This week's edition of Construction weekly highlights includes a case in which the court considered an application for a remediation order under section 123 of the Building Safety Act 2022 (BSA 2022) (Secretary of State for Levelling Up, Housing and Communities v Grey), an announcement regarding delays to the commencement of the procurement regime to be delivered under the Procurement Act 2023 (PA 2023), guidance from the British Standards Institution (BSI) on the selection of sustainable concrete alternatives, the launch of a consultation on a draft Competence Framework for sustainability in the built environment by the Construction Industry Council (CIC), and a consultation on proposals for a new Code of Conduct and Practice for Architects launched by the Architects Registration Board (ARB).

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains choice of court agreements as set out in Article 23 of Regulation (EC) 44/2001, Brussels I. It looks at the requirements to ensure an effective agreement as well as when the article does not apply. The Practice Note also covers the hearing, the standard of proof required and whether a court has exclusive or non exclusive jurisdiction. The effect on non—EU parties is also considered. Since 10 January 2015, Regulation (EC) 44/2001, Brussels I has been repealed in its entirety and replaced by Regulation (EU) 1215/2012, Brussels I (recast). Transitional arrangements mean that Brussels I provisions may apply to the matter you are dealing with, see Practice Note: E&W Brussels I (recast)—application and exclusions. For information on types of jurisdiction clauses, see Practice Note: Jurisdiction agreements—introduction. What is a choice of court agreement? Article 23 of Regulation (EC) 44/2001, Brussels I makes provision for parties to agree which court or courts will have jurisdiction

This Practice Note discusses the form of the constitution of a private company limited by shares (LTD), the commencement and application of the Companies Act 2014 (Ireland) (CA 2014 (IRL)), mandatory and supplemental provisions of the constitution and the steps for adopting and amending a constitution. What is the constitution of a company? The constitution of an LTD is the primary legal document that outlines the basic rules in respect of the corporate governance of that company. CA 2014 (IRL), s 17 provides that an LTD is required to have a constitution as this is the principal document by which the registration and incorporation of a company is effected. Commencement of the CA 2014 (IRL)—changes to the form and structure of the constitution of an LTD—transitional provisions Pursuant to CA 2014 (IRL), Pt 2, an LTD shall have a single-document constitution. This is a clear departure from the previous position, taken by Companies Act 1963 (Ireland) and Companies (Miscellaneous Provisions) Act 2013 (Ireland),

This Practice Note considers film and television copyright issues relating to the underlying works encountered during the making of a film. It covers literary works such as scripts, biographies, characters, set design and location, photographs, music, and performances. This Practice Note also covers copyright permitted acts or exceptions that may apply when various works are included in a film—including fair dealing exceptions, incidental inclusion, reporting court proceedings, filming in a public place, and public interest. When making a new film or television programme, a number of individual different copyright works will comprise the film depending on the type of production being made, eg a drama or a factual documentary. This Practice Note looks at some of the common underlying works incorporated into film and television productions. Some of these works will not automatically belong to the production company making the film so it is essential to take either an assignment or a licence of those works created as part of the production process which grants

This Practice Note sets out processes for dealing with the release of security over commercial (as opposed to residential) property and the issues that must be considered when discharging a commercial mortgage. In residential conveyancing, most transactions are completed using the Law Society’s Code for Completion by Post (the Code) which contains an undertaking by the seller’s solicitor to discharge the seller’s mortgage on the property. While the Code is expressed to be for use in either residential or commercial transactions, it will not always be appropriate either to give the undertakings contained in the Code or to rely on the undertakings contained in the Code for the release of security over the property. A departure from the terms of the Code may need to be agreed depending on the terms of the transaction. This Practice Note assumes a situation where the buyer and/or the buyer’s lender insists that the discharge of the seller’s mortgage is available on completion. Since the seller usually needs the proceeds of sale to discharge the mortgage

ARCHIVED: This Practice Note has been archived and is not maintained. Most of the case law referred to in this Practice Note was decided specifically under the Lugano Convention 2007. However, where case law (of both EU Member State courts or the Court of Justice) decided under Brussels I or Brussels I (recast) is relevant because the provisions are identical or substantially similar, reference is made to the corresponding Brussels regime Practice Notes, which should be considered together with this note. For guidance on whether judgments of the Court of Justice are binding on UK courts following the UK’s departure from the EU, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit? Definitions • Brussels Convention 1968—the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Brussels on 27 September 1968 • Brussels I—Council Regulation (EC) No.44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement

What are discretions in employee share schemes? It is common to see contracts include powers for a party to determine a particular matter ‘in its absolute discretion’. Does such wording in practice mean what it purports to say, ie that the discretion can be exercised in any manner which that party sees fit? The answer under English law is almost certainly ‘no’, as there are significant legal constraints imposed by law on the exercise of such discretions. The inclusion of discretionary powers in employee share incentive schemes is relatively common. There are various areas of employee share plans where such discretions may be found. For example, they may be included in relation to provisions which allow vesting/exercise of awards and, perhaps most commonly, in relation to participants who are leaving employment and who may be designated as ‘good leavers’ or ‘bad leavers’ with particular consequences for the awards held by them under the scheme. Such discretions may be drafted as ‘absolute’ discretions (under which the company purports to have discretion to take

This Practice Note explains the difference between disclosure and inspection and considers when the difference will matter. It reflects different methods of inspecting disclosed documents and asks who is entitled to carry out the inspection. It also refers to the different forms of restrictions that may be imposed by the court on inspection of disclosure. Finally, it addresses the withholding from production of documents in the public interest, either under a public immunity certificate or in a closed material procedure. The purpose of inspection Disclosure and inspection are distinct concepts which often run together because, in many cases, the disclosure of a document automatically leads to its being inspected by the other party to the litigation. It is rare to find that a party will disclose a document as being under its control but will object to the inspection of it under CPR 31.3 because it is either: • claiming a right or a duty to withhold the inspection of it, under CPR 31.3(1)(b), or • asserting in its disclosure statement that in its view it

This Practice Note provides guidance on drafting a defence to a claim brought under CPR 7. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and electronic filing of statements of case. This Practice Note provides practical tips on drafting a defence to a claim. Guidance is given on attacking any deficiencies in the particulars of claim and including specific defences such as limitation, contributory negligence, illegality and lack of mitigation. For guidance on the formal requirements for defences under the CPR, see Practice Note: Drafting the defence—formalities. This Practice Note only considers drafting a defence for a claim brought under CPR 7. In claims brought under CPR 8, there is no requirement to file a defence (CPR 8.9). For more information on claims brought under CPR 8, see Practice Note: CPR Part 8 claims (alternative procedure for claims). For information on filing the defence,

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: If there is something wrong with the services provided to you, the remedies for services will apply. If there is something wrong with your goods, the remedies for goods will apply. In practice, there may be some overlap between the remedies available to you and we will try to agree the most appropriate course of action with you. Summary of some of your key rights (goods): 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 your goods can’t be repaired or replaced, then you’re entitled to a full refund in most cases; • up to six years:

This Checklist will help you determine whether you comply with the SRA’s requirement for firms to have effective governance structures in place to ensure compliance with its regulatory arrangements. It reflects the requirements in the SRA Standards and Regulations and should be read in conjunction with Practice Note: Governance structures—law firms. Requirement Compulsory or recommended Comments (if any) ☐ Develop a governance structure that, along with your other arrangements, systems and controls, is effective to ensure:—you comply with all the SRA’s regulatory arrangements, as well as with other regulatory and legislative requirements, which apply to you—your managers and employees comply with the SRA’s regulatory arrangements which apply to them—your managers and interest holders and those you employ or contract with do not cause or substantially contribute to a breach of the SRA’s regulatory arrangements by you or your managers or employees—your compliance officers are able to discharge their duties under paragraphs 9.1 and 9.2 of the

There is neither privity of contract nor privity of estate between the head landlord (freeholder) and the undertenant, and so the undertenant is not personally liable for the covenants contained in the head lease (Berney v Moore (1791) 2 Ridg Parl Rep 310 at para [331] (not reported by Lexis®Nexis)). Further, the undertenant has no equity to enforce the provisions of the underlease against the head landlord: Taylor v Gillott. See Commentary: Undertenant's liability to head landlord: Halsbury's Laws of England [117] In order to make provision for some enforceability of covenants between the head landlord and undertenant, the head landlord will often insist on it being a term of the licence to underlet that the undertenant enters into a direct covenant with the head landlord to observe and perform the covenants in the headlease. See Commentary: The landlord's