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PRACTICE NOTES
A dispute board is a panel appointed to assist in the resolution of disputes which arise under a construction contract. It is intended to allow the swift and cost-effective resolution of disputes without the need for the parties to resort to the more expensive and time-consuming options of arbitration or court. Due to the cost involved (albeit they are substantially lower than the costs of arbitration or litigation) dispute boards are more commonly employed on larger construction projects, and less often on smaller ones. Dispute boards are normally found in construction contracts to which the Housing Grants, Construction and Regeneration Act 1996 does not apply, for example on international projects. A dispute board commonly has three members, but may sometimes consist of a single member. Some contracts require a standing dispute board, where the board is appointed at the start of the project and is in place throughout its duration, while others have ad hoc dispute boards which are only appointed as and when disputes arise under
PRECEDENTS
Date of Agreement _____________________________________20[XX] Parties 1 [name of company], a company incorporated in [insert jurisdiction] (registered number [insert co. number]) whose registered office is at [insert address] (Company); and 2 [name of company], a company incorporated in [insert jurisdiction] (registered number [insert co. number]) whose registered office is at [insert address] (Customer). Background (A) The Customer is the owner and operator of the Customer’s Installation. (B) The Company is the owner and operator of the Distribution System. (C) The Customer wishes to export electricity generated by the Customer’s Installation to the Company’s Distribution System. (D) [The Parties wish to enter into a contract on or about the date of this Agreement, under which the electricity generated by the Customer’s Installation shall be supplied to the Company by the Customer (‘Power Supply Agreement’). (E) In consideration of the Parties entering into the Power Supply Agreement, the Company shall allow the electricity generated by the Customer’s Installation to be exported to the Distribution System in accordance with the terms of this Agreement.] It is agreed as follows: 1 Definitions & interpretation 1.1 Except where the context otherwise requires, the following expressions shall have the meaning set out opposite them (and
PRECEDENTS
[Insert in para 6.1 of response form ET3:] 1 It is [accepted OR denied] that the Claimant has been employed by the Respondent as [insert claimed job title, a sales executive] since [insert date]. It is [accepted OR denied OR neither admitted nor denied] that the Claimant is [insert claimed protected characteristic, eg a gay man]. 2 The Respondent denies that it discriminated against and/or harassed the claimant on grounds of sexual orientation, as alleged or at all. [ Jurisdiction ] [Insert details of any jurisdictional defences that the respondent wishes to argue. Sample text is provided at paragraph 3 below.] 3 All of the Claimant’s claims have been presented out of time and the tribunal has no jurisdiction to hear them. It is denied that any or all of the acts amount to a continuing act, or that it would be just and equitable to extend time. [ Policies and training ] [Insert details of any relevant terms of the employment contract, policies or training. Sample text is provided at paragraphs 4 to 5 below.]
PRECEDENTS
This Precedent is a 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. 1 Purpose and scope of the procedure 1.1 Grievances are concerns, problems or complaints that employees raise with their employers. Grievances may relate to, amongst other things, terms and conditions of employment, health and safety, work relations, new working practices, organisational changes, equal opportunities[ and bullying and harassment].[ If the grievance relates to discrimination, bullying, harassment[ or
PRECEDENTS
Strictly private and confidential To: [Insert seller name] [Insert potential seller address] (the Seller) FAO: [insert name of relevant contact at the seller] Date: [insert date] Subject to contract Heads of terms (also known as a letter of intent, offer letter, term sheet or memorandum of understanding) set out, in a short document, a broad outline of the parties' expectations, understanding and agreement of the key terms of the proposed transaction which they have agreed in principle. Where used, heads will be signed at the beginning of the transaction as soon as the parties agree key terms and before the buyer incurs costs in conducting its due diligence and negotiating the transaction documents. While the heads will not compel the parties to conclude the transaction on the stated terms, or even at all, they are intended to establish, in principle, the main commercial terms of a deal. There is no standard format for heads of terms and they can either take the form of a letter (as is common and is provided here) or an agreement. Either party can prepare
PRECEDENTS
Description of proposed outsourcing services [State nature of services you propose to outsource, eg typing of digital dictation] Proposed outsourcing supplier [Identify the proposed outsourcing supplier to which this due diligence record relates] Due diligence team [Identify the individuals within your business who have been involved in the due diligence exercise, eg procurement, head of dept, head of IT, head of HR] Name Role [Insert name] [Insert role] [Insert name] [Insert role] [Insert name] [Insert role] [Insert name] [Insert role] Internal due diligence Consideration Findings or outcome Date signed off How are the services we are proposing to outsource currently supplied? [Insert findings or outcome] [Insert date] What service levels are currently achieved in relation to the existing service provision? [Insert findings or outcome] [Insert date] What service levels are we seeking to achieve by outsourcing? [Insert findings or outcome] [Insert date] From which premises are the services currently provided?  [Insert findings or outcome] [Insert date] Have we identified all equipment and assets currently used to provide the services? [Insert findings or outcome] [Insert date] Do we have any existing outsourcing contracts that may be affected by the proposed outsourcing arrangements?If yes, please identify the parties and describe the main contract terms. [Insert findings or outcome] [Insert date] Have
PRECEDENTS
Dear [insert client's name] Re [describe matter] Thank you for your instructions to attend [insert name of court] as your advocate to represent you at [insert type of hearing] hearing in the case of [insert name of case][ but not] including any adjournment. This engagement letter and the attached Terms of Business explain the basis on which we will be acting for you—together they form the contract between us. Please contact me if you have any difficulty understanding this letter or other information we may provide, eg if you require information to be provided in larger text, another format or a different language. 1 Contact details and supervision The person dealing with your matter is [insert name of person handling matter], who is a [insert status]. Their contact details are: Telephone number Email address Postal address [Insert telephone number] [Insert email address] [Insert postal address] The best way to contact [insert name of handler] is [insert best contact method and times]. If [insert handler] is not available, the following members of staff may be able to deal with any queries you have: [insert names and contact details
PRACTICE NOTES
Update: The Court of Appeal will hear an appeal against the EAT decision in Prähl v Lapinski on 1 or 2 December 2026. This Practice Note considers the provisions of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982), which determine the question of international jurisdiction in relation to employment proceedings instituted on or after 1 January 2021. For a flowchart representing the position in High Court disputes, see: Determining jurisdiction in employment disputes (High Court)—flowchart. A flowchart representing the position in employment tribunal disputes will be available shortly. For guidance on international jurisdiction when the proceedings were instituted on or before 31 December 2020, see Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals pre-1 January 2021 [Archived]. Background If the claim is a common law claim brought in the courts, such as a claim for damages for breach of contract or to enforce post-termination restrictions (restrictive covenants), the rules on jurisdiction in CJJA 1982 and the
PRACTICE NOTES
This Practice Note considers the requirement for a ‘good arguable case’ which must be met to establish that the English courts have jurisdiction to determine a dispute. The test generally arises where a claimant seeks permission to serve out of the jurisdiction and must show that a claim falls within a jurisdictional gateway in CPR PD 6B, para 3.1. It may also be relevant where the claimant has served outside the jurisdiction without the court’s permission and the basis for doing so is then challenged. The position depends on the basis relied on for service. For example in Denning v Arcem Resources Ltd (2026)—the judge applied the good arguable case requirement when deciding whether the claimant had a good arguable case that there was a contract containing an English jurisdiction clause for the purposes of CPR 6.33(2B)(b) and 6.33(2B)(c). For guidance on the general principles applicable to jurisdictional gateways, see Practice Note: Cross-border service—jurisdictional gateways (principles) which also links out to detailed guidance on specific gateways. For information on: • the development of the good arguable
PRACTICE NOTES
This Practice Note answers frequently asked questions about practical aspects of auto-enrolment, including worker assessment, postponement, opt-out and re-enrolment, salary sacrifice, TUPE transfers, scheme certification, provider changes and correcting non-compliance. For general guidance on the auto-enrolment regime, see Practice Note: Auto-enrolment—an introduction. What is the practical difference between an eligible jobholder, a non-eligible jobholder and an entitled worker? The category into which a worker falls determines whether the employer must enrol them automatically, must enrol them if they opt in, or need only arrange access to a pension scheme if they ask to join. Each category requires the individual to be a worker who works or ordinarily works in Great Britain under the worker’s contract. For further information on the meaning of ‘worker’, see Practice Note: Worker status. An eligible jobholder is broadly a worker aged at least 22 but under state pension age whose qualifying earnings exceed the earnings trigger. The employer must automatically enrol an eligible jobholder into an ‘automatic enrolment scheme’ unless an exception applies. For the 2026/27 tax year, the earnings trigger is £10,000 a year and
PRACTICE NOTES
Introduction This Practice Note is a guide to arbitration proceedings administered by the International and Ibero-American Arbitration Center of Madrid (‘CIIAM’ or the ‘Center’) (formerly CIAM-CIAR) under its arbitration rules in force since 1 January 2024 (the Arbitration Rules). The Practice Note addresses procedural management aspects ranging from seat and language to presentation of evidence, interim measures, third-party funding, and multi-party and multi-contract arbitrations. The Madrid Court of Arbitration has adopted the CIIAM Procedural Guide, incorporating it as a non-binding reference guide for arbitration proceedings administered by the court. It provides practical guidance on aspects relating to arbitration proceedings, intended for arbitrators and parties. For further information, see: LNB News 30/07/2026 10. Seat and language of arbitration The Arbitration Rules allow the seat of arbitration to be fixed anywhere and, in the absence of agreement in this regard, the Center shall determine it considering the circumstances of the case and after consulting the parties (Art 23.1). The choice
PRACTICE NOTES
A Material Transfer Agreements (MTA) is a contract used to govern the transfer and permitted use of tangible research materials (such as biological samples, compounds or prototypes) between organisations, typically in academic or early-stage commercial collaborations. It is used where materials, which refers to any tangible research material such as biological samples, reagents, cell lines or plasmids. These materials are shared for evaluation, validation or research purposes prior to, or separate from, any broader collaboration or licence arrangement. The MTA defines the permitted use of the materials, allocates rights in any results or derivatives, and protects the provider’s intellectual property (IP) while managing liability and regulatory risk. In practice, MTAs are a key risk-control mechanism in life sciences transactions, ensuring that the exchange of valuable materials does not inadvertently compromise future commercialisation opportunities or create uncertainty as to ownership of downstream developments. For more information, see Precedent: Material transfer agreement. In a similar manner, a data transfer agreement (DTA) governs the sharing and permitted use of data