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PRECEDENTS
[insert address of recipient]  Date: [insert date]  Dear [insert name of prospective/proposed contractor], [insert project name]  1 We refer to our Invitation to Tender dated [insert date] [and your selection as preferred bidder] in relation to [insert description of the project] (the Project). In consideration of us disclosing Confidential Information to you and your representatives [and the payment to us of the sum of £1, receipt of which is acknowledged] in relation to the Project you (on your and on behalf of your representatives) agree to the terms set out in this letter. 2 For the purposes of this letter Confidential Information means any and all information in whatever form (whether in writing, electronic or digital form, verbally or by inspection of documents, computer systems or sites or pursuant to discussions or by any other means or other forms and whether directly or indirectly) and of whatever nature which is confidential in nature or may reasonably be considered to be commercially sensitive and which relates to the Project or otherwise to our business and affairs [and that of our group of companies] disclosed
PRACTICE NOTES
This Practice Note considers statements (whether oral or written) made by one party to another prior to entering into a formal contract and gives an overview of the circumstances in which that statement could be said to form part of the contract or give rise to other remedies. For further information, see Practice Note: Contract interpretation—admissibility of pre-contractual negotiations and statements. For more information on pre-contractual and contractual representations and their distinction from warranties in a commercial context, see Practice Note: Representations and warranties in commercial contracts. Potential rights and remedies arising from pre-contractual statements made before a contract is signed Statements are often made by one party to another as part of the pre-contract negotiations (for example as part of a sales process). Disputes can arise around whether, or which, statements are intended to form part of the contract or potentially give rise to other remedies. Depending on the facts, a pre-contractual statement might take legal effect (and give rise to remedies) as follows: • Contractual terms: In certain circumstances the statement may: ◦ be
PRACTICE NOTES
This Practice Note explains some of the tax traps and opportunities for people leaving the UK. It is an outline, and specific advice may need to be taken for individual clients, especially those with complicated affairs. Pre-departure planning—key points to consider A tax-efficient departure from the UK requires careful planning. Matters to consider include: • the statutory residence test (SRT) • temporary non-residence • disposal of UK residential property • domicile status • double taxation • compliance obligations • UK pensions and investments • residence of trusts and companies where taxpayer is a trustee/director/officer • continuing tax obligations post-departure These issues can be illustrated in the form of the following diagram: Statutory residence test If an individual wishes to become non-UK resident after 5 April 2013, the statutory residence test (SRT) applies to determine how many days the individual can spend in the UK without being considered UK-resident. For information on the SRT, see the following Practice Notes: • Residence after 5 April 2013 • The statutory residence test—key concepts and definitions • The structure of the statutory residence test • Statutory
NEWS
Local Government analysis: The National Association of Head teachers (NAHT) issued a judicial review challenge to the legality of the 2025 Ofsted inspection framework, due to come into force in November 2025. The basis of the challenge was an alleged failure by Ofsted to conduct a legally sufficient consultation or to give adequate consideration to the impact of the new framework on the mental health and wellbeing of school leaders. The claimants sought an interim injunction preventing Ofsted from implementing the new framework, until the judicial review claim had been substantively determined. Written by Hannah Lynch, barrister at Parklane Plowden Chambers.
PRACTICE NOTES
This Practice Note summarises the pre-employment checks that a prospective employer should consider, and the main issues relating to them in respect of applicants for employment. While the application form and interview process will give a prospective employer some assurances as to a candidate's suitability for a vacant position, some additional verification or vetting of the candidate will be necessary. The prospective employer will need to establish that the candidate has the right to work in the UK (see: Establishing the right to work in the UK below). In addition, the employer may need to: • obtain references from the candidate's current and previous employers (see: References below) • where appropriate, apply to the Disclosure and Barring Service (DBS) for a Criminal Record Certificate or Enhanced Criminal Record Certificate (see Criminal records—asking questions and DBS checks below) • seek a pre-employment medical report on the candidate (see: Health questions below) • carry out pre-employment due diligence or screening for ‘high risk’ posts, in relation to matters such as money laundering, financial sanctions, bribery and tax evasion facilitation (see: Staff
PRECEDENTS
[insert date] [insert name and address of doctor] Private and confidential Dear [insert doctor’s name] Request for pre-employment medical report on [insert prospective employee’s name and date of birth] We have offered the above-named individual employment as [insert job title], conditional on their being fit to carry out the duties required for this role. This letter confirms our request for you to prepare a report on this individual’s fitness to carry out the duties required for the position of [insert job title][, as set out in the enclosed job description.]. We also confirm our arrangement for you to examine the individual at [insert
PRECEDENTS
Date: [insert date] Individual’s name: [insert name] Individual’s date of birth: [insert date of birth] Individual’s address: [insert address] Employer name: [insert name] Private and confidential To: [insert name of occupational health specialist or doctor] I confirm as follows: • I am not, and never have been, a patient of yours, or under your clinical care;
PRECEDENTS
[Insert date] [Insert employee’s name and address] Private and confidential Dear [insert name] Consent for pre-employment medical report As set out in our offer of employment dated [insert date], we would like to obtain a medical report from [the Company’s occupational health service] on your state of health in order to assess whether you are fit to carry out the duties required for the role you have been offered[, as set out in the job description]. In order to prepare the medical report, [the Company’s occupational health service] will need [to carry out a medical examination of you AND/OR access to your medical records, held by your GP or consultant]. It is the Company’s policy to make all offers of employment in this type of role conditional on our receiving a satisfactory medical report
GLOSSARY
Pre-emption is a legal doctrine according to which the exercise of EU competences precludes corresponding Member State competences in case of a conflict.
GLOSSARY
Voluntary guidelines that aim to set out the extent by which pre-emption rights may be disapplied or excluded by listed companies seeking to allot equity securities for cash. The members of the Group represent listed companies, investors and intermediaries.
CHECKLISTS
Form of agreement There is doubt whether a right of pre-emption is a 'contract for the sale or other disposition of an interest in land' for the purposes of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). In Pritchard v Briggs, the Court of Appeal held that a right of pre-emption itself does not create an interest in land because it gives no immediate right to call for a conveyance. However, the majority of the court suggested (obiter) that the right 'matures' into a proprietary interest when the obligation to make the offer arises. Despite continuing doubts and criticism of that ruling, best practice is to ensure that the contract creating the right of pre-emption (and any sale contract resulting from it): • complies with LP(MP)A 1989, s 2, and • is supported by consideration See also Registration below. Pre-emption period Ensure that the agreement sets out a fixed period within which the buyer has the benefit of the right of pre-emption. Trigger event Ensure that the trigger
CHECKLISTS
Form of agreement There is doubt whether a right of pre-emption is a 'contract for the sale or other disposition of an interest in land' for the purposes of LP(MP)A 1989, s 2. In Pritchard v Briggs, the Court of Appeal held that a right of pre-emption itself does not create an interest in land because it gives no immediate right to call for a conveyance. However, the majority of the court suggested (obiter) that the right 'matures' into a proprietary interest when the obligation to make the offer arises. Despite continuing doubts and criticism of that ruling, best practice is to ensure that the contract creating the right of pre-emption (and any sale contract resulting from it): • complies with LP(MP)A 1989, s 2, and • is supported by consideration See also Registration below. Pre-emption period Ensure that the agreement sets out a fixed period within which the buyer has the benefit of the right of pre-emption. Trigger event Consider whether the trigger for the seller to offer to sell the property