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PRECEDENTS
Key information Information Details Name of firm [Insert details] Name of role holder [Insert name] Reports to [Insert details] Role type [Insert, eg full-time/part-time/contractor][If a contractor role, length of contract] Primary location [Insert the primary location for this role—if there is a requirement for the role holder to regularly spend time in multiple locations, eg in each regional office, it is worth making sure this is made clear] Remote/hybrid/office-based? [Insert type of work model] Date role commenced [Insert date] Length of probation period [Insert details] End of probation review date [Insert date] Role summary The key elements of the marketing/business development manager role are: • Strategic marketing—undertake the relevant analyses, formulate objectives to achieve the business plan and develop strategies and marketing plans. Ensure the marketing infrastructure and resources are managed effectively. Direct the implementation of these plans whether they concern market development, service development or any other promotional, selling and relationship development activities • Communications and lead generation—manage all communication channels, profile raising and lead generation campaigns to ensure the firm is positioned appropriately and the right level of engagement and lead generation is achieved • New business development—manage the sales pipeline from targeting to lead generation
PRECEDENTS
[Insert name and address of client] Private and confidential Dear [Name] Draft settlement agreement I enclose a draft settlement agreement[ for [name of employee]] for your review. You will see that[ I have included a number of options for you to consider and] there are some parts in square brackets. Please contact me when you have had an opportunity to review the draft so that we can finalise it. I set out below the matters you need to consider in relation to the various clauses. 1 The requirements for, and effect of, a settlement agreement A settlement agreement (formerly known as a ‘compromise agreement’) is a legally binding agreement, designed to enable an employer and employee to settle any employment claims which arise under statute (eg a claim for unfair dismissal or unlawful discrimination) or under the contract of employment (eg a claim for notice pay) and it is therefore important that the agreement clearly identifies the legal claims to be settled: you will see that the ‘full and final settlement’ clause entitled ‘Waiver of claims’ (at clause [insert
PRACTICE NOTES
Incorporated v unincorporated charities There are a number of incorporated or unincorporated structures that are adopted by charities. The corporate vehicles which can enjoy charitable status are: • a charitable company (which will invariably be a company limited by guarantee) • a co-operative society or community benefit society (previously known as industrial and provident societies) • charity trustees who are incorporated under Part 12 of the Charities Act 2011 (CA 2011) • a charitable incorporated organisation (ie the limited liability form provided by Part 11 of CA 2011), which only needs to be registered with the Charity Commission • a corporate body incorporated by Act of Parliament or by Royal Charter (eg the Official Custodian for Charities) Unincorporated charities will be either: • a charitable trust, or • a charitable unincorporated association Charitable company A charitable company can execute contracts, deeds and other documents in the same manner as any other company incorporated under any of the Companies Acts. A contract can be made by a charitable company either by: • using its common seal, or
PRECEDENTS
This Precedent is a sample resignation letter for a director resigning from a private company limited by shares, registered in Ireland. The constitution of the relevant company or companies should be checked for any requirements regarding resignation formalities. The Companies Act 2014 (Ireland) does not contain any detailed provisions about how a director may resign. Subject to any specific provisions in the constitution, or the director’s contract of employment, it is usual practice for a director to resign by way of a resignation letter addressed to the company secretary (if there is one) or the other directors of the company. Depending upon the circumstances, the letter of resignation could be extended to cover other matters such as: • confirmation that the resigning director will not hold themselves out as a director of the company, and • confirmation that they have returned to the company all property and documents belonging to it Signature/execution Two alternative options for signature have been provided, one if the director is signing by way of simple signature, and the other if the director is
PRACTICE NOTES
An agreement for lease is an agreement entered into by a property owner or landlord and a tenant, under which the tenant agrees to enter into a lease in respect of the whole or part of a property in the future, following the fulfilment of certain obligations by the landlord as contained in the agreement for lease. From a legal perspective, an agreement for lease is a contract for the sale or disposition of an interest in land and so it will be void unless it complies with Law of Property (Miscellaneous Provisions) Act 1989, s 2 (LP(MP)A 1989). It must: • be in writing • contain or incorporate all of the terms expressly agreed by the parties, and • be signed by or on behalf of the parties An agreement for lease is needed where the landlord and tenant cannot enter immediately into the lease itself, but need to know that the other party is bound to do so on the agreed terms at the relevant point in the future. The form
PRACTICE NOTES
Issues relating to bailment can arise in art contexts. For example, a warehouse or shipping company may owe bailment duties when storing and/or transporting chattels or artworks. Loans and/or the use of artworks as security or collateral may give rise to bailments. Frequently, claims which are rooted in breach of contract and/or negligence will also plead bailment. Further examples are included throughout this Practice Note. Bailment is a complex area. This Practice Note focuses on bailment issues as they relate to art law. For a detailed overview of the law of bailment generally, see Practice Note: Bailment. See also Q&A: How are damages quantified when bailed goods have been negligently lost? For a summary of relevant aspects of art law relevant to Private Client practitioners, see Practice Note: Art law—introduction for Private Client practitioners. What is bailment? In simple terms, a bailment can arise in common law when one party takes temporary possession of a second party’s goods, such as: • a collector, known as the bailor, gives an artwork or chattel to a second party, known as the bailee
PRACTICE NOTES
Arbitration can be conducted under either self-administered ad hoc or institutional procedures and rules. In practice, the use of ad hoc or institutional arbitration varies from industry to industry, and depends on the nature of the dispute in question. This Practice Note considers the differences between institutional and ad hoc arbitration, particularly in the construction industry, and the advantages and disadvantages of each. For further guidance on institutional and ad hoc arbitration more generally, see Practice Note: Comparing institutional and ad hoc arbitration. What is institutional arbitration? Institutional arbitrations are administered by an arbitration institution and are conducted within the framework of the rules and procedures of the specific institution. Generally, the contract between the parties in dispute will contain an arbitration clause which identifies a particular institution as the arbitration administrator. The institutions most commonly used are the: • International Chamber of Commerce (ICC) • London Court of International Arbitration (LCIA) • Dubai International Arbitration Centre (DIAC), which will also administer arbitrations which were previously intended to be administered by the now defunct
PRACTICE NOTES
This Practice Note provides practical guidance when drafting and advising on an invitation to tender in the context of a commercial private procurement transaction. It includes considerations on preparation and planning, confidentiality and intellectual property, approach, alternative techniques, legal status, key issues, drafting considerations, contractual terms and conditions, evaluation criteria, stakeholder management and cross-border issues. Organisations issue an invitation to tender (ITT) (also referred to as a request for proposal (RFP)), when they wish to receive and evaluate a tender (or proposal) from two or more third party suppliers of specific goods or services (or a combination of the same) and, subsequently, to enter into a contract with the supplier who is best able to deliver those goods or services at a competitive price. This Practice Note is aimed at general commercial practitioners advising business customers on the procurement of a broad range of commercial arrangements from third party suppliers such as: • supply of goods • IT services, such as application development and maintenance • outsourcing
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to class actions in Spain published as part of the Lexology Getting the Deal Through series by Law Business Research (Law stated at: 21 July 2023). Authors: Cuatrecasas—Esther De Félix; María Pérez Carrillo ; Adrián Yuste 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? The Spanish court system does not foresee a specific jurisdiction for class actions. These matters are resolved by either first instance civil courts or commercial courts, depending on the nature of the claim. First instance civil courts deal with class actions based on general contract law. They are also competent to deal with 'class actions provided in the legislation on general contracting conditions and the protection of consumers and users' under a very recent amendment to the rules governing jurisdiction distribution between first instance and commercial courts (Organic Law 7/2002 of 27 July, modifying Organic Law 6/1985 of 1 July of the Judicial Power). Commercial courts deal
CHECKLISTS
STOP PRESS: When section 48 of the Border Security, Asylum and Immigration Act 2025, is brought into full force on 1 October 2026, it will insert section 14A into Immigration, Asylum and Nationality Act 2006 (IANA 2006). Section 14A establishes that references to ‘employing another person’ in IANA 2006, ss 15–24 include engagement under a worker’s contract or of individual sub-contractors (where an individual contracts to provide work or services that the engaging person has itself contracted to provide to a third party). Accordingly, the illegal working provisions and the requirement to carry out right to work checks will then extend to cover those who engage workers or a ‘sub-contractor’. In addition, new section 15A extends liability under IANA 2006, s 15 by treating certain persons as employers even if they are not in direct contractual relationships with the individuals actually performing the work. This applies either where a person is contracted to provide work or services and sub-contracts this to another person or where a person employs an individual to provide work or services and the
PRACTICE NOTES
This Practice Note considers the capacity of parties to enter into an arbitration agreement and to participate in arbitration proceedings. It is important to remember that an arbitration clause may survive even if the main agreement in which it is found is invalid—see Practice Notes: Arbitration agreements—the doctrine of separability (England and Wales) and Separability of arbitration agreements in international arbitration. From a capacity perspective, this means that a party may not have capacity to enter into the main agreement but may still retain capacity to enter into an agreement to arbitrate. Consequences of incapacity Both parties entering into an agreement should have a legal capacity to do so, absent which the agreement will be void. An agreement to arbitrate is not in any way different in this respect from any other contract—see Practice Note: Forming enforceable contracts—capacity. Should an arbitral agreement be found void by reason of incapacity of either of the parties, either: • the tribunal will decline jurisdiction to hear the case, if the incapacity was established
PRACTICE NOTES
Introduction To deal with the discharge and release of security, it is necessary to consider: • the conditions to be satisfied before any release is effected, eg the redemption amount to be paid or consents to be obtained • notification to relevant third parties that the release has been effected, eg where a legal assignment by way of security of a contract has been released by re-assignment to the relevant security provider • the nature of the security interest and the appropriate method to release it (see: Choosing the appropriate document to release the security below) • the closing mechanics, particularly if the loan redemption is being funded by an asset sale or a refinancing • the removal of any registration made at the time that the security interest was created (see: Updating the registers following the release of security below), and • the location of the original title documents (the original property title documents and share certificates will need to be returned to the security provider when the lender’s security has been released) Releasing security—the