This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also considers the application of the principle to notification provisions and to concurrent delay. The meaning and nature of the prevention principle At its simplest, the meaning of the prevention principle in English law is that a party to a contract will not prevent the fulfilment of a condition, or the occurrence of some other contingency. It is closely connected with the proposition that a party cannot benefit from its own wrong—ie a party cannot rely upon its own breach or act of prevention, to take advantage of a contractual right. In a construction context, the words of Jackson J (as he then was) in Multiplex v Honeywell are a helpful starting point on the meaning of the principle: '….the essence of the prevention principle is that the promisee cannot insist upon the performance of an obligation which he has prevented the promisor from performing' Some guidance as to the nature of the prevention

This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating damages (previously known as ‘Wrotham Park damages’). For guidance on contractual damages generally, see Practice Note: Contractual damages—general principles. For guidance on claiming damages for financial (pecuniary) loss for breach of contract, see Practice Note: Contractual damages—pecuniary losses. Contractual damages—categories of non-pecuniary loss Damages for non-pecuniary loss are awarded only in exceptional cases. This is because their award is contrary to the general rule that damages are strictly compensatory in nature. They fall into the following categories: • punitive damages • damages for loss of enjoyment and loss of amenity • restitutionary damages • negotiating damages Non-pecuniary loss—punitive damages Punitive damages are awarded to an innocent party in circumstances where the defaulting party has conducted itself in such a way that the court considers that party should be punished. Such damages are rare in tort cases and almost certainly irrecoverable

Scope of this Practice Note This Practice Note focuses on the approach of EU authorities and regulators (ie, the European Banking Authority (EBA) and the European Securities and Markets Act (ESMA)). It also provides some background to the meaning of cryptoassets and the unique challenges that cryptoassets pose to regulators. For information about the approach taken by UK authorities and regulators, see Practice Note: UK regulation of cryptoassets. For more information about the approach taken by supranational bodies, see Practice Note: Supranational approach to the regulation of cryptoassets. This Practice Note should also be read in conjunction with Practice Note: Web 3.0, digital assets and cryptoassets—essentials which discusses: • What are cryptoassets? • Common terms associated with cryptoassets • Development of cryptoassets • Characteristics of cryptoassets • Considerations for businesses looking at cryptoasset technology • Cryptoassets, the smart contract and ICOs • Disputes involving cryptoassets • Regulation of cryptoassets • Cryptoassets as regulated investments What are cryptoassets? One of the hurdles in relation to understanding non-traditional currencies and assets lies in the inconsistent use of

This is a glossary of common words and expressions used in Scottish Private Client law with the nearest England and Wales equivalent (where relevant) and links to useful websites. Ab intestato Meaning Nearest English equivalent From a person dying intestate; description of property acquired according to the rules of intestate succession. None Action of specific implement Meaning Nearest English equivalent An action which requires the court to grant an order requiring a party to perform a specific act. In Scotland, there is no distinction between equitable and legal remedies as there is in England and Wales. Specific performance (an equitable remedy available for breach of contract that may be granted in addition to or instead of damages) Advance notice Meaning Nearest English equivalent A notice (registered in the relevant property register) to protect the grantee of a deed intended to be registered in the Land Register of Scotland. The 35-day protected period starts on the day after the advance notice is registered. The grantee is protected

This Practice Note looks at facilities management (FM) contracting, including what it is and its advantages and disadvantages. A strategic approach to service provision FM contracting is essentially a commercial services contract arrangement, whether that be for: • 'Hard FM' which relates to the maintenance and fabric of a building such as mechanical and electrical services • 'Soft FM' which relates to support services within a building such as cleaning, security and helpdesking • 'Total FM' packages which may combine a number of hard and soft FM services The value of FM contracting as a contractual vehicle is shown to be both economic and operational as it enables businesses to use FM contracting in a strategic and tactical manner to redefine its own business activities. What makes FM different? What sets FM apart as an industry of service providers is the fact that the FM contractor and the client are entering into a binding contractual arrangement under which the FM contractor will undertake to carry out services which were traditionally carried

This Checklist sets out the main issues for a manufacturer or wholesaler to consider when appointing a distributor. This Checklist considers preliminary and legal issues to be considered before appointing a distributor and commercial terms that manufacturers or wholesalers may wish to address when drafting and negotiating a distribution agreement. For further guidance, see also Practice Note: How to appoint a distributor. Preliminary Issue Consideration Is distribution the right channel to market?Consider the options: • agent • joint venture • direct sales • distributor Agency:• principal has contractual relationship, and closer business contact, with customer • principal can take advantage of the agent's expertise and contacts in the territory • may give rise to a taxable presence for the principal in the territory • if a commercial agent under the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, then the agent will have special rights (particularly with reference to notice of termination and payment on termination) that under UK law cannot be excluded by contract Joint venture:• manufacturer has contractual relationship,

ARCHIVED: This Precedent has been archived and is not maintained. To: The [directors OR partnership] [Insert the Tenant’s name, address and (if applicable) company registration number] Dear [insert organisation name] [Insert the name and address of the Property] (the Property) 1 Scope of this report and reliance This report has been prepared for your sole benefit in connection with your proposal to enter into a lease of the Property with [insert name and address of Landlord] (the Landlord) with an initial rent of £[insert rent] [plus VAT] per annum. This report is based on the assumption that you will use the Property as a [insert current use] and you do not intend to redevelop [or carry out any alterations to] the Property. This report is based on our review of the Landlord’s [and Head Landlord’s] title, the replies to pre-contract enquiries given by the Landlord and search results. The results of our investigation are set out in this report, comprising this letter and the attached appendix. This report may not be disclosed to or relied upon

ARCHIVED: This Practice Note has been archived and is not maintained. From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008//1277 have been revoked and replaced by the Digital Market, Competition and Consumers Act 2024 (DMCCA 2024). However, CPUTR 2008, SI 2008/1277 will still apply to any conduct occurring prior to 6 April 2025. For information on unfair commercial practices under DMCCA 2024, see Practice Note: Unfair commercial practices offences under DMCCA 2024. The regulatory regime under the Consumer Protection from Unfair Trading Regulations 2008 The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 came into force on 26 May 2008. They ban traders in all sectors from using unfair commercial practices towards consumers that prevent them from making free and properly informed buying decisions. They apply to business-to-consumer transactions and apply to conduct before, during and after the contract is made. They also affect business-to-business practices closely connected to consumers. For example, a trader supplying food products to a supermarket

1 Introduction 1.1 This policy sets out the rights and responsibilities of employees who wish to take bereaved partner’s paternity leave (BPPL). BPPL allows some fathers and partners time off work if the primary carer of a child dies on or after 6 April 2026. 1.2 This policy applies to all employees. It does not apply to agency workers, consultants or self-employed contractors. 1.3 This policy is for guidance only and does not form part of your contract of employment and we may amend it at any time. It outlines the rights employees are given by law but is intended to be a summary only and not a complete statement of your rights. Please contact [the HR department] if you have any queries about your entitlement. 2 Entitlement to bereaved partner’s paternity leave 2.1 Your right to BPPL depends (among other things) upon your relationship to the child or the primary carer, ie the child’s mother (in the case of birth), the child’s adopter (in the case of adoption) or the primary parental order parent (in the case of surrogacy). More information is provided below.

1 Introduction 1.1 This policy sets out the Company’s homeworking arrangements that may be implemented from time to time on a temporary basis in response to government recommendations and requirements in relation to the coronavirus (COVID-19) pandemic. 1.2 These homeworking arrangements are exceptional and their implementation does not guarantee any right to work from home indefinitely. 1.3 [ [For details of our policy in relation to homeworking on a regular full-time or part-time basis, see our [Homeworking policy].] [For details of our policy on hybrid working, where staff attend the workplace for part of their working time and work from home or another suitable remote location for part of their working time, see our [Hybrid working policy]. ] [Where an employee is making a request for home or hybrid working that constitutes a statutory flexible working request, it will be dealt with under our [Flexible working policy].] ] 1.4 This policy applies to all employees, workers and contractors. 1.5 This policy does not form part of any contract of employment and the Company may amend it at any time. 2 Homeworking 2.1 ‘Homeworking’ for these purposes means working from your home, or another suitable

This Practice Note explains the basis on which profits and losses are recognised for corporation tax purposes where a derivative contract is used as a hedge. As with many things derivatives-related, it is difficult to understand the tax rules concerning derivatives involved in hedging without having at least a basic understanding of relevant accounting rules and principles. For that reason, this Practice Note deals with how hedging arrangements are accounted for before looking at the relevant tax rules. For much more general background on the accounting framework and key accounting principles relevant to the taxation of financial instruments, see Practice Note: Loan relationships—accounting framework and principles. A full and complete description of relevant accounting concepts and principles is beyond the scope of this Practice Note. Any explanations of accounting rules are not intended to be exhaustive and do not constitute accounting advice. Their purpose is solely to assist an understanding of the derivative contracts taxing regime and to enable further investigation where necessary. Nothing in this Practice Note should be used as a substitute for obtaining accounting

This Practice Note forms part of the Data Protection Negotiation Guide (the Guide). This part of the Guide addresses the negotiation of provisions relating to: • the requirement under Article 28(3)(a) of the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) that the processing contract must require that the processor processes personal data only on documented instructions from the controller, and • an additional related requirement in Article 28(3) of the UK GDPR, second paragraph, for a processor to immediately inform the controller if, in the processor’s opinion, an instruction infringes certain data protection laws For an introduction to the Guide and related content, see Practice Note: Data protection negotiation guide—controller: processor—introduction. This Practice Note utilises a number of common abbreviations. They are separately defined within the above introduction. As explained in Practice Note: Data protection negotiation guide—controller: processor—introduction: • the parties have commercial flexibility to allocate the costs and expenses of performing these obligations between