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GLOSSARY
Entire agreement clauses are usually part of the boilerplate terms in an agreement. Their aim is to prevent the parties from making claims against the other party for representations (and misrepresentations) made before a contract is executed. They can act as an exclusion clause and are also known as whole agreement clauses.
GLOSSARY
On a project where some of the work is sub-contracted, the head or main contractor is the party which enters into a contract with the employer and is ultimately responsible for carrying out the works. The head contractor then sub-contracts some or all of the works to its sub-contractors.
GLOSSARY
The testing of systems prior to handover to the employer to check that everything works correctly, particularly where there are complex mechanical, electrical and/or other technical installations in a project. Checks will also be to ensure that such systems meet any performance specifications in the contract.
GLOSSARY
Construction contracts generally provide for the date for completion to be extended where there is a delay that is not the contractor's fault (so that time does not become 'at large'). This is known as an extension of time or EOT. Usually the contractor will need to comply with a claim process set out in the contract in order to claim the extension.
GLOSSARY
Procedure for the procurement of goods, works or services by public sector, and some utility, bodies. In the restricted procedure, there is a pre-qualification stage, in which all interested parties can express their interest, but only those meeting the contracting authority’s selection criteria will be invited to submit a tender for contract. No negotiation with the tenderers is permitted.
PRACTICE NOTES
A Auditing and Accounting Organisation for Islamic Financial Institutions (AAOIFI) The leading Islamic international autonomous not-for-profit corporate body that prepares accounting, auditing, governance, ethics and Shari’ah standards for Islamic Financial Institutions (IFIs) and the global Islamic finance industry. Established in Bahrain in 1991, it is supported by a number of institutional members from over 45 countries, including central banks and regulatory authorities, financial institutions, accounting and auditing firms, and legal firms. Its standards are currently followed by the leading Islamic financial institutions across the world and have introduced a progressive degree of harmonisation of international Islamic finance practices. It also offers professional qualification programs (notably Certified Islamic Professional Accountant (CIPA), the Certified Shari’ah Adviser and Auditor (CSAA), and the corporate compliance program) in efforts to enhance the industry’s human resources base and governance structures. For more details, see Practice Note: Key participants in the Islamic finance industry—Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI). Acceleration Acceleration refers to the taking of a formal step by the agent on the instructions
NEWS
This week's edition of Property Disputes weekly highlights includes: Court of Appeal decisions on termination of a secure tenancy, release of restrictive covenants, and trusts of land, High Court decisions on injunctions for trespass against persons unknown, a mooring license, variation of an order of sale, proprietary estoppel, and ownership of property acquired during a joint venture, Upper Tribunal (Lands Chamber) decisions on variation of positive covenants and discharge of restrictive covenants, a First-tier Tribunal decision on a remediation order, approval of the 163rd Practice Direction updates, the Building (Registered Building Control Approvers etc) (England) Regulations 2024, the Building Safety Act 2022 (Commencement No 7 and Transitional Provisions) Regulations 2024, and the Local Government Finance Act 1988 (Prescription of Non-Domestic Rating Multipliers) (England) Regulations 2024.
PRACTICE NOTES
ARCHIVED: This archived Practice Note contains key dispute resolution (DR) appeals or key appellate court decisions in the field of general civil litigation in England and Wales from 2023 to date and includes key forthcoming appeal cases (to assist in horizon scanning) alongside reported judgments handed down in the Supreme Court, Court of Appeal, Competition Appeal Tribunal, Judicial Committee of the Privy Council (the Privy Council), Court of Justice of the European Union (Court of Justice) and the European Court of Human Rights (ECtHR). Links are provided to the judgment and any bespoke News Analysis, to assist in understanding the principles considered in the judgments and the impact of the decisions. This Practice Note comprises two elements intended to assist dispute resolution practitioners in keeping up to date with developments in case law that affect their practice area, or which impact civil litigation procedure generally: • selected forthcoming appeals to the Supreme Court are noted below; see Dispute resolution: key appeal cases—2023—Key forthcoming appeals to the Supreme Court—2023 • summaries of the key appeal
GLOSSARY
A non-exclusive licence is a licence which grants the licensee the right to do something and does not preclude other similar licences being granted to other people.
NEWS
This week's edition of Environment weekly highlights includes: news analysis on the Environment Agency (EA) Chief Regulator’s report 2023–24, calling for reforms to the environmental regulatory framework to better protect people and the environment while enabling businesses to grow, written by Paul Collins, of Ashfords LLP. In addition this week, the EA has updated its published list of civil sanctions imposed for environmental offences, covering the period from 1 January 2024 to 31 December 2024, the Department for Energy Security and Net Zero (DESNZ) has launched consultations on proposals to increase minimum energy efficiency standards in the private rented sector and on extending the UK Emissions Trading Scheme (ETS) beyond the end of Phase 1, which concludes on 31 December 2030 and has published the final estimates of the UK’s greenhouse gas emissions from 1990 to 2023. Also, the Department for Environment, Food and Rural Affairs (Defra) has announced a further delay to the implementation of mandatory digital waste tracking system across the UK.
NEWS
This week's edition of Property Disputes weekly highlights includes: the BPF and Law Commission’s comments on the draft Commonhold and Leasehold Reform Bill and RICS’s comments on the valuation implications of the Renters’ Rights Act 2025, High Court decisions regarding proprietary estoppel and unenforceable land contracts, possession proceedings against houseboat occupants, an injunction to prohibit unauthorised encampments and fly-tipping, and decision that a company was liable to pay non-domestic rates despite a Company Voluntary Arrangement. It also includes Upper Tribunal decisions on building safety, and how a microwave alone is insufficient to amount ‘cooking facilities’ for the purposes of determining whether it is a house in multiple occupation, a recent First-tier Tribunal decision granting adverse possession and the Senedd progressing the Building Safety (Wales) Bill to Stage 3 plenary consideration.
NEWS
This week’s edition of Local Government weekly highlights includes: a case analysis of the Supreme Court case of C G Fry & Son Ltd v Secretary of State for Housing, Communities and Local Government, confirming national planning policy cannot override rights granted by outline planning permission and that regulation 63 of the Habitats Regulations applies to later planning stages; Friends of the Lake District v Lake District National Park Authority, affirming a balanced approach to conservation and planning judgment in National Parks; and The Mayor and Burgesses of the London Borough of Wandsworth v Young (by his litigation friend the Official Solicitor), in which the Court of Appeal dismissed an appeal against a possession order, stating that Parliament has laid down specific requirements in section 193 of the Housing Act 1996 regarding cessation of the main housing duty and that section 184 notification requirements did not apply in such cases. News includes: DfE has published updated guidance for local authorities on the children in need census for 2025–2026; publication of the Post-16 Education and Skills White Paper, outlining reforms to address skills gaps; MHCLG guidance on Awaab’s Law for timely social housing repairs; draft regulations to direct data centres into the NSIP regime; and CCS updates on SME support, supplier relationship management and anti-slavery procurement guidance. It also includes further updates on Planning, Social housing, Children’s social care, Education, Public procurement, Governance, Healthcare, Social Care and Environmental law and climate change.