ARCHIVED: This Precedent has been archived and is not maintained. Standard DBA (general litigation or advocacy) We have discussed various options for funding your costs, such as: • legal expense insurance, eg under your house or car insurance • via a trade union or other membership organisation • by a third party funding agreement • by legal aid • [add any other method you may have discussed] It appears that none of these options is available or suitable and we have therefore agreed to act on a damages-based agreement or ‘DBA’. A DBA is a type of no-win-no-fee agreement. The agreement itself is enclosed with this letter and it relates to [state what the DBA covers, eg your claim for breach of contract against KMFFS limited]. We are satisfied that the DBA is suitable for your needs and takes account of your best interests. Key features of a DBA The table below shows what you will be liable to pay if you win

This Guarantee is made the [insert date] day of [insert month] 20[insert year] Parties 1 [insert name of Guarantor] (Company No. [insert company number]) [of OR whose registered office is at] [insert address] (the ‘Guarantor’ which expression shall include its successors in title and permitted assigns); and 2 [insert name of Employer] (Company No. [insert company number]) [of OR whose registered office is at] [insert address] (the ‘Employer’ which expression shall include its successors in title and permitted assigns). Background (A) By an agreement in writing (the ‘Contract’) dated [insert date] made between (1) the Employer and (2) [insert name of Contractor] Company (No. [insert company number]) (the ‘Contractor’) the Contractor has agreed to [design

Key information Name of firm [Insert firm name] Name of role holder [Insert name] Reports to [Head of Human Resources (HR) or HR manager or Head of Professional Standards and Training] Role type [Insert, eg full-time/part-time/contractor][If a contractor role, length of contract] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert type of work model] Date role commenced [Insert date] Length of probation period [Insert] End of probation review date [Insert date] Role summary • To

The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee. Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that a 'take it or

In principle, Automatic Number Plate Recognition (ANPR) can be used for enforcement in a local authority car park but there are caveats as to use that may provide a basis for challenge. Accordingly, the answer is not straightforward and is dependent on various factors. On the assumption the question concerns regulated public on or off-street car parks, there are two distinct areas of legislation that apply: • the criminal law regime whereby enforcement is governed by the Road Traffic Regulation Act 1984 (RTRA 1984), and • the civil law regime for a civil or special enforcement area (C/SEA) whereby enforcement is governed by the Traffic Management Act 2004 (TMA 2004) and contravention is subject to the law of contract As

ARCHIVED: This Practice Note has been archived and is not maintained. The Construction horizon scanner tracks key upcoming developments of interest to construction lawyers. Once a development occurs, it is moved into the archive for the relevant year. This is the archive for events that occurred in 2020. Legislation What happened? When? Find out more CIGA 2020: Corporate Insolvency and Governance Act 2020 published 26 June 2020 (Royal Assent 25 June 2020) The CIGA 2020 make various changes to insolvency law in response to the coronavirus (COVID-19) pandemic. A key change for the construction industry is that, subject to certain exclusions, suppliers of goods or services will be unable to rely on contractual clauses allowing for the termination of the contract or supply in the event of the counterparty’s insolvency or restructuring—see News Analysis: Corporate Insolvency and Governance Bill—restrictions

This question raises the issue of the enforceability of covenants affecting land against successors in title of the original covenantee. In particular it concerns the interplay between the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982), the Local Land Charges Act 1975 (LLCA 1975) and the Land Registration Act 2002 (LRA 2002). When A enters into a covenant with B affecting the use of land, it is enforceable as a matter of privity of contract. As soon as either A or B transfers the interest held in the land, as between the respective landowners that privity no longer exists. The starting point is that the burden of a positive covenant will not usually run: Rhone v Stephens. Where however a covenant

The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 10 excludes a number of a specific categories of service contract from the scope of the Regulations. This includes an exemption for land transactions, covering contracts ‘for the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property, or which concern interests in or rights over any of them’ (see PCR 2015, SI 2015/102, reg 10(1)(a)). For background reading, see Practice Note: Introduction to public contracts procurement—pre PA 2023 [Archived]. Where a contracting authority is simply entering into a standard leasing arrangement, the financial consideration provided by the authority relates solely to the acquisition of land, and nothing further is required from the lessor, then arguably the land transactions exclusion ought to apply. However, the situation would be different to the extent that the transaction involved some form of development agreement. Where for example, the

We put this checklist together for use with loan agreements to determine if they will/have defaulted to synthetic LIBOR and any additional considerations. Check Comment Further information The currency of the loan Only loans in Sterling are able to use synthetic LIBOR currently. Yen loans were able to up until end 2022 and USD loans may default to synthetic USD LIBOR after end-June 2023 (depending on how the loan in drafted). Article 23D Benchmarks Regulation Draft Requirements Notice When the loan is/was put in place Synthetic LIBOR should only be used for legacy contracts. Regulators have been clear that whether or not a contract is inside or outside the scope of the UK BMR, synthetic LIBOR is not for use in new contracts more broadly. Article 23a Benchmarks Regulation Designation NoticeFCA Q&As The governing law Where the loan is governed by UK law, it will be a matter of contractual interpretation as to whether synthetic LIBOR applies (looking

[Insert in para 8.2 of claim form ET1:] 1 The Claimant works as [insert details, eg a legal secretary]. [She OR He OR They] [has OR have] a contract of employment with the First Respondent, a temporary work agency, under which [she OR he OR they] [is OR are] required to provide [insert details, eg legal secretarial] services to clients of the First Respondent. On or about [insert date] the First Respondent asked the Claimant to provide services to the Second Respondent, [insert description, eg a firm of solicitors], and the Claimant agreed to provide these services to the Second Respondent from [insert date]. [Insert details of circumstances giving rise to the claims. Sample text is provided at paragraphs 2 to 6 below.] 2 The Claimant commenced working for the Second Respondent on [insert date] in its employment department.

[Insert in para 8.2 of claim form ET1] Example 1 1 The Claimant was employed by the First Respondent as a [insert job title] from [insert date] until [his OR her OR their] dismissal on [insert date]. The First Respondent is [insert brief description of the nature of the Respondent, eg an international law firm]. The Second Respondent is [insert brief description of the nature of the Respondent, eg an international law firm]. 2 On or about [insert date] [the Second Respondent acquired the First Respondent’s business. OR [there was a service provision change in that the Second Respondent acquired the contract to provide [insert type of activity] to [insert name of entity for which the activity was carried out] OR the First Respondent contracted out the task of [insert type of activity] to the Second Respondent OR the Second Respondent

With a standard retention of title clause, the above scenario provides no difficulties. If the buyer fails to pay, then the seller repossesses all of the goods. The buyer then does not have the goods. The seller has no right to sue for the price of the goods, because the title in the goods has not passed to the buyer. So, the repossession of the goods sees the end of the contract between the parties (not least due to a total failure of consideration). If the seller resells the goods at a higher price, then the buyer cannot complain. Indeed, the buyer is probably saved an action for damages by the seller, as it may not have suffered any loss following the resale. More difficulty occurs with a clause where the passing of title in the goods