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PRECEDENTS
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our ref: [insert your file reference for this matter] FAO: [INSERT RELEVANT NAME] [NAME OF DEFENDANT] [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]. As you are aware, [insert Claimant’s name] is [insert description of claimant’s background/profession].
PRECEDENTS
The [assignment OR transfer] of the Property must contain the following covenants: 1 The [Transferee OR Assignee] covenants with the [Transferor OR Assignor]: 1.1 during the Term to pay the [yearly] rent of £[amount] which is part of the [yearly] rent of £[amount] reserved by the Lease [and [insert percentage]% of the [yearly]
Q&As
The Consumer Rights Act 2015 (CRA 2015) lays out statutory remedies available to consumers in circumstances where the goods do not conform with the contract. For the purposes of the available remedies, CPA 2015, s 19(1) clarifies that 'references to goods conforming to a contract are references to: • (a) the goods conforming to the terms described in CRA 2015, ss 9, 10, 11, 13 and 14 • (b) the goods not failing to conform to the contract under CRA 2015, s 15 or CRA 2015, s 16, and • (c) the goods conforming to requirements that are stated in the contract The remedies available include: • the short-term right to reject the goods (see CRA 2015, ss 20 and
Q&As
In the case of a typical senior employee, the employment contract will (typically) include a number of provisions designed to protect the employer that will apply during the employment, eg in relation to conflicts of interest, confidential information and intellectual property (IP). See eg clauses 5, 18 and 19 of Precedent: Employment contract for senior employee and the related Drafting Notes. Those obligations will typically be supported by a provision giving the employer the contractual right to terminate the employment summarily if the employee commits a serious or repeated breach of any of the provisions of the contract. See eg clause 22.1.2 of Precedent: Employment contract for senior employee. However, depending on the impact of any breach, the ability to terminate the employment
Q&As
Contracts can be formed in one of three ways: • orally • ‘under hand’ (in writing), or • by deed Oral and written contracts are executed ‘in simple form’ and deeds are executed in ‘solemn form’. Execution of a contract At its most straightforward, a signature is the manuscript addition of the party's name to a document to indicate agreement to, and willingness to be bound by, its terms. However, the court has been asked to rule on the status of a range of signatures as standards of literacy have varied, and as new technologies have emerged. Reviewing the authorities in 2001, the Law Commission concluded that the test is one of function, not form. The courts have consistently looked to whether the method of signature used fulfilled
NEWS
The Cabinet Office has published updated guidance on the Mid-Tier Contract. Version 1.3B of the guidance contains further updates and clarifications following previous updates in 2025 reflecting the implementation of the Procurement Act 2023 (PA 2023). The guidance also refers to specific updates made to the Mid-Tier Contract template in April 2026, including updates to schedules on buyer-specific terms and Northern Ireland law.
NEWS
Employment analysis: The employment tribunal’s statutory jurisdiction to hear contract claims under the Employment Tribunal Extension of Jurisdiction (England and Wales) Order 1994 (the 1994 Order) includes only claims brought by an employee against an employer and excludes claims against anyone else (eg an associated company or the claimant’s trade union), even if they have a contract with the claimant that is connected with employment, according to the EAT.
PRACTICE NOTES
This Practice Note describes the structure and form of a business-to-business commercial contract or agreement. It outlines the form which commercial agreements generally take and explains what information should be included in the contract document, including in the parties, background (or recitals), main body, schedules and attestation sections. Form of commercial contracts How a contract is formed A contract is a legally binding agreement that grants rights and creates duties between two or more parties. Contract law principles provide that for a contract to exist, four key elements must be present: • offer • acceptance • consideration • an intention to create legal relations For more information, see Practice Notes: • Ireland—Contract law essentials • Ireland—Contracts—formation and interpretation Simple contracts v deeds Simple contracts may be created orally, by conduct or in writing. Certain types of simple contracts, however, must be created in writing. For details, see Practice Note: Ireland—Executing simple contracts and deeds. Some agreements require greater formality and must be executed by deed, for example, a legal estate
Q&As
There is no express provision in the JCT Design and Build (D&B) contract (either the 2011 or 2016 edition) requiring the contractor to integrate its works with any existing works/structures. Under clause 2.1.1 of the JCT D&B, the contractor is required to carry out the works in a proper and workmanlike manner. The works are also to be carried out in accordance with the Contract Documents—which includes (among others) the Employer’s Requirements (ERs) which are the documents showing and describing the employer’s requirements for the design and construction of the works it wants the contractor to carry out, and the Contractor’s Proposals (CPs) which are the contractor’s response to the ERs showing its proposals for the design and construction of the works. The contractor is to complete the design for the works, including selecting
NEWS
Commercial analysis: In a claim in connection with the provision of software services the court decided preliminary issues in respect of a limitation of liability provision. The issues were whether a cap on the amount payable by the supplier of the services to a customer was a single aggregate cap or multiple caps with a separate financial limit applying to each of the claimant’s claims and, if there were multiple caps, which were the claims to which the cap applies? The court decided that the limitation of liability did not involve multiple caps. The case is important because many commercial contracts (and consumer contracts) have limitation of liability clauses and the interpretation provided by the court will be relevant to those drafting such contracts. Written by Fred Philpott, barrister at Gough Square Chambers.
Q&As
In this scenario, the tenant's student sponsorship was withdrawn, and the tenant was reported to the Home Office. As a consequence of losing their sponsorship, the tenant no longer had a lawful basis to remain in the UK. The tenant therefore did not move into the property, although they had signed a tenancy agreement and paid a deposit. A tenancy agreement is a contract, and, subject to the doctrine of frustration or other ways in which a contract can be treated as having come to an end, will be enforceable as between the landlord and the tenant. Frustration arises on the occurrence of an event that makes the performance of the contract impossible or significantly different to that which was intended by the parties. The
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party A); [and] 2 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party B)[, OR ; and] 3 [[insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Guarantor),] each of [Party A and Party B OR Party A, Party B and the Guarantor] is a party and together [Party A and Party B OR Party A, Party B and the Guarantor] are the parties. Background (A) This Agreement is supplemental to the Contract (as defined below). (B) In accordance with clause [insert variation clause reference] of the Contract, each party has agreed to amend the Contract as set out in this Agreement. (C) [Under the Guarantee (as defined below), the Guarantor agreed to guarantee certain obligations of Party B.] (D) [The Guarantor is entering into this Agreement as confirmation