Dispute Resolution analysis: Akenhead J in the Technology and Construction Court (TCC) held that an adjudicator had jurisdiction to determine a dispute as to whether there had been a settlement between two parties of the final account due under their contract. Daniel Khoo of 4 Pump Court Chambers considers the judgment and its implications.

ARCHIVED: This Precedent has been archived and is not maintained. Definition Partner • means [the following: [NAME RELEVANT PARTNERS] OR those [describe group of contracting authorities eg Councils or academies in a limited geographical area or a class or type of public body] as set out in the Find a Tender (FTS) and/or Contracts Finder Notice;] And Partner(s) shall be construed accordingly. 1 Use of Agreement by Partners 1.1 The Supplier acknowledges and agrees that the Buyer has entered into this Agreement for the benefit of itself and by the Partners. 1.2 In addition to providing the [Goods OR Services OR Works] to the Buyer pursuant to this Agreement, where: 1.2.1 the Supplier has received a written instruction from the Buyer to provide [Goods OR Services OR Works] to the Partner(s) under this Agreement; and 1.2.2 the Supplier can confirm to the Buyer that provision of such [Goods OR Services OR Works] shall not interfere, compromise or reduce with the level of service provided by the Supplier to the Buyer under this Agreement; the Supplier shall provide such [Goods OR Services OR Works] to the Partner(s) in

Commercial analysis: The High Court recently considered the termination of an aircraft lease to purchase contract between Olympic Council of Asia (OCA) and Novans (an aircraft broking and consultancy company). In finding for the claimant, the judgment considers the thorny contractual issues of repudiatory breach, contractual suspension, unjust enrichment and interpretation, all against the backdrop of a contract drafted without the benefit of legal advice. The defendant terminated the contract for non-payment of an invoice on the grounds that the claimant’s non-payment had amounted to a repudiatory breach. OCA subsequently brought its claim saying that this purported termination was in and of itself a breach. It also brought an alternative claim in unjust enrichment seeking restitution in relation to the monies it had paid over under the contract prior to the termination. The defendant counterclaimed that the claimant’s failure to pay the disputed invoice had amounted to a repudiation of the agreement that the defendant had duly accepted. Written by Rachel Ziegler, partner and Lex Townsley, trainee solicitor at Bryan Cave Leighton Paisner.

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 completed property in Ireland. Once the documents have been reviewed and enquiries raised the purchaser’s construction lawyer would also need to prepare a report on the construction documents, see Precedent: Ireland—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 all payments made 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 or the ‘defects liability period’ such as payment terms (those issues are only relevant for a purchaser who is purchasing a property while construction is still ongoing). Building contracts Identity of contractor • Check that the contractor is still in existence by conducting a company search against the contractor. Also conduct company searches against all sub-contractors

The courts have long recognised as effective and enforceable contractual promises to make or not to revoke Wills. A may thus bind himself personally as to the contents of his Will and may bind his assets so that his personal representative must give effect to such agreement in favour of B at the expense of the beneficiaries under any Will or intestacy taking effect contrary to the contract. Enforcement for breach is usually by the contractual remedies of damages or specific performance (although usually in relation to the asset in question) or, in relation to promises of specific legacies, pursuant to a trust long recognised as arising by virtue of the contract of the property in question. In order to be enforceable

This Q&A assumes that the question relates to a business-to-business contract. An obligation to pay a sum due under a contract is discharged when payment is made in accordance with the terms of the agreement. For guidance on interpreting contracts, see: Contract interpretation—overview. Matters which may be specifically addressed in the contract include: • the time for payment, which could be a specific

A retention of title (ROT) clause is a provision in a contract which allows the seller to retain title to goods which it has delivered to a buyer until the buyer has paid for them in full or, where permitted to do so, sold them on to a third party (see Aluminium Industrie Vaassen BV v Romalpa Aluminium Ltd). A retention of title clause is sometimes referred to as a reservation of title clause, ROT clause or Romalpa clause, after the case bearing that

Law360, London: Lloyd’s of London (Lloyd’s) has denied misleading one of its members into believing he could temporarily change his underwriting classification, a move the longtime underwriter said is expected to cost him more than £5.8m.

Note: This precedent includes provisions to be inserted into a services contract with appropriate amendments. It is assumed that the terms for the parties (ie Appointer and Representative) are defined in the agreement. BACKGROUND (A) The Appointer conducts the business of [insert description] and is established in [insert]. (B) The Representative is an experienced provider of the services of acting as a GDPR Representative in the Territory. (C) The Appointer is undertaking the Relevant Processing of Personal Data of Data Subjects in the Territory. (D) The Appointer wishes to appoint the Representative as its GDPR Representative in the Territory in respect of the Relevant Processing and the Representative accepts such appointment, on the terms of this Agreement. THE PARTIES AGREE: 1 Definitions and interpretation 1.1 In this Agreement: Controller • has the meaning given in Data Protection Laws; Data Protection Laws • means any applicable laws in the Territory relating to the Processing, privacy and/or use of Personal Data, as applicable to either party, the performance of this Agreement or the Relevant Processing, including: (a) the GDPR; (b) the Data

Commercial analysis: This case concerned the interpretation of an equity commitment letter (ECL) governed by English law under which the defendant had agreed to provide €93m to its indirect subsidiary for it to purchase a hotel business from a third party. The share purchase agreement governing the underlying transaction never completed due to the coronavirus (COVID-19) pandemic and is now the subject of Spanish litigation. The parties asked the High Court to consider seven issues of interpretation of the ECL including whether the defendant was obliged to put its indirect subsidiary in funds in circumstances where there was a dispute regarding the underlying transaction. The High Court found against the defendant on all issues bar one. Written by Emily Woodwark, associate, Payne Hicks Beach.

Right to work checks It is unlawful to employ an adult who is subject to immigration control who has: • not been granted permission to enter or stay in the UK, or • permission that is invalid, expired or otherwise ceased to have effect (eg cancelled or curtailed) or which is subject to a condition preventing them from accepting the employment Checking whether a person has the right to work and the right to undertake the kind of employment and hours required is necessary for an employer to avoid breaking the law. Some people with

ADR for consumers The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015, SI 2015/1392 (the 'Amended Consumer ADR Regs') implements the EU alternative dispute resolution (ADR) Directive 2013/11/EU which aims to promote the use of ADR in consumer disputes by encouraging the use of approved ADR entities that ensure minimum quality standards. The EU ADR Directive 2013/11/EU is the European Parliament's response to recognition both that ADR is an effective, low-cost and speedy means of resolving consumer disputes (thus promoting trade) and yet that the provision of ADR services throughout the union is currently fragmented and inconsistent. The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, SI 2015/542 (the Consumer ADR Regulations) do not make ADR of consumer disputes mandatory, however, ADR must be made available where both parties agree to use it and the regulations therefore include requirements as to making available