There is nothing to prevent someone from being employed by two or more individuals or entities at the same time. When it comes to drawing up the terms of employment, however, consideration will need to be given to where the respective rights and obligations of each of the parties reside, and these will need to be clearly set out in the contract. See Practice Note: Written statements of employment particulars—to 5 April 2020 [Archived]. In relation to the employer’s duty to pay wages, provided the arrangement results in there being one employment (as opposed to two discrete employments), it will be necessary to ascertain where the responsibilities for complying with PAYE obligations and accounting

This flowchart illustrates the final payment process in the JCT Intermediate

Traders seeking to rely on force majeure provisions in their contracts with consumers for delays in performance caused by the coronavirus (COVID-19), or to relieve them of their contractual obligations, will need to consider whether: • the term has been effectively incorporated into the contract, determined in accordance with common law principles, and • the term is fair, determined in accordance with the Consumer Rights Act 2015 (CRA 2015) If the force majeure clause has not been effectively incorporated into the contract or is unfair, it will not be enforceable against the consumer. Incorporation In order to be enforceable, a term must be properly incorporated into the B2C contract at the time the contract is made. The party seeking to rely on them must show that either the other party has specifically agreed to, or knew of, the terms (eg by showing a signature to them) or that it has done what is reasonably sufficient to give the

Overreaching is a statutory mechanism available to a mortgagee (among others) to confer title on the buyer free from charges and encumbrances ranking subsequent to the mortgagee’s security. Under section 104(1) of the Law of Property Act 1925 (LPA 1925), a sale by a mortgagee exercising its power of sale will override all rights over which the charge has priority. LPA 1925, s 104(1) provides: ‘A mortgagee exercising the power of sale conferred by this Act shall have power, by deed, to convey the property sold, for such estate and interest therein as he is by this Act authorised to sell or convey or may be the subject of the mortgage, freed from all estates, interests, and rights to which the mortgage has priority, but subject to all estates, interests,

ARCHIVED: This flowchart has been archived and is not maintained. This flowchart illustrates the interim

The Contract comprises the completed Standard Building Contract With Quantities 2016 published by the JCT subject to the following amendments: RECITALS Fifth Recital Fifth Recital Delete the Fifth Recital and substitute:‘The Contractor has supplied the Architect/Contract Administrator with a master programme and a Schedule of Information Requirements.’ Twelfth Recital Twelfth Recital Delete the first sentence and replace with: 'The Contractor has inspected the Site and satisfied himself as to its dimensions, location and other relevant matters, and where there is a Contractor’s Design Portion, has examined the Employer’s Requirements and is satisfied that the Contractor’s Proposals will meet the Employer’s Requirements, and has agreed to accept responsibility for the entire design contained in the Employer’s Requirements and the Contractor’s Proposals.' ARTICLES Article 5 Article 5 In the first line after ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’ Article 6 Article 6 In the first line, after ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’At the end of Article 6 insert:'The Contract Sum includes the Contractor’s price for fulfilling the duties of Principal Contractor.' Article 8 Article

Financial thresholds in the Public Contracts Regulations 2015 (PCR 2015) The PCR 2015, SI 2015/102, apply to procurements where the estimated value of the proposed tender (including VAT) is greater than the prescribed financial thresholds. The prescribed thresholds are set out in PCR 2015, SI 2015/102, reg 5. The provision governing how the value of a procurement is to be estimated is PCR 2015, SI 2015/102, reg 6. The precise means for valuing a tender varies according to the type of contract involved. There are, however, some common principles which apply generally. General principles PCR 2015, SI 2015/102, reg 6(1) states that the calculation of estimated

Landlord and Tenant Act 1987, section 5D OFFER NOTICE To: [[name of tenant] OR The qualifying tenant of [address of flat]] of [address of flat] [YOU ARE ADVISED THAT THIS NOTICE RELATES TO IMPORTANT LEGAL RIGHTS FOR THE BENEFIT OF YOU AND OTHER QUALIFYING TENANTS UNDER THE LANDLORD AND TENANT ACT 1987 AND YOU SHOULD SEEK URGENT LEGAL ADVICE UPON IT.] We [[insert name and address of landlord or mortgagee exercising power of sale] OR [insert name and address of landlord’s agent] as agents for [insert name and address of landlord or mortgagee exercising power of sale]] (the 'Landlord') give you notice as follows: 1 This

Section 233B of the Insolvency Act 1986 (IA 1986) was inserted by the Corporate Insolvency and Governance Act 2020. IA 1986, s 233B(3) provides that any provision in a contract for the supply of goods or services whereby the contract would terminate due to the customer entering into an insolvency procedure, or whereby the supplier would be entitled to terminate as a result of the insolvency procedure, ceases to have effect where a company becomes subject to one of the specified insolvency procedures (as defined in section 233B(2)). Further, if the entitlement arises before the commencement of the insolvency procedure, that right cannot be exercised during the insolvency period (section 233B(4)). A supplier is also prohibited from requiring pre-insolvency debts to be paid as a condition of making further supplies (section 233B(7)). A supplier can in such circumstances only terminate the contract where the company

This Q&A assumes that the contract is a general business-to-business commercial transaction. In addition to the express terms agreed between parties to a contract, a contract may also include implied terms. One of the categories of implied terms are those implied into a contract through custom and usage. This may arise where a custom operates within an industry or where a particular custom has arisen between the parties, which is not an industry-wide custom, but is evidenced as customary in the specific course of dealings between the parties. A term will only be implied in this way where there is evidence of a considerable uniform course of dealing between the parties. Cases on course of dealing often concern

In answering this Q&A we have considered whether, prior to concluding a public contract tendered under the restricted procedure, the contract terms advertised can be negotiated with the preferred bidder and subsequently amended—and what might happen if this was to take place. We have also limited our research to procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. What happens if during the tender period one or more bidders asks for the contract terms to change? It is not uncommon, during the tender period, for a bidder to ask for a term in the draft contract to be amended. Where this happens the contracting authority must give careful consideration to whether the proposed amendment can be accepted or not. Reasons why an amendment might be required include a genuine mistake on the part of the contracting authority that needs correction or an understanding from the contracting authority that the contract terms

Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Standard Building Sub-Contract Agreement 2016 (SBCSub/A 2016) and JCT Standard Building Sub-Contract Conditions 2016 (SBCSub/C 2016) as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto). This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Contractor] (‘the Contractor’); 2 [insert name of the Sub-Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Sub-Contractor] (‘the Sub-Contractor’). Now it is agreed that: 1 Interpretation In this Agreement words and expressions shall have the meanings that are respectively assigned to them in the JCT SBCSub/A 2016 and the JCT SBCSub/C 2016, referred to in and modified and supplemented in Schedule 1 and/or Schedule 2. 2 The contract This Agreement, together with the following documents, constitute the ‘contract’ and are in the following order of priority in the event of any discrepancies contained