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PRECEDENTS
To (the landlord) Take notice that AB, the nominated person, having received a copy of the contract for sale of [premises]
Q&As
For general information on holiday and holiday pay, see Practice Notes: • Holiday • Holiday pay As 'workers' under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, zero hours employees and workers have the right to 5.6 weeks' paid statutory holiday per leave year (WTR 1998, SI 1998/1833, regs 13, 13A and 16. There are no special provisions dealing with the statutory holiday entitlement of a worker with a casual work or zero hours contract, ie a contract where the employer is not obliged to provide the individual with any work. Zero hours employees and workers are treated as part-time workers, and so will usually be entitled to a pro-rated amount of holiday. However, because zero hours workers work irregular hours, and the legislation deals with entitlement in terms of weeks, it can be difficult to calculate their holiday entitlement and to calculate
Q&As
What does the SRA say? The first question to consider whether solicitors or law firms are under any obligation is to ensure clients have freedom of choice. The Solicitors Practice Rules 1990 (r1) required that: a solicitor shall not do anything in the course of practising as a solicitor, or permit another person to do anything on his or her behalf, which compromises or impairs or is likely to compromise or impair… a person's freedom to instruct a solicitor of his or her choice The
Q&As
We have assumed that: • the context for the question is a review of the terms of business of a landscape gardening company • you are referring to a business-to-business (B2B) transaction We do not have a Practice Note which discusses this particular question, however, the following may be of assistance: Nature of the contract—business or consumer? The extent to which liability can be excluded or limited is heavily dependent on whether the contract is a B2B contract or a business-to-consumer (B2C) contract. It is generally more difficult for businesses to exclude or limit their liability in relation to B2C contracts, which are subject to the Consumer Rights Act 2015. Establish at the outset whether the contract is caught by consumer legislation and ensure that any exemptions are drafted accordingly. If it is likely that the same form of contract may be used by both businesses
PRECEDENTS
[ 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 Third Party’s Defence
Q&As
For a standard business-to-business contract that is not regulated in an industry specific way, there is no legislative or case law obligation for one party to provide another with a copy of
Q&As
In the case of Valilas v Januzaj the Court of Appeal addressed (in a non-shipping context) the issue of what amounts to a repudiatory breach in the context of an innominate term to make regular payments. It
Q&As
Items in a property Whether items left in a property form part of the land (and therefore formed part of the sale of the land) will depend on all the circumstances of the case. In Elitestone Ltd v Morris, the House of Lords considered the question of when an object on a piece of land will form a part of that land and will therefore pass with any disposal of the land. The House of Lords held that objects on a piece of land should be divided into one of three categories. They will be: • a chattel • a fixture • part and parcel of the land The House of Lords held that any object falling with the second or third categories (a fixture or part and parcel
Q&As
Your client is on the board of directors of company A, which has been working for the last six months to secure a lucrative distribution agreement with company C. All seemed to be going well in the tender process but, ultimately, the contract was awarded to another entity, company B. A year later, your client discovers that one of your co-directors (Mr X) on the board of company A is a majority shareholder in company B. Your client suspects that Mr X used information he had gleaned as a director of company A to enable company B to secure the contract. What can your client do? Directors' duties The starting point is to consider whether Mr X's actions may constitute a breach of the duties he owes to company A as one of its directors. All directors owe duties to the company(ies) of which they are a director. The extent of their general duties has been codified in the Companies Act 2006. See Practice Note: Directors' duties—scope, nature, interpretation
Q&As
This response considers: • whether termination of a fixed-term (or limited-term) contract amounts to a dismissal • the effect of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 on the contract of employment • whether remedies can include reinstatement or re-engagement Is termination of a fixed- or limited-term contract a ‘dismissal’? An employee is dismissed for the purposes of Part X of the Employment Rights Act 1996 (ERA 1996) if they are employed under a limited-term contract, and that contract terminates by virtue of the limiting event (ie, in the case of a fixed-term contract,
PRECEDENTS
date [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Seller) 2 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Buyer) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed; [Arrears • the amounts (including VAT for which the Seller must account to HMRC) due to the Seller from the Tenant[s] up to and including the Actual Completion Date, but which have not been received by the Seller or its agents in cleared funds before that date;] Buyer's Solicitors • [name] of [address] (reference: [details]); [Charge[s] • the charge[s] appearing at entry [number] [and [number]] on the charges register of [the Property OR title number [number]]
Q&As
Under section 693 of the Companies Act 2006 (CA 2006), a limited company may only carry out an off-market share buyback (that is not for the purposes of, or pursuant to, an employees' share scheme) pursuant to a contract that is approved in accordance with CA 2006, s 694, before the share buyback takes place. An ordinary resolution of a company’s shareholders is required to approve such a share buyback contract, unless the company’s articles of association require a higher majority or unanimity. Where a contract in relation to a proposed off-market share buyback is to be approved by a company in general meeting, CA 2006, 696 requires a copy of the contract (if it is in writing) or a memorandum setting out its terms (if it is not) to be made available to shareholders. It must be available for inspection at the company's registered office for not less than