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Q&As
It is assumed that this query relates to a below-threshold public procurement exercise using the light touch regime (LTR) under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. Voluntary transparency notice A voluntary transparency notice may be used by a contracting authority where a public contract has been awarded without prior publication of a contract notice in accordance with PCR 2015, SI 2015/102, Pt 2 (ie a direct award). A contracting authority may opt to publish a voluntary transparency notice in these circumstances in order to prevent or resist a legal challenge on grounds of ineffectiveness under PCR 2015, SI 2015/102, reg 99(2). PCR 2015, SI 2015/102, reg 99(3) provides that the ground of ineffectiveness (for lack of advertisement) will not apply if the contracting authority: • considers the contract award (without prior publication of a contract notice) was permitted under PCR 2015, SI 2015/102, Pt 2 • publishes a voluntary
Q&As
Non-fungible tokens (NFTs) are a type of cryptographic, digital asset that represents ownership of an underlying, inherently unique and irreplaceable item. This item can be digital or real world, such as artwork or real property. The ‘tokenising’ of ownership or other rights is seen as a way to simplify the buying, selling, or trading of assets, rights, and/or obligations via the digital ecosystem of the internet. NFTs are often sold or traded on an online marketplace, and have gained notoriety in recent months because of the large sums people have been willing to pay for them. Minting (creating), selling, investing in, and trading NFTs is a relatively new phenomenon. Unsurprisingly, as minimal case law exists on the subject, there is currently some uncertainty as to whether and, if so, to what extent, the sale or licensing of NFTs could be subject to UK consumer protection regulations and/or the
NEWS
Dispute Resolution analysis: The court agreed with the Court of Appeal decisions in Solomon v Cromwell and Ho v Adelekun that there is nothing in the rules preventing the parties settling on whatever terms they please and therefore it was possible for parties to agree to contract out of fixed costs. Further the claimant’s response to the defendant equated to a counter-offer, therefore satisfying that in this claim the parties had agreed to contract out of fixed costs. Written by Mark Holloway, costs lawyer, at Paragon Costs Solutions.
PRECEDENTS
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [[CLIENT PARTNER OR SENIOR PARTNER]] [NAME OF DEFENDANT FIRM] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] Preliminary notice of claim We write on behalf
PRECEDENTS
WARNING These template replies to enquiries are intended only as a framework and starting point to assist the Seller in building their bespoke replies to enquiries. They are not a recommended, comprehensive or conclusive list and should not be used without careful consideration and bespoke amendment to suit the particular transaction. The replies given to enquiries before contract are representations made by the seller to the buyer and the buyer is entitled to rely on them in deciding whether or not to proceed with the transaction. It is imperative that they are correctly tailored to the specific matter and do not include any false or flippant statements. They should also not contain any generic statements, such as ‘Not to the Seller’s knowledge’, unless the Seller has made an effort to discover a more comprehensive answer to the enquiry. Such a response contains within it an implication that the Seller has itself made reasonable enquiries relation to the enquiry in question. You
Q&As
The court would ordinarily imply reasonable terms for repayment and if a reasonable period has passed and no payment made then the lender can sue. The real problem, however, is that the period of limitation is six years from the breach of the contract and this might have expired
PRECEDENTS
Agreement relating to [insert project]. This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Employer/Owner/Principal] a [company OR public authority OR entity] [incorporated OR established] under the laws of [jurisdiction] with a registered office at [insert address of the Employer] (the ‘Employer’) 2 each contractor identified in Schedule 1 as a contractor party to a Participating Contract and as a party to this Agreement on the date of this Agreement, and each contractor that subsequently becomes a party to this Agreement in accordance with clause 4 (each a Participating Contractor) 3 each person identified in Schedule 2 as a Board Member and each person who subsequently becomes a Board Member and a Party in accordance with clause 5 (each a Board Member and together the Board Members) The Employer and the Participating Contractors are together the Project Parties. The Project Parties and the Board Members are together the Parties. BACKGROUND The Project is being delivered through the separate contracts identified in Schedule 1 and may include further contracts that become Participating
Q&As
It is of course necessary to show that the breach did amount to repudiation as frequently the contractual right to terminate may be based on an event(s) which would not constitute a repudiatory breach of contract. See Practice Note: Termination of a construction contract for more information on when this threshold might be met. A contractual right to terminate a contract will not automatically exclude the common law right of termination and consequent remedies unless clear and unambiguous words are used to exclude those rights—see: Architectural Installations Services v James Gibbons Windows. Unless the contract amounts to an exhaustive code for termination, any contractual
Q&As
The Renting Homes (Wales) Act 2016 (RH(W)A 2016) substantially reformed the way residential properties in both the public and the private sector are let in Wales. It replaces nearly all previous forms of tenancies and licences with an ‘occupation contract’. We do not have a precedent agreement specifically for the sale of land in Wales which is subject to one or more occupation contracts. For residential properties, the form of sale and purchase agreement most commonly used in England and Wales is the Standard Conditions of Sale (Fifth Edition) (SCS). Condition 3 of the SCS makes provision for properties which are being sold subject to a lease or leases. ‘Lease’ is defined in the SCS as ‘including a sub-lease, tenancy and agreement for a lease of sub-lease’. Similarly, the Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) make provision (in Condition 5) for the
Q&As
See Practice Note: Impact of Brexit: Consumer credit—quick guide [Archived]. This Practice Note relates to changes introduced by the Consumer Credit (Amendment) (EU Exit) Regulations 2018 (the Consumer
PRECEDENTS
Date [date] Parties 1 [name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Seller) 2 [name of (first) Buyer] [and [name of second Buyer] both] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Buyer) 1 Definitions In this Agreement, the following definitions apply: AA 2020 • Agriculture Act 2020; Actual Completion Date • the date on which the Transfer is actually completed; Agreement • this Agreement and any document supplemental or collateral to it; [Basic Payment Scheme • has the meaning given to the expression ‘basic payment scheme’ by section 7(2) of AA 2020, and includes any replacement scheme;] [BPS Payment • any direct payment under the Basic Payment Scheme;] Buyer’s Solicitors • [name] of [address] (reference [details]) or any other firm the Buyer notifies to the Seller or the Seller’s Solicitors for the purposes of this Agreement; [Charge[s] • the charge[s] appearing at entry [number] [and [number]] in the charges register of title number [number] at [date/time of official copy entries];] [Chattels • the items listed at Schedule 2;] Completion Date • [date]; [Cross Compliance Conditions • the statutory management requirements
CHECKLISTS
This Checklist sets out the key contractual provisions within a suite of construction documents that should be reviewed and reported on by a construction lawyer acting for the potential purchaser of a property or development. This Checklist should be read in conjunction with: Construction due diligence for property purchase—initial review of construction package—checklist. Once the documents have been reviewed and enquiries raised the purchaser’s construction lawyer will also need to prepare a report on the construction documents, see Precedent: Report on construction documentation. The list of issues set out below assumes that the construction works at the property in question have been completed and so it is not necessary to review any of the contractual terms and conditions that relate to the operation of the construction contract during construction such as payment terms (those issues are only relevant for a purchaser who is purchasing a property while construction is still ongoing and where step-in rights are being offered). Building contracts Identity of contractor • Check that the contractor is still in existence and run a financial