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PRACTICE NOTES
This Practice Note examines the legal and practical issues for an employer on a team move, where one or more of its employees solicit or poach other employees of the current employer to join a new employer or to set up in business on their own account. Their move may have been orchestrated by the new employer. The team move scenario has given rise to a number of employee competition cases, and the law has developed in response to this phenomenon. From the initial position that there was ‘nothing in the general law to prevent a number of employees in concert deciding to leave their employer and set themselves up in competition with him’ (see Searle v Celltech), team moves are now fraught with legal difficulties for the current employer, the departing employees and their new employer. This Practice Note focuses on the issues affecting the current employer in a team move scenario. For a discussion of the various legal and practical issues for employees when moving to a competitor and for a new employer,
PRACTICE NOTES
As a general rule, law firms are not permitted to engage directly in insurance distribution activities, unless they are authorised by the Financial Conduct Authority (FCA). This Practice Note focuses on law firms carrying on insurance distribution activities on an ancillary basis, which is permitted. This is most likely to be relevant to law firms engaging in conveyancing, personal injury or private client work, who arrange ancillary insurance such as defective title insurance, after-the-event insurance for legal fees or a seven-year plan for inheritance tax. This Practice Note reflects regulatory requirements applying to law firms under the insurance distribution regime and the SRA Financial Services (Scope) Rules and SRA Financial Services (Conduct of Business) Rules (COB Rules). See also Precedent: Letter recommending insurance—demands and needs—law firms. This Practice Note does not cover financial services activities relating to pre-paid funeral plans. As a general rule, you cannot act as a provider of pre-paid funeral plans or administer such plans unless you are authorised by the FCA. However, you can act as an intermediary in relation to pre-paid
NEWS
This week's edition of Construction weekly highlights includes a case where the Court of Appeal upheld a Technology and Construction Court (TCC) decision affirming that the appellant’s entitlement to levy delay damages was subject to a condition precedent (DBS v Tata), a case where the TCC considered inadvertent disclosure and the applicable principles to decide whether or not permission could be given to use those documents in the proceedings (The New Lottery Company v The Gambling Commission), CIOB’s response to the Government’s reaction to the Grenfell Tower Inquiry Phase 2 Report, publication of the Ministry of Housing, Communities and Local Government (MHCLG)’s impact assessment on the Planning and Infrastructure Bill (Bill) as well as the Royal Institute of British Architects (RIBA)’s recommendations for the Bill, and publication of the Royal Institution of Chartered Surveyors (RICS)’s UK Construction Monitor for Q1 2025.
GLOSSARY
The construction contract may provide for the works to be undertaken in sections (or parts), with each section having its own completion date and specific rate of LADs applicable to that section. Sectional completion must be expressly provided for in the contract.
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of supplier], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [insert name of customer], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer wishes to procure software[, hardware], software configuration and development services, installation services and other related services. The Supplier has represented to the Customer that it is experienced in the provision of such services to customers in the [insert relevant industry, eg retail] industry. (B) The Customer has agreed to procure the Services from the Supplier and the Supplier has agreed to provide the Services to the Customer on the terms and conditions of this Agreement. The parties agree as follows: 1 Definitions and Interpretation 1.1 In this Agreement the following terms have the following meanings: Acceptance • means that: (a) the Customer confirms in writing that the Software has passed or is deemed to have passed
GLOSSARY
Utmost good faith, or the principle of uberrima fides, is a term of art for insurance contracts. The common law duty of utmost good faith requires both parties to the contract to disclose all material facts. In practice, the onus of the obligations rests with the party being insured, the proposer, who must disclose all material facts known to it during preliminary negotiations for an insurance contract.
PRACTICE NOTES
A Absolute title One of the classes of title available in relation to registered land. Note Absolute title is the best class of title that can be granted: it indicates that there is nothing (apart from entries in the register of title and any overriding interests) that affects the registered proprietor’s ability to deal with the land. Abstract (of title) A summary (prepared and certified by a lawyer) of the contents of the title deeds relating to a particular property. Acquiring authority See Compulsory purchase. Act of Parliament Law approved by both Houses of Parliament (in the form of a written Bill) that has received Royal Assent. Sometimes referred to as primary legislation. See also Secondary legislation. Adoption The legal mechanism by which a highway in private ownership becomes a highway maintainable at the public expense. Note One of the consequences of adoption is that the local highways authority acquires title to the surface of the highway and sufficient subsoil beneath it to enable the authority to repair and
GLOSSARY
Onerous property (including a contract) is any unprofitable contract and any other property comprised in the insolvency estate which is unsaleable, or is such that it may give rise to a liability to pay money or perform any other onerous act.
GLOSSARY
A set of amendments to a standard form contract whereby the parties set out agreed amendments to the published terms. It must therefore be read in conjunction with the standard form. Any schedule of amendments must be properly incorporated into the contract.
GLOSSARY
An event, circumstance or cause which, under the contract, is at the risk or responsibility of the employer—if the event/circumstance transpires, then the contractor will be generally be entitled to additional time and money (depending on what the contract says).
GLOSSARY
An amount inserted in a bill of quantities, or contract sum analysis, to cover certain items of work in building or engineering contracts which cannot be accurately defined, detailed or valued at the time when the tendering documents are issued by the employer ie a type of contingency sum. The contract sum will be adjusted upwards or downwards according to the actual expenditure.
PRACTICE NOTES
Updated in December 2025 Introduction India is one of the fastest growing economies in the world. The Foreign Direct Investment (FDI) inflow in the financial year 2024–25 stood at US$80.62bn which is the highest among the last three financial years. Further, total FDI inflow reported during the first half of financial year 2025–26 stood at US$50.36bn (provisional) and has increased by 16% compared to the first half of financial year 2024–25 which was US$43.37bn. Positioned as the third-largest startup hub globally, India's startup environment is thriving with innovation, ambition and a strong entrepreneurial spirit. There are approximately 201,335 recognised startups which have created over 21 lakh jobs across the country, with at least one recognised startup in every state. This Practice Note is intended to provide a broad legal perspective on doing business in India. The Practice Note is written in general terms and its application to specific situations will depend on the particular circumstances involved. Readers should obtain their own professional advice and this Practice Note should not be seen as replacing