The Renting Homes (Wales) Act 2016 (RH(W)A 2016) provides for two types of occupation contract; standard and secure. Standard contracts may be fixed term or periodic; secure contracts are always periodic. See RH(W)A 2016, ss 1 and 8. The general rule is that an occupation contract made with or adopted by a community landlord (as defined in RH(W)A 2016, s 9) will be a secure contract and an occupation contract made with or adopted by a private landlord (as defined in RH(W)A 2016, s 10) will be a standard contract. The principle of flexibility running throughout RH(W)A 2016 provides the facility for community landlords to enter into standard

What does this Practice Note cover? This Practice Note provides high level information on the clearing of over-the-counter (OTC) derivative contracts under Assimilated Regulation (EU) 648/2012 (UK EMIR) . This Practice Note includes information on: • what over-the-counter (OTC) derivative contract clearing involves • the mandatory clearing obligation under UK EMIR • the classes of OTC derivative contracts that are subject to the mandatory clearing obligation • who is required to clear • exemptions from the clearing requirement • how clearing operates under both the principal and agency models • the documentation required for a clearing relationship, and • what indirect clearing is What is OTC derivative clearing? Clearing is a process which eliminates the normal risk that a party to a derivatives transaction will default. The main parties involved in the clearing process are: • a financial institution known as a clearing house or central counterparty (CCP), and • other financial institutions, usually banks or brokers, which meet the financial and other criteria of the clearing house and enter into a clearing

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note looks at the issues arising in relation to Article 5 of Regulation (EC) 44/2001, Brussels I, which deals with situations where the claimant can bring proceedings in a jurisdiction in which the defendant is not domiciled. It covers tort and delict as well as other non contractual claims. Note: since 10 January 2015 Regulation (EC) 44/2001, Brussels I has been repealed in its entirety and replaced by Regulation (EU) 1215/2012, Brussels I (recast). However, transitional arrangements have been put in place. For information on those arrangements and whether Brussels I provisions still apply to the matter you are dealing with, see Practice Note: E&W Brussels I (recast)—application and exclusions. Article 5 and Article 6 of Regulation (EC) 44/2001, Brussels I deal with situations where the claimant is able to choose to bring proceedings in a jurisdiction in which the defendant is not domiciled. The articles confer non exclusive jurisdiction and so do not oust the jurisdiction of any other EU

In relation to Precedent: Framework services agreement—single contract with call-off orders—pro-supplier, we confirm that the Precedent has been updated to accommodate considerations stemming from the Corporate Insolvency and Governance Act 2020 (CIGA 2020) which introduced the new section 233B to the Insolvency Act 1986 (IA 1986), (as have any other Commercial Precedent agreements similarly impacted). In particular within that Precedent, we refer you to: • the introductory drafting notes under the heading 'Statutory controls to protect supply of goods and services to customers subject to an insolvency procedure' which alerts the user that CIGA 2020 may impact the supplier's ability to rely on certain provisions in the Precedent

When defining a term by reference to a list of items, the purpose of expressing that list to be ‘without limitation’ is to ensure that, in the event of a dispute as to whether a situation is within the defined term, the term will not be interpreted solely by reference to the list given, but

This guide enables organisations to better understand, measure and reduce emissions related to contracts, especially contracts with large emissions. These sustainability clauses were produced by The Chancery Lane Project

Construction analysis: The Technology and Construction Court (TCC) granted declarations sought by an employer in relation to unlawful suspension and termination of a design and build contract and the contractor’s consequent repudiatory breach. The TCC held that suspension and termination notices served by the contractor, in relation to an alleged prevention of work by the employer by its failure to provide instructions in relation to asbestos removal work and structural repairs, were not valid.

See Precedent: Clause for an agreement for sale providing for completion of sale of registered freehold land where registration of the title of the seller

A contract will only be capable of being enforced if it has been accepted. This acceptance must be a final and unqualified expression of assent to the terms of an offer, whether through signing a contract, words or conduct. This means that the following will not generally be sufficient to constitute acceptance: • mere acknowledgement of receipt of the offer • assent to an offer, which contains two alternative proposals • a request for information in relation to the terms of the offer Acceptance by conduct The manner in which a person can accept a contractual offer are varied, but an example would be a supplier of goods accepting an offer to buy goods by supplying them to the place and in the quantity specified in the offer. In order to establish

Public Law analysis: This case involved a ‘late’ application for permission to re-amend an Amended Defence. The court refused permission for re-amendments that raised largely historic issues and of no direct relevance to the defendants' case. However, the court permitted re-amendments that had a real prospect of success provided that the defendants re-phrased them as a concise summary of the particular allegation. The court also clarified that proposed re-amendments comprising broad references to documents are not appropriate for concise particulars. While the court confirmed the application was late, it did not consider it a very late application (ie one that prejudiced the trial listing) as concise re-amendments of the particulars would not threaten the existing trial dates with appropriate case management. Written by Lauren Hamilton (partner) and Francesca Puig (associate) at Addleshaw Goddard LLP.

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our ref: [insert your file reference for this matter] FAO: [INSERT RELEVANT NAME] [NAME OF DEFENDANT ACCOUNTANT] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [We write further to our letter dated [insert date of your preliminary notice of claim, if sent]. That letter was a preliminary notice of claim sent pursuant to the Pre-Action Protocol for Professional Negligence, and required an acknowledgment by [insert date].] [We are in receipt of your letter dated [insert date] acknowledging receipt of the preliminary notice. [However, we await confirmation that your professional insurers have been advised of the circumstances of our client’s claim against you. We also request that you pass a copy of this letter to them, and confirm to us that you have done so.] ] 1 Overview and basis of claim 1.1 [As you are aware, w OR W]e act for [insert claimant’s name]. 1.2 We are instructed that in or around [insert date] you were instructed to act as our

Formation of contract—What have the parties contractually agreed? It is first necessary to identify what the supplier and customer have contractually agreed will be supplied and installed. As such one must first consider all of the communications and discussions between the parties comprising the offer and acceptance process. This will include, without limitation, the detail of the invitation to tender document, the quotation, confirmation of acceptance, invoices and other emails, telephone calls and discussions between the parties relating to the subject matter. Included within those considerations any terms on which quotations and tender documents are purported to be made. A legally binding contract must, among other things, comprise both an offer and acceptance. Practice Note: Forming enforceable contracts—offer analyses the requirements for a legally binding offer, and considers what we mean by 'offer', how to distinguish an offer from an ‘invitation to treat’, with relevant common examples, different