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PRECEDENTS
Authorisations Description of condition precedent (including paragraph number in Schedule [insert corresponding reference, eg 1] of the Facility Agreement) Responsibility Status Satisfied? A copy of the constitutional documents of the Borrower (para 1) [insert name of Borrower] [insert status] ☐ Yes☐ No [A copy of the constitutional documents of the Parent (para 1)] [insert name of Borrower] [insert status] ☐ Yes☐ No A copy of the resolutions passed by the Borrower’s board of directors:—approving the terms of and the transactions under [the Facility Agreement OR the Finance Documents to which it is a party] and resolving that it execute[, deliver] and perform [the Facility Agreement OR the Finance Documents to which it is a party]; and—authorising specified persons to execute [the Facility Agreement OR the Finance Documents to which it is a party] together with all documents and notices required to be signed or in connection with [it OR them] (para 2) [insert name of Borrower] [insert status] ☐ Yes☐ No [A copy of the resolutions passed by the Parent’s board of directors:—approving the terms of and the transactions under [the Facility Agreement OR the Finance Documents to which it is a party] and resolving
GLOSSARY
The programme, usually presented as a timeline/chart, is the document recording the contractor’s sequencing and timing for carrying out the works. It is usually prepared by the contractor at the start of the works, presenting the timeline that the contractor proposes to build to, showing activities occurring between particular dates.
PRACTICE NOTES
Programmes and projects are at the core of business operations, they are very similar, and closely related, but there are a number of key differences that need to be understood by in-house lawyers. In this Practice Note we will cover the: • differences between programme and project management • purpose of programme and project management • definition of a project and a programme, and • how project managers can work productively with programme managers For further reading on the subject of project management, see subtopic: Project management, in particular Practice Notes: A guide to project management—An introduction to project management, the key parameters and the key players in projects, Project management: Project lifecycle and set-up, and Tips for in-house lawyers participating in or leading projects. The differences between programme and project management Programmes and projects are much like an orchestra performing a symphony. Projects are the individual groups of musicians—strings, percussion, wind etc. Each of these areas can be viewed as a ‘project’—part of the overall
NEWS
The Belgian Presidency of the Council of the EU has announced via social media platform X that the adoption of the latest compromise text on the Platform Work Directive has been rejected. In December 2023, the preparatory bodies of the European Parliament and Council reached a provisional agreement on the Platform Work Directive. Provisional agreements must be formally adopted by the Parliament and Council (ie Member States). However, Member States rejected that provisional agreement, particularly in relation to the Directive’s intention of introducing a rebuttable presumption of employment status for platform workers, as opposed to a status of self-employment.
FLOWCHARTS
The flowchart below outlines the progress of a Bill from consultation to Royal Assent. Some points to note: • Bills usually commence in the House of Commons but can start in either House • Pre-legislative scrutiny—draft Bills may be consulted on or considered by a committee
GLOSSARY
The series of title deeds, normally extending over at least ten years which prior to registration in the Land Register of Scotland, constitute a person's title to a land
NEWS
The T+1 Accelerated Settlement Taskforce has published its quarterly progress review for Q4 2025 which updates on the progress made towards the move to a trade-date-plus-one (T+1) settlement cycle, currently targeted for 11 October 2027. In parallel, the Investment Association (IA) has published T+1 Settlement: Navigating the UK, EU and Swiss Transition, setting out a proposed roadmap for the transition of the UK and EU securities markets from a trade-date-plus-two (T+2) to T+1 settlement cycle.
PRACTICE NOTES
Civil justice reform: see our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts in relation to virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note discusses the steps to be taken in progressing a civil claim in Scotland after the lodging of defences to the fixing of a substantive hearing (be that a legal debate or a proof/proof before answer/jury trial). Scottish civil procedure provides for a number of distinct procedural rules depending on the nature of the claim and the court in which the case is heard. Many of these distinct rules are concerned with case management procedure. This Practice Note will consider the specific procedural rules in the following common procedures in both the Court of Session and sheriff court: • ordinary actions • personal injury actions • commercial actions The sheriff
PRACTICE NOTES
This Practice Note examines the assessment of damages in a prohibited conduct claim (eg discrimination claim) under the Equality Act 2010 (EqA 2010). It covers the possible types of compensation, the apportionment of compensation between wrongdoers (joint and several awards and split awards), discounting compensation to reflect responsibility for loss, the adjustment of awards for failure to comply with the Acas Code of Practice, indirect discrimination compensation, compensation for discriminatory and unfair dismissals, interest, aggravated damages, exemplary damages and the impact of taxation. Possible types of compensation An award of compensation may include various different elements, namely: • general financial loss (eg loss of earnings, benefits etc) • injury to feelings • damages for personal injury (where some form of injury arises which is caused by the discrimination) • pension loss • interest • aggravated damages • exemplary damages General financial loss is considered in Practice Note: Prohibited conduct claims: general financial loss. Injury to feelings and damages for personal injury are considered in Practice Note: Prohibited conduct claims: injury to feelings and personal injury.
PRACTICE NOTES
This Practice Note examines the use of declarations and recommendations by an employment tribunal as remedies in a prohibited conduct (eg discrimination) claim. Declaration of rights An employment tribunal may make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate, if it finds that there has been a contravention of: • Part 5 (work) (see Practice Note: Employment events which give rise to discrimination, harassment and victimisation claims) • section 108 (prohibited conduct concerning relationships that have ended—see Practice Note: Employment events which give rise to discrimination, harassment and victimisation claims—After employment) • section 111 (instructing, causing or inducing contraventions—see Practice Note: Liability of employers and employees under the Equality Act 2010—Instructing, causing or inducing contraventions) • section 112 (aiding contraventions—see Practice Note: Liability of employers and employees under the Equality Act 2010—Aiding contraventions) This remedy is rarely used. It may be useful in cases where compensation is inappropriate because, for instance, the claimant has not yet suffered any financial loss,
PRACTICE NOTES
This Practice Note looks at how compensation for financial loss is calculated in prohibited conduct claims under the Equality Act 2010 (EqA 2010). All references in it to ‘prohibited conduct claims’ encompasses claims for discrimination and/or victimisation and/or harassment. For an overview of the remedies available in prohibited conduct claims, see Practice Note: Prohibited conduct claims: remedies overview. For information on assessing compensation generally in prohibited conduct claims, see Practice Note: Prohibited conduct claims: assessing compensation. Tortious measure of loss The proper measure of an award for financial loss in a prohibited conduct claim under EqA 2010 is the same sum which would be awarded if the victim were making a common law claim in tort, ie to put them back into the financial position they would have been in if the contravention of the EqA 2010 had not happened. If the dismissal of an employee is prohibited conduct under EqA 2010 and there is a question whether they would have been dismissed anyway even if no prohibited conduct were involved, the tribunal will have
PRACTICE NOTES
This Practice Note examines awards of compensation or damages for injury to feelings and psychiatric personal injury in discrimination and other prohibited conduct claims under the Equality Act 2010 (EqA 2010). It explains that injury to feelings awards are compensatory not punitive in nature and sets out the Vento bands (or Vento guidelines) (as up-rated by case law and Presidential Guidance) within which the amount ordered should normally fall. Injury to feelings Damages for injury to feelings are expressly allowed by EqA 2010. Some award for injury to feelings will almost always be made in successful claims. However, there is no obligation to make an award, and it is perfectly appropriate for a tribunal to decide not to make an award under this head where only a matter of principle is involved, or where there is a 'technical' prohibited conduct but the 'victim' did not in fact suffer any injury to their feelings. Injury to feelings—general principles Once a decision is made to award compensation for injury to feelings, the general