Unlike a standard residential transaction the auction contract is binding as soon as the price is agreed and the hammer falls. The buyer must pay 10% of the agreed sales price immediately with the balance due on completion. If the property being sold is leasehold, it is usual that completion is

We refer you to the following clauses available through the Encyclopaedia of Forms and Precedents on Lexis®Library, which you may be able to adapt for your purposes: • 70.38 Operative clause for an agreement for sale of a business • 70.39 Operative clause for an agreement

This obligation derives from the SRA COB Rules, r 12.4: ‘where you have given a personal recommendation to the client, you must, in addition to the statement of the demands and needs, provide the client with a personalised explanation of why a particular contract of insurance would best meet the client's demands and needs’. This obligation reflects the underlying Insurance Distribution Directive (IDD), albeit the terminology is slightly different. Information to be provided under the IDD/COB Rules (including the personalised explanation), must be communicated to the client: • on paper, via a durable medium or on a website • in a clear and accurate manner, comprehensible to the customer • in an official language of the Member State in which the insured

[IN THE COUNTY COURT AT [INSERT] OR IN THE HIGH COURT OF JUSTICE] [ [Specify division] ] [ [Specify Specialist court] ] [ [Insert location] ] Claim No: [Insert claim number] Between [Insert name and details of the Claimant]        Claimant and [Insert name and details of the Defendant]        Defendant and [Insert name and details of the Third Party]        Third Party Defendant's Additional Claim against Third Party 1 The Claimant claims damages as per the Particulars of Claim against the Defendant. The Defendant intends to defend the claim as per the Defence. 2 The Third Party is and was at all material times a sub-contractor of the Defendant.

Commercial analysis: Barristers failed in their appeal from a finding that a term in their contract with a direct access client was unfair under the Consumer Rights Act 2015 (CRA 2015). A term providing that the full fee was payable where a hearing was adjourned for any reason, regardless of whether any work had been done or benefit was received by the client, was found to be unfair and unenforceable. Further, no quantum meruit claim (contractual or for unjust enrichment) was made out. As a result, no fee was payable. This case gives guidance as to the evaluative task undertaken by the court in assessing whether a consumer contract term is unfair; and is a salutary warning to legal professionals to ensure that their contract terms are carefully considered so that they do not unfairly balance the risks in favour of the lawyer. Written by Morwenna Macro, barrister at Five Paper.

Local Government analysis: In the myriad of litigation involving the ride-hailing app Uber, what started out as a case about worker status resulted in litigation about the legislative interpretation of licensing Acts in relation to contractual relationships with potential VAT implications for the private hire industry and travelling public alike, triggering a VAT consultation by HMRC. Expressing no view as to whether the Divisional Court was right or wrong in Uber v TFL when it decided the same point in relation to the Private Hire Vehicles (London) Act 1998, the Court of Appeal allowed the appeals by DELTA and Veezu, discharging the declaration made by Mr Justice Foster in the High Court that required operators to contract as principal with passengers for the provision of a booked journey under the provisions of the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976). Written by David Wilson, Licensing Consultant at A2Z Licensing.

Case study On a property purchase (new lease), the contract provides that the buyer shall not sell or let the property (other than on an assured shorthold tenancy (AST) for no longer than a year) for a period of 12 months following completion. In fact, the buyer has transferred the property, for valuable consideration. It would seem that the seller/landlord has suffered no loss, but the restriction was imposed so as to protect the seller/landlord while it was selling other new properties on the estate. In the ordinary course of events, the type of breach of an agreement for a lease one encounters is a refusal of either party to proceed to enter into the lease itself. Assuming the agreement to be by deed or supported by consideration and to comply with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989 (by incorporating all the terms agreed by the parties and being signed by them), the ordinary remedy

This Agreement is made on [insert day and month] 20[insert year] Parties 1 [insert name of seller] [of [insert address] OR trading as [insert trading name] of [insert address] OR a firm whose principal place of business is [insert address of firm] OR [an LLP OR a company] incorporated in [insert place of incorporation, eg England and Wales] with registered number [insert registered number] whose registered office is at [insert address]] (the Seller), and 2 [insert company name], a company incorporated in England and Wales with registered number [insert company number], whose registered office is at [insert address] (the Company). Recitals: (A) The Company has a share capital of [insert amount] divided into [insert number] [insert class] shares of [insert nominal value] each. (B) The Seller is the legal and beneficial owner and sole registered holder of the Sale Shares (as defined below). (C) It is proposed that the Company shall purchase the Sale Shares from the Seller on the terms of this agreement in [three OR insert other number of tranches and make appropriate consequential

This Q&A covers the situation where a contract has been concluded: • between two companies registered in England and Wales both acting in the course of business • which is agreed to be exclusively subject to the jurisdiction of the courts of England and Wales and governed by the laws of that jurisdiction, and • that will not require a filing or other processing of the relevant document at any registry or other body (registries and other bodies may have particular requirements as to form or execution of documents that have to be complied with) Validity of a deed The validity of a document purporting to be a deed will, in part, be dependent upon the normal rules of execution of deeds as applied to the particular document. There are four key requirements for a valid deed. It must be: • in writing • clear from the face of the instrument that

A contract may be formed orally, in writing or a combination of both. The terms that are agreed by the parties will be subject to the usual rules of contract construction and interpretation. See: Formation and interpretation—overview. The remedies for any breach of contract will depend on the terms

Employment analysis: Julian Milford KC successfully defended The Royal Parks Ltd in the Court of Appeal in a case concerning contract worker discrimination in relation to pay. The following analysis written by Julian Milford KC, barrister at 11KBW, considers the judgment.

Construction analysis: The Employer’s power to instruct, under the Joint Contracts Tribunals (JCT) forms of contract, is often taken for granted. However, there may be more to this subject than first appears. In this article, James Ladner, legal director, and Fiona Fingland, associate, at Pinsent Masons, consider the basis for and scope of the Employer’s power to instruct under the JCT Design and Build Contract, the limitations of the power to instruct, and the consequences of the parties’ failures to deal with instructions in accordance with the terms of the contract.