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Q&As
The term ‘force majeure’ has no independent meaning at English law. It is a creature of contract and unless the relevant customer contract includes a specific force majeure clause within it, then it will be of no effect. In general terms, a force majeure clause in a contract excuses a party from performance of that contract following: • the occurrence of an event beyond the reasonable control of the party • which has hindered performance or made it impossible Assuming that there is a specific force majeure clause in the relevant customer contract, then whether or not you can be excused from the performance of it will depend upon the particular construction of that clause and the surrounding facts. If the clause makes specific provision for an official
NEWS
Local Government analysis: The Local Government Funding Settlement shows the government is making a major change to how funding is allocated to local authorities. Stuart Hoddinott of the Institute for Government consider the issues.
NEWS
The consultation asks respondents what the percentage replacement rate should be for those earning below the current rate of statutory sick pay and will close at 11:59pm on 4 December 2024. The consultation was promised in the government's 'Next Steps to Make Work Pay' document which was published alongside the Employment Rights Bill.
NEWS
The guide covers (among other things) eligibility criteria, the information the employee must provide, calculating how much neonatal care leave and pay the employee has accrued, when the leave can be taken, fitting it around other types of statutory leave (eg maternity leave) and calculating the relevant week and average earnings.
NEWS
Pensions analysis: This note deals with a consultation exercise launched by the government in relation to proposals for the future of the Local Government Pension Scheme (LGPs). Consultation on government proposals close on 15 January 2025 by which time, the government expects views from stakeholders—particularly administering authorities responsible for the management of the LGPS’s 86 sections in England and Wales.
Q&As
Where a lessee, by a document in the form of a sub-lease, divests themselves of everything that they have got, which will occur if they are transferring to the so-called sub-lessee an estate as great as, or purporting to be greater than their own, they become, in the words of Lord Greene MR in Milmo v Carreras, a ‘stranger to the land’, in the sense that the relationship of landlord and tenant, in respect of tenure, cannot any longer exist between
PRECEDENTS
This Precedent green supplier contact—a standardised contractual pricing model clause aims to assist organisations in incentivising their supply chain to adopt environmental targets that reduce their Scope 3 emissions. It is a climate clause
PRACTICE NOTES
This Practice Note gives an introduction to divorce proceedings that were issued prior to 6 April 2022. It explains the ground for divorce—the irretrievable breakdown of a marriage, and that to prove irretrievable breakdown one or more of the five facts in section 1 of the Matrimonial Causes Act 1973 has to be established to the court's satisfaction. It also explains that a petition for divorce cannot be presented before the expiration of one year from the date of marriage. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010, SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms.
PRACTICE NOTES
This Practice Note sets out the grounds on which a marriage is void. It covers marriages not valid under the Marriage Acts 1949 to 1986, eg the parties are within the prohibited decrees. It covers cases where at the time of the marriage either party was already lawfully married, or it is a polygamous marriage entered into outside England and Wales. On 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 made changes to the law in relation to proceedings for divorce, dissolution and (judicial) separation, it did not make any substantive changes to the law regarding nullity proceedings. The grounds on which a marriage or civil partnership may be void or voidable therefore remain unchanged. There are however some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 that affect applications for nullity and nullity of marriage orders issued on or after 6 April 2022, but proceedings issued by the court on or before
PRACTICE NOTES
This Practice Note sets out the eight grounds on which a marriage is voidable under section 12 of the Matrimonial Causes Act 1973, and considers the relevant case law. It covers incapacity to consummate, wilful refusal to consummate, lack of consent (including forced marriage protection orders), mental disorder, venereal disease, pregnancy, interim gender recognition certificates and cases involving acquired gender. On 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 made changes to the law in relation to proceedings for divorce, dissolution and (judicial) separation, it did not make any substantive changes to the law regarding nullity proceedings. The grounds on which a marriage or civil partnership may be void or voidable therefore remain unchanged. There are however some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 that affect applications for nullity and nullity of marriage orders issued on or after 6 April 2022, but proceedings issued by the court on or before
PRACTICE NOTES
What is guided retirement? The Pension Schemes Act 2026 (PSA 2026), which received Royal Assent on 29 April 2026, contains provisions placing a new guided retirement duty on trustees of defined contribution (DC) occupational pension schemes. These provisions are not yet in force. The detail of the guided retirement duty is to be set out in underlying regulations that are expected to be finalised by 2027—for further information on timing, see Timeline for implementing the duty, below. This duty requires the trustees to offer scheme members ‘default pension benefit solutions’ so as to enable them to receive their pension benefits without having to make decisions about the nature of those benefits. Put differently, the intention behind the guided retirement duty is to require trustees to undertake the complex work involved in designing and managing appropriate default solutions in members’ interests, so that, for most members, the main decisions will be when to access their pension and whether to receive pension payments under the default solution or choose an alternative. The intention is to help secure a more sustainable
NEWS
Corporate Crime analysis: On 5 March 2025 the Sentencing Council published a new version of the guideline on the Imposition of community and custodial sentences (the Guideline) which contained more expansive guidance on the circumstances in which a sentencing court may consider it necessary to obtain a pre-sentence report (PSR). The revised Guideline was due to come into effect on 1 April 2025, however, as a result of a significant backlash by the government, including the introduction of a draft Bill that would legislate against the implementation of the Guideline, the Sentencing Council has postponed its introduction. Tayyiba Bajwa of Doughty Street Chambers explains the new Guideline and provides some background context to the government’s challenge to it.