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PRECEDENTS
ARCHIVED: This Precedent has been archived and is not maintained.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
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008//1277 have been revoked and replaced by the Digital Market, Competition and Consumers Act 2024 (DMCCA 2024).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
PRECEDENTS
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.
PRECEDENTS
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
PRACTICE NOTES
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
PRACTICE NOTES
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
CHECKLISTS
This Flowchart sets out the stages of a disciplinary procedure to deal with an issue of employee misconduct, from investigating the allegation(s), to conducting a disciplinary hearing and deciding on appropriate disciplinary action, and managing an appeal process. Click below to view or print the full-size PDF version: Note 1—dealing with an allegation of misconduct When considering whether the issue is one involving potential misconduct, it may be necessary also to review the employee’s contract, the employer’s staff handbook and any other policies or procedures that may be relevant in addition to the disciplinary/dismissal procedure, eg equality/equal opportunities policy or expenses policy. It is also worth remembering that a situation that might, at first glance, appear to be a case of misconduct, could turn out to be a performance or capability problem. See Practice Note: Managing conduct—Dealing with conduct issues. Where a conduct issue arises, the first stage in managing that issue is to investigate the problem, promptly and without unreasonable delay, to establish the facts of the case. Note 2—using mediation In suitable
PRACTICE NOTES
THIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL AND PERSONAL PENSION SCHEMES Disputes in relation to a pension schemes can take various forms. Depending on the type of scheme in question and the relevant facts, they can be potentially pursued through a number of different avenues. This Practice Note focuses on disputes that may be brought by aggrieved members in respect of pension rights under occupational or personal pension schemes. Disputes relating to occupational pension schemes An employee (or former employee) with a complaint relating to their pension rights under a trust-based occupational pension scheme acquired during the course of employment may (depending on the particular facts of their claim) have two principal avenues through which they can pursue their claim: • make a written complaint against their employer—this is possible if the pension claim in question can be shown to relate to contractual rights under their contract of employment • make a written complaint against the scheme trustees (and potentially again, the employer) insofar as the claim can be shown to arise
PRACTICE NOTES
This Practice Note considers the validity of arbitration agreements with a particular focus on the law of England and Wales (English and England are used as shorthand throughout), although some comparative examples from other jurisdictions are included. The Practice Note should be read in conjunction with Practice Notes: Arbitration agreements—definition, purpose and interpretation, Arbitration agreements—the in writing requirement and Arbitration agreements—content. Requirements of an arbitration agreement Under English law, an arbitration agreement must (among other requirements) be in writing and sufficiently certain so as to be enforceable—see the Practice Notes above. The Arbitration Act 2025 inserts AA 1996, s 6A (law applicable to the arbitration agreement). If the parties want the arbitration agreement to be governed by a law other than the law of the seat, they must make an express choice; a governing law clause for the main contract does not, by itself, amount to an express choice of law for the arbitration agreement. However, it is very easy for a seemingly simple clause to miss important details or a complex clause to become inconsistent
PRECEDENTS
1 Introduction 1.1 This maternity policy sets out the rights and responsibilities of employees who are pregnant or have recently given birth. 1.2 This policy [has been agreed in consultation with [the trade union OR staff association OR employees] and] applies to all employees. [The health and safety aspects of this policy also apply to certain qualifying agency workers, as set out in paragraph 4. No other aspects of this policy apply to agency workers. Such workers may, however, have a right to maternity leave and pay etc from their agency and should contact them for further information.] This policy does not apply to consultants or self-employed contractors. 1.3 This policy is for guidance only and does not form part of your contract of employment. The Company may alter the terms of this policy from time to time and details of any alterations or additions will be notified to you. [This policy covers 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
PRECEDENTS
This Precedent sets out precedent execution clauses for the types of entities most commonly encountered in property transactions. It includes provisions for both contracts and deeds. Most entities will have a choice of methods of execution. Consequently, it is important to check with your client as to their preferred/required method. Where appropriate, the example execution clauses specified are those prescribed by the Land Registration Rules 2003, SI 2003/1417, or recommended by HM Land Registry (HMLR) in the relevant HMLR Practice Guide. For deeds which are to be submitted to HMLR, the form of execution should always be checked against current HMLR requirements. For further guidance, see Practice Note: Property deeds—use and execution of deeds in property transactions—HM Land Registry requirements. Note that a contract for the sale, or other disposition, of an interest in land is void unless it complies with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). This means that it must: • be in writing; • contain or incorporate all of the terms expressly agreed by the parties; and
PRACTICE NOTES
This case tracker displays the current status of, and most recent developments in, key cases relevant to corporate practitioners where the judgment was handed down, or is expected to be handed down, in 2019. It covers key cases before the High Court, Court of Appeal, the Supreme Court and the Court of Justice of the European Union. It is not intended to be an exhaustive list of cases heard in 2019. This case tracker is split into two parts: • ongoing cases, ie those that are subject to appeal, and • recent cases, ordered with the most recent first Ongoing cases Case Citation Next court Subject Status and background Further information United Company Rusal plc (a company incorporated in Jersey) v Crispian Investment Ltd (a company incorporated in Cyprus) and another [2018] EWHC 2415 (Comm) Court of Appeal Contract—shareholder’s agreement Permission to appeal to the Court of Appeal granted on 20 February 2019. Hearing expected by 18 November 2019.The first defendant shareholder gave notice to two other shareholders in a company (those shareholders being the