q&As
What are the formality requirements for assigning a commercial lease? There are three main formalities for assigning a lease. First, the contract for the assignment of a lease needs to be made in writing, signed, incorporating all the terms which the parties have expressly agreed in one document or, if contracts are exchanged, in each document (section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). Second, the assignment of a lease must be made by way of a deed, even if the lease itself was created orally (section 53 of the Law of Property Act 1925; Crago v Julian. Third, if the lease being assigned is a registered lease, the assignment must be completed by registering it at HM Land Registry (section 27(1)(a) of the Land Registration Act 2002 (LRA 2002). Equally, if
Q&As
An individual’s private emails and, depending upon the contents, private documents, will comprise personal data as defined in section 1 of the Data Protection Act 1998 (DPA 1998). They may also include sensitive personal data within the meaning of DPA 1998, s 2. As data controller, the employer (or former employer) must comply with the eight data protection principles in relation to personal data (including sensitive personal data) (DPA 1998, s 4(4), Sch 1, Part I). In accordance with the first data protection principle, unless an exemption applies, personal data must not be processed unless at least one of the following conditions is met: • the individual who is the subject of the personal data has consented to the processing • the processing is necessary: ◦ in relation to a contract which the individual
Q&As
For information on statutory sick pay (SSP) generally, see Practice Note: Sick pay. Under section 13 of the Employment Rights Act 1996 (ERA), an employer cannot make any deductions from the wages of a worker unless: • the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or • the worker has previously signified in writing their agreement or consent to the deduction (eg in respect of pension contributions) See Practice Note: Deductions from wages—When deductions are lawful. Separately, ERA 1996, s 14 sets out certain ‘excepted deductions’ to which section 13 does not apply. The excepted deductions in ERA 1996, s 14 include where the purpose of the deduction is the reimbursement of the employer in respect of an overpayment of wages, or an overpayment