This Checklist highlights issues that commonly require consideration prior to a party referring a dispute to adjudication. It includes links through to in-depth guidance on the various issues and notes the relevant provisions of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) where applicable. Legal matters It is necessary to check that there is a legal right to refer a dispute to adjudication, including whether the dispute has crystallised and comes within the scope of permitted disputes. • Entitlement to refer a dispute to adjudication The referring party must have a legal right to refer a dispute to adjudication. This can be either a statutory or a contractual right, or an ad hoc agreement between the parties to adjudicate. Therefore, consider: ◦ is there a statutory right—does the parties’ contract fall within the definition of ‘construction contract’ under HGCRA 1996, s 104 and is not otherwise excluded from its ambit? See Practice Note: What is a construction contract under the HGCRA 1996? ◦ is there a contractual right to adjudicate? See

This Practice Note explores IT procurement (or information technology procurement, tech procurement or technology procurement) setting out the main stages in the IT procurement process, key contract documentation, the principal legal and commercial issues and some specific cloud computing and open source software (OSS) considerations. It focuses on customer concerns but also highlights some considerations for the supplier where relevant to IT procurement. Issues specific to public sector IT procurement are not covered here, but instead, see: Public sector technology sourcing—overview, and Practice Notes: Public procurement—private sector considerations—pre-PA 2023 [Archived] and Freedom of information and public contracts [Archived]. Main stages of IT procurement An IT procurement exercise will broadly follow a lifecycle comprising some or all of the following stages (depending on the value and complexity of the procurement and the sourcing approach adopted): • the customer identifies their initial requirement for a product/service/solution in response to a business need • the customer develops a specification for the technology or IT services that will meet that business need • the customer scopes particular items of IT (software,

STOP PRESS: With effect from 1 January 2027, section 25 of the Employment Rights Act 2025 (ERA 2025) amends the qualifying period for ordinary unfair dismissal set out in section 108 of the Employment Rights Act 1996 (ERA 1996) from two years to six months, and removes the cap on the compensatory award in ERA 1996, s 124. Transitional provisions are set out in the Employment Rights Act 2025 (Commencement No 4 and Transitional and Saving Provisions) Regulations 2026, SI 2026/559. For information on the implications of the reduction in the unfair dismissal qualifying period for probationary periods, see Practice Note: Probationary periods. This Practice Note will be reviewed shortly. This Practice Note explores the issues to consider when acting for an executive director (who will also be an employee) entering into a service agreement and/or reviewing the draft service agreement. It: • is not suitable for use when advising a non-executive director • does not address the particular issues that apply where the company is regulated by the Financial

STOP PRESS: With effect from 1 January 2027, section 25 of the Employment Rights Act 2025 (ERA 2025) amends the qualifying period for ordinary unfair dismissal set out in section 108 of the Employment Rights Act 1996 (ERA 1996) from two years to six months, and removes the cap on the compensatory award in ERA 1996, s 124. Transitional provisions are set out in the Employment Rights Act 2025 (Commencement No 4 and Transitional and Saving Provisions) Regulations 2026, SI 2026/559. For information on the implications of the reduction in the unfair dismissal qualifying period for probationary periods, see Practice Note: Probationary periods. This Practice Note will be reviewed shortly. This Practice Note explores the issues to consider when acting for an employee entering into a contract of employment and/or reviewing the draft employment contract. The contract will, almost invariably, have been prepared by the employer and so the drafting will be pro-employer. If the draft is based on the employer's 'standard' terms for employees at the same level,

Physical extent, boundaries, rights, etc • Does the sale plan correspond with: ◦ the evidence contained in the title deeds, and ◦ the actual boundaries of the property as shown by fences, walls, ditches, rivers, streams, etc or as disclosed by the seller in replies to enquiries? For further guidance, see Practice Note: Property boundaries. • Is a new boundary being created as a consequence of the sale? Has it been accurately marked out on the ground, and do the plans accurately reflect its position? Who is responsible for creating it and/or subsequently maintaining it? • Is defective title indemnity insurance required? If so, who is to obtain it and pay for it? For further guidance, see: Defective title insurance—checklist. • Are mines and minerals included in the sale? For further guidance, see Practice Note: Manorial rights. • Are sporting rights included in the sale? For further guidance, see Practice Notes: Profits a prendre and Riparian owners and fishing rights. • Does the property enjoy sufficient access rights (over public or private accessways)

This Checklist considers various issues which may arise when completing a costs budget also known as Precedent H. It takes the form of questions and answers. It should be remembered when completing a costs budget that costs involved in a case will vary depending on the specific circumstances of that case and the issues raised below are, therefore, generic. A link is also provided to a fully interactive Precedent H. General comments Question Response When is there a requirement to file and exchange a costs budget? A costs budget must be completed, filed with the court and served on the other parties in the proceedings unless proceedings are excluded from the costs budgeting rules. Where it is excluded, a costs budget need not be completed unless the court orders otherwise, eg the value of the claim is equal or more than £10m. For information, see Practice Note: Costs management and costs budgeting—general principles. Is there a time limit for filing the costs budget? Yes, there are time limits in which the parties must file

For guidance on the position from 1 October 2020, see: Issues to consider when completing costs budget—checklist. This Checklist considers the position up until 30 September 2020. It looks at the various issues that may arise when completing a costs budget also known as Precedent H. It takes the form of questions and answers. It should be remembered when completing a costs budget that costs involved in a case will vary depending on the specific circumstances of that case and the issues raised below are, therefore, generic. A link is also provided to a fully interactive Precedent H. General comments Question Response Do I have to complete a costs budget? A costs budget must be completed, filed with the court and served on the other parties in the proceedings unless proceedings are excluded from the costs budgeting rules. Where it is excluded, a costs budget need not be completed unless the court orders otherwise eg the value of the claim is equal or more than £10m. For information, see

The employee (and their adviser) should consider the following issues: Preparatory steps • Obtain: ◦ a copy of the employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ a copy of the P45 or latest payslip ◦ 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 ◦ copies of relevant open and without prejudice correspondence between the employer and the employee • Consider the nature of the advice being given, and ensure that this is reflected in the client care letter/terms of business, ie: ◦ is the advice being given confined to advice on the terms and effect of the settlement agreement (as required to meet the relevant condition regulating settlement agreements)? ◦ is the employee also

Introduction This checklist highlights issues to consider when acting for the seller of agricultural land, including issues relating to the Basic Payment Scheme (insofar as it continues to apply to land in Wales), taxation, capital allowances and VAT. In relation to some of the matters that are identified, the principal purpose is to ensure that as comprehensive a contract, title and information pack is supplied to the buyer at the earliest possible opportunity so as to reduce the potential for ‘price-chipping’ which might otherwise arise if unexpected ‘blemishes’ only reveal themselves further down the line. Physical extent, boundaries, rights, etc • Does the sale plan correspond with: ◦ the evidence contained in the title deeds, and ◦ the actual boundaries of the property as shown by fences, walls, ditches, rivers, streams, etc or as disclosed by the seller in replies to enquiries? For further guidance, see Practice Note: Property boundaries • Is a new boundary being created as a consequence of the sale? Has it been accurately marked out on the ground, and

Who do the emails in the inbox belong to? The court considered this question in the recent case of Fairstar Heavy Transport NV v Adkins where a non-employee sent and received emails on company business from a private email account. The court held there was no binding authority to the effect that there was a proprietary right in information, nor did logical or practical considerations suggest that the content of an email, being information, was a form of property. On appeal however, the court examined the nature of the relationship and the relationship between the parties, as opposed to the existence of any 'proprietary right' to the information: 'The conclusion that I have reached on this appeal makes it unnecessary to explore the question whether information in the content of the emails is property owned by Fairstar, either as a matter of fact or law. The distinction drawn in the preliminary issue between an electronic communication and the content of it and the claim to a proprietary

Considerations in respect of the deceased person's estate Although there are certain assets which do not require a grant of probate or letters of administration in order to establish the right to recover or receive them, such as joint account holdings, beneficial joint tenancies of land, nominated assets and pensions etc, see Practice Note: Devolution of assets and the need for a grant, in order to deal with the deceased's digital data, a grant of probate or letters of administration will need to be obtained. Our news analysis How is the landscape of digital legacies developing? sets out that although digital data may have no monetary value, it often carries sentimental value and those administering an estate may still wish to take action, for example, to ensure the data is not misused in the future or to use the data as a way of preserving the deceased's memory. The Administration of Estates Act 1925, section 1, subsections 1–3 provides that: '1 Devolution of real estate on personal

A number of issues can arise when land is no longer used for agricultural purposes, whether as the result of a disposal of the land out of farming altogether or a diversification of activity within a continuing farming enterprise. Overage Agricultural land continues to be sold to developers (and others) who harbour short or long term hopes of securing planning permission for residential or commercial development of it. There is, of course, a huge difference in the value of the land with and without such permission. In those circumstances, if acting for the seller you should always consider whether the sale contract should contain some form of overage (sometimes also known as ‘clawback') mechanism so that the seller or their successors in title can share in the increased value of the agricultural land as and when planning permission is obtained. For further guidance, see Practice Note: Overage—advice to clients and Negotiating overage—acting for the seller—checklist. Sporting rights Agricultural land may be subject to sporting rights (eg shooting and fishing) which have been expressly