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PRACTICE NOTES
The timeline outlined below is an indicative (and in most cases very aspirational) time-frame incorporating the various steps required through the process of a typical secondary debt trade and is rarely achieved in the context of an actual trade. The failure to achieve the timeline is not a breach of contract. The process is similar for trading of par debt and distressed debt although the table below highlights certain specific differences between the two types of trade. This timeline has been produced on the assumption that the Loan Market Association (LMA) secondary debt trading suite of documents will be used by the parties to document their trade. For more information on the documentation for secondary debt trades, see Practice Note: Overview of the key documentation in a typical secondary debt trade. Timeline of a typical secondary debt trade T = Trade date. All references to days are to business days. Day Action Pre-trade date Ideally, to avoid delay between the trade date and the settlement date:• The buyer and
PRACTICE NOTES
This Practice Note provides a comparative overview of the principal statutory differences between the consumer insurance disclosure and misrepresentation regime under the Consumer Insurance (Disclosure and Representations) Act 2012 (CI(DR)A 2012) and the non-consumer insurance reforms introduced by the Insurance Act 2015 (IA 2015). The comparison focuses on the insured’s pre-contractual obligations, the treatment of misrepresentations, the insurer’s remedies for breach, and related reforms concerning basis of contract clauses, warranties, terms unrelated to the actual loss, fraudulent claims, late payment of claims, contracting out and the duty of utmost good faith. For further information, see Practice Notes: Insurance Act 2015 (IA 2015)—essentials and A guide to the Consumer Insurance (Disclosure and Representations) Act 2012. Heading Consumer Insurance (Disclosure and Representations) Act 2012/CI(DR)A 2012 Insurance Act 2015/IA 2015 Legislation CI(DR)A 2012. IA 2015—relevant late-payment provisions inserted by the Enterprise Act 2016. Applies to Consumer insurance contracts only: insurance taken out by an individual wholly or mainly for purposes unrelated to the individual’s trade, business or profession
PRECEDENTS
1 Introduction 1.1 This document sets out the policy and procedure operated by the Company to address: 1.1.1 poor performance (by which we mean lack of skill and aptitude in undertaking a job role) (see paragraph 2); 1.1.2 genuine persistent, intermittent, short-term absence (see paragraph 3); and 1.1.3 long-term ill-health absence (see paragraph 4). Paragraph 5 sets out the formal capability procedure that will apply if informal steps taken to deal with any of these issues are insufficient, ie invitations, attendance, the right to be accompanied, how capability meetings are conducted, adjournment, the decision and the right of appeal. 1.2 This policy[ has been agreed in consultation with [trade union representatives OR the staff association OR employees] and] applies to all employees. 1.3 This policy intends to provide a framework for dealing with matters in a fair, supportive and consistent manner. It is intended only as a statement of the Company's policy and does not form part of any contract of employment or otherwise have contractual effect. The Company reserves the right to make additions or alterations to the policy from time to time and you will be notified of any such additions or alterations.
PRECEDENTS
This Precedent is a short-form, basic pro forma grievance policy and procedure for an employer to include in a staff handbook. The procedure complies with the requirements of the Code of Practice on Grievance and Disciplinary Procedures and includes information on the right to be accompanied and overlapping grievance and disciplinary matters. The contract of employment must include express terms outlining the grievance and disciplinary procedures that apply to the employment. The Code of Practice on Grievance and Disciplinary Procedures provides that grievance and disciplinary procedures should be in writing and in a form and language that can be easily understood. This grievance procedure is intended to be such a document and should be provided to all employees at the commencement of their employment. Good practice requires a number of stages in grievance handling. Procedures should be reviewed and updated periodically so that they are consistent with changed circumstances in the workplace, developments in employment legislation and case law, and good practice generally For a more detailed grievance policy and procedure, see Precedent: Ireland—Grievance policy and procedure. See
PRACTICE NOTES
A contractual option to take a lease for a further term is a ‘call’ option. It confers a unilateral right on the tenant to call for a renewal lease. There is no obligation on the tenant to exercise this right, but if the tenant does so the landlord must then perform its part of the bargain. The right to call for a renewal lease is often subject to conditions precedent (such as the tenant having paid all rents and complied with the other tenant covenants in the lease) – for further discussion see Conditions precedent below. A call option is a contract for the sale of an interest in land within Law of Property (Miscellaneous Provisions) Act 1989, s 2(1). The option must: • be in writing • contain or incorporate all of the terms expressly agreed between the parties, and • be signed by or on behalf of each party When the tenant exercises the option by giving notice to the landlord, that is simply a unilateral mechanism to trigger the obligation
Q&As
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134, apply if you enter into an off-premises or distance contract with a consumer client. At the heart of the regulations is the duty to give the client: • notice of their right to cancel (called Instructions for cancellation) and • a prescribed cancellation form These are separate documents, which can be found in Schedule 3 of the Regulations—see precedents: Instructions for cancellation (non-digital content) or Instructions for cancellation (digital content) and Cancellation form This Q&A deals with the practical question: should you include the Instructions for cancellation in your client care letter or terms of business. It also suggests best practice where you are entering into a funding agreement, eg a conditional fee agreement (CFA) or damages-based agreement (DBA). Where this Q&A refers to CFAs, the same principles apply to DBAs. Standard retainer If you are not entering into a CFA, you will probably incorporate the Instructions for cancellation into your client care letter or Terms of Business
Q&As
The UK public procurement regime is derived from EU public procurement laws, and was therefore impacted by the UK’s withdrawal from the EU. 11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At that point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. See Practice Note: What does IP completion day mean for public law? [Archived] For any procurement exercise started before IP completion day, transitional procurement rules reflecting the relevant requirements applicable under EU law still apply until the contract has been awarded, or the exercise is abandoned. After IP completion day, the EU Directives underpinning the domestic public procurement regime no longer apply to contracting authorities in the UK in the way they did before. However, most of the relevant EU law has been implemented
Q&As
The term ‘vanishing dismissals’ is used to describe the general principle that a successful appeal has the effect of negating the original decision to dismiss, and therefore it revives the contract of employment which continues without interruption. This principle operates automatically and irrespective of any particular actions by the employer. In Roberts v West Coast Trains, the Court of Appeal held that there had been no 'dismissal' for the purposes of the unfair dismissal legislation where the employee had been dismissed at an early stage of a disciplinary process but had subsequently been re-engaged after a successful internal appeal (which took place after the employee had submitted an unfair dismissal claim). The Court of Appeal considered this to be in line with West Midlands Co-operative Society v Tipton. In that case, the House of Lords agreed (in the absence of an express contractual provision to the contrary) with the reasoning approved by the Court of Appeal in Savage v J Sainsbury that: • when a notice of immediate
Q&As
With LIBOR due to be discontinued or become unrepresentative in most currencies and tenors at the end of 2021, market participants must now use other reference rates in loan agreements and other contracts. This Q&A suggests reference rate options for new loan agreements and those legacy loan agreements that are to be amended. For tough legacy contracts (ie those that can’t be amended), the EU, US and UK have all put forward different legislative solutions to ensure contract continuity, though the solutions won’t be available for all legacy contracts. Practice Note: LIBOR transition—legislative solutions to tough legacy contracts [Archived] discusses these solutions in detail and when they apply. What are the key options for Sterling loans? SONIA, compounded in arrears: SONIA, compounded in arrears, is expected to be suitable for use in the vast majority of cash products. There are various possible compounded methodologies—see Practice Note: What are the key considerations when drafting a compounded-RFR based loan agreement? The ICE RFR Indexes, published by ICE Benchmark
PRACTICE NOTES
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1534. HC 1534 was issued on 11 October 2018, along with an Explanatory Memorandum (EM). It covers the following changes of interest to immigration advisers: • expansion of the EU Settlement Scheme pilot, and introduction of the Administrative Review scheme for refusals made under Appendix EU • removes mention of Premium Service Centres ahead of the roll out of the new Sopra Steria contract • changes to the requirement to provide original documents, so that these are no longer mandatory for most applications • changes to evidential flexibility, enabling the Home Office to use this more flexibly and in a wider range of applications, and • new Rules for unaccompanied children who were transferred to the UK following closure of the Calais camp to apply for limited and indefinite leave to remain It is possible to navigate to specific topics quickly using the Contents bar on the left side of the screen. Implementation Unless otherwise
PRACTICE NOTES
A A Definition Alternate director An individual (whether another director or any other person) appointed by a director to exercise that director’s powers and carry out that director’s responsibilities in relation to the taking of decisions by the directors, in the absence of the alternate's appointor. Unlike the Table A articles, the Model Articles for private companies limited by shares do not contain provisions about the appointment or removal of alternate directors. A company that has adopted bespoke articles of association may include provisions for the appointment, removal, rights and responsibilities of alternates (for example see article 4 of Precedents: Articles of association—joint venture company—deadlock (50:50) and Articles of association—joint venture company—majority/minority). Articles of association Generally referred to simply as the Articles. It is the principal constitutional document of a company, dealing with management and administration issues, most notably the powers of directors, the transfer and issue of shares and board and member meetings. The Articles form the fundamental contract between the company and the shareholders and must be available for public inspection at Companies
PRACTICE NOTES
Do I need a local authority search? Almost all transfers of property (whether commercial or residential) and acquisitions of new interests in property require a local authority search. A local authority search provides essential information about the land in which an interest is being acquired, enabling the purchaser to make an informed decision as to whether to proceed with acquiring an interest in the land. This Practice Note looks specifically at planning-related issues revealed by local authority searches and search enquiries. For more information on property searches, see Practice Notes: Pre-contract searches and Chancel repair liability. Identifying the correct authority Ensure the application for a local authority search is being made to the correct local authority, as boundaries are sometimes changed by local government. Gov.uk provides a postcode search to ascertain what local authority is responsible for an area. Note that the Infrastructure Act 2015 (InA 2015) provides for the transfer of responsibility for local land charges (LLCs), which form part of a local authority search, from individual local authorities in England and Wales to a centralised