This response is based on the approach of the courts of England and Wales and assumes that the contract was entered into after 17 December 2009. When determining the applicable law for a contract concluded after 17 December 2009, the courts will apply the provisions in Regulation (EC) 593/2007, Rome I. This EU regulation is not based on reciprocity and therefore applies regardless of the domicile of the parties to the contract. It would therefore be applied by

Law360, London: Ediphy has alleged that the Financial Conduct Authority (FCA) carried out a 'fatally flawed and unfair' procurement process for a prestigious contract worth an estimated £29.5m to provide bond consolidated tape.

In the first instance, the relevant statutory provisions which apply in these circumstances are, of course, the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations, SI 2002/2034 (FTE Regulations 2002). One needs, however, to consider that there are two different types of discrimination provisions: those that protect all employees (ie universal provisions) and those that protect only a specified, defined group. An example of the former is section 11 of the Equality Act 2010 (EqA 2010), which defines the protection afforded to the protected characteristic of sex. All employees of both sexes enjoy the protection. Hence, both male and female employees can pursue claims of sex discrimination if the factual matrix warrants such a claim. The same applies to the protected characteristics of, for example, race and age. All employees of every age and race potentially enjoy the protections afforded by EqA 2010

In this Q&A we assume that: • both the tenant and the landlord will fall within the definition of ‘owner’ under section 20 of the Party Wall etc Act 1996 (PWA 1996) • the relevant works may impact on a party wall, fence of structure within the definition of PWA 1996 (see Practice Note: Party Wall works—notices, disputes and awards) It does not appear that PWA 1996 contains any provision preventing parties from contracting out of it.

When can you apply for specific performance of a contract? As explained in our Practice Note Equitable remedies in contractual disputes, specific performance of a contractual obligation may be ordered only where there is a valid and enforceable contract. After an order for specific performance the contract continues in existence, but the court controls the manner in which the contract will be performed. Specific performance is not available following

Disclaimer is a statutory procedure which is governed by the Insolvency Act 1986 (IA 1986) and by the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016). In the case of liquidation, the relevant provisions are found in IA 1986, ss 178–182 and in IR 2016, SI 2016/1024, rr 19.1–19.11. The statutory provisions provide that liquidators are entitled to disclaim any onerous property. Onerous property in relation to a liquidation is defined as: • any unprofitable contract, and • any other property which is unsaleable or not readily saleable or is such that it may give rise to a liability to pay money or perform any other onerous act (IA 1986, s 178) See Practice Note: The process of disclaimer by a liquidator or trustee in bankruptcy under sections 178 or 315 of the Insolvency Act 1986. Onerous property

For information on the statutory right to a minimum period of notice under Employment Rights Act 1996 (ERA 1996) generally, see Practice Note: Statutory minimum notice. The statutory right to notice ERA 1996, s 86(1)–(2) sets out the statutory period of notice required to terminate the contract of employment of a person who has been continuously employed for one month or more. For these purposes, ‘contract of employment’ means a contract of service or apprenticeship, whether express (oral or in writing) or implied. An employee on a fixed term contract of employment has the same right to statutory notice as other employees,

This Q&A is relevant to contracts which are business-to-business contracts, to which the Late Payment of Commercial Debts (Interest) Act 1998 (LPCDIA 1988) applies. Part II of the LPCDIA 1998 deals with the extent to which parties may, by reference to contract terms, oust or vary the right to statutory interest before the debt is created. Section 8 of the Act provides that: (1) Any contract terms are void to the extent that they purport

Law360, London: Breach of contract claims related to a 787 Dreamliner sale should be severed from litigation brought by Norwegian Air subsidiaries that also accuses the company of fraudulently misrepresenting its 737 Max aircraft, Boeing told a Washington federal judge.

This playbook provides guidance for negotiating two clauses (relating to arrears and the seller’s release respectively) in an agreement for sale of a property that is subject to one or more commercial leases. The playbook can be used by lawyers acting for the seller and in-house counsel, who should modify the playbook as necessary to address client-specific issues and ensure that the client’s interests are fully protected. The level of risk noted in the playbook may vary depending on the client. This playbook includes preferred contract provisions, fallback language, and guidance that favour the seller. For a full list of related content, see the Contracts subtopic. For template sale agreements, see Contract for sale—freehold subject to leases and Contract for sale—leasehold subject to leases. See also Practice Note: Dealing with rent arrears on the sale of a property subject to leases. Arrears Clause name Arrears Alternate names N/A Risk Medium Explanation Arrears comprise any monies due from an occupational tenant which the Seller has not received in cleared funds on

The Contract comprises the completed Design and Build Contract for use in Scotland 2016 Edition published by the SBCC subject to the following amendments: RECITALS Third Recital Third Recital Delete and insert:‘The Contractor has:(a) inspected the Site and satisfied himself as to its dimensions, location and other relevant matters(b) examined the Employer’s Requirements and is satisfied that the Contractor’s Proposals and Contract Sum Analysis will meet the Employer’s Requirements, and(c) agreed to accept responsibility for the entire design contained in the Employer’s Requirements and the Contractor’s Proposals.’ ARTICLES Article 1 Article 1 After ‘shall’ insert ‘carry out and’ Article 6 Article 6 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 8 Delete Article 8 and insert:‘Not used.’ Article 11 Insert new Article 11 as follows: ‘Article 11 [ To be added on the face of the contract ] The Employer and the Contractor agree that the modifications in the Schedule of Amendments attached hereto (as initialled by the parties) shall be incorporated into this Contract and the provisions

This Practice Note explains the contractual requirements as between a firm—referred to as a principal—and its appointed representative (AR) under Chapter 12 of the Supervision manual (SUP 12) of the Financial Conduct Authority (FCA) Handbook. For an overview of an AR's appointment and activities, see Practice Notes: Appointed representatives and A principal's responsibility for its appointed representatives. New, more stringent requirements around principals and their ARs came into effect on 8 December 2022, including additional rules and requirements around the contracts between them. The information in this Practice Note reflects the FCA’s new rules and guidance in this regard. For more information on the new regime, see The new AR regime below and Practice Notes: Appointed representatives and A principal's responsibility for its appointed representatives. This Practice Note only covers contractual requirements as between an AR and its principal. It does not cover contractual requirements as between principal and principal, ie multiple principals. For guidance on multiple principals and responsibility for ARs, see Practice Note: Multiple principals and appointed representatives. Required contract terms A