This Practice Note looks at the requirements of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) for creating a valid contract for the sale, or other disposition, of an interest in land. It provides guidance on signing and exchanging contracts for the sale of land, the requirements for varying a property contract and the options to consider when a contract does not meet the statutory requirements for a valid contract. Introduction A contract for the sale, or other disposition, of an interest in land is void unless it complies with LP(MP)A 1989, s 2. This provides that it must: • be in writing • contain or incorporate all of the terms expressly agreed by the parties in one document or, where contracts are exchanged, in each, and • be signed by or on behalf of each of the parties to it The application of LP(MP)A 1989, s 2 is most commonly encountered in the context of: • contracts for the sale and purchase of land • agreements for lease (although

International construction arbitration is evolving as the technological, commercial and regulatory forces shaping the global shift to renewable energy also transform the disputes landscape. Traditional issues such as delay and disruption, defects, and variations endure, but they now sit alongside challenges arising from fragmented procurement structures, complex multi-contract interfaces, reliance on first-of-a-kind and proprietary technologies, and unprecedented volumes of digital project data. Supply chain volatility, including extended lead times, constrained original equipment manufacturer (OEM) capacity, limited alternatives for proprietary components and sharp price fluctuations, have created new delay and cost risks that increasingly surface in disputes. For more on the recent trends in renewable and energy transition projects, see News Analysis: The changing face of international construction arbitration in renewable and energy transition projects. Arbitration practice is adapting. Tribunals are increasingly required to navigate dense technical and digital evidence, dispute board enforcement issues, and jurisdictional problems created by multi-contract procurement models. Issues linked to third party funders, security for costs, and the overlap between

1 Definitions Bank • [name of Bank]; Outstanding Matter[s] • satisfaction by the Seller of [each of] the following matters: (a) [details of outstanding matter to be completed;] (b) [details of outstanding matter to be completed;] Retention Account • an interest earning deposit account

Research for this question is limited to covering public contracts regulated under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015). The PCR 2015 include provisions which require contracting authorities to ‘take appropriate measures’ to deal with conflicts of interest and avoid the distortion of competition. The rules are found in PCR 2015, SI 2015/102, reg 24 (Conflicts of interest) which provides that: ‘(1) Contracting authorities shall take appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators. (2) For the purposes of paragraph (1), the concept of conflicts of interest shall at least cover any situation where relevant staff members have, directly or indirectly, a financial, economic or other personal interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure. (3) In paragraph (2)— “relevant staff members” means

A definition of 'similar works or services' is provided by neither legislation nor case law in England and Wales. The specific meaning must be considered on a case-by-case basis as the repetition of similar works or services should be in conformity with the relevant basic project for which the original contract was awarded, and crucially, in light of the extent of possible additional works or services indicated in the original procurement. Awarding a contract without prior publication of a contract notice

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. A statutory demand is a formal demand for payment of a debt served by a creditor on its debtor in a standard, prescribed form. It is not issued by the court and has been described as an ‘extra-judicial’ document and a non-legal process (see Re a Debtor (No 88 of 1991)). It is an important method of proving the insolvency of a debtor ahead of issuing

We note at the outset that for an employer to instruct an omission of works, the contract between the employer and the original contractor must contain provisions permitting it to do so. This will depend on the wording of the contract. Even where a contract allows the employer to omit works, the court has been clear that, in the absence of express wording, this does not extend to permitting the employer to give the work to a new contractor. See: What is a variation on a construction project?—Omissions and Q&A: Can an employer omit work from the building contract in order to give it to another contractor?. If there is an express right, then the variation must be instructed in accordance with any procedural requirements (see Practice Note: What is a variation on a construction project?). Although the ability to omit works is often included within a

In conducting our research we have focussed on powers to make decisions. However there are specific considerations applicable to the use of ANPR cameras by a public authority that must be considered, as should the public procurement implications of any contracting arrangement. The powers of a parish council A parish council may only do such things as are expressly or impliedly authorised by statute or by subordinate legislation. Local authorities are generally authorised by statute to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions (see section 111 of the Local Government Act 1972 (LGA 1972)). The Competence Power (see Part 1 of the Localism Act 2011 (LA 2011)) was introduced on 17 February 2012 as an extensive, primary, empowering measure to give local

The Ministry of Housing, Communities and Local Government (MHCLG) has published guidance to facilitate the resolution of disputes under the Developer Remediation Contract between Participant Developers and third parties, particularly those disputes obstructing the agreement of a works contract.

The Joint Contracts Tribunal (JCT) has published two updated practice notes: (1) 'Deciding on the appropriate JCT contract 204' and (2) 'BIM and JCT Contracts 2024'. The 'Deciding on the appropriate JCT contract' practice note has been updated to reflect the JCT 2024 Edition, including reference to the forthcoming JCT Target Cost Contract. It also provides guidance on selecting suitable main and sub-contracts within the JCT 2024 contract suite for specific projects and advises against amending standard form contracts without appropriate professional advice, due to the risk of unintended legal consequences. The 'BIM and JCT Contracts' practice note aims to improve understanding of the legal and contractual issues associated with Building Information Modelling (BIM). It offers practical advice for project participants and their professional advisers, encouraging a collaborative and constructive approach to using BIM in conjunction with the JCT Design and Build Contract 2024.

Arbitration analysis: His Honour Judge Eyre QC, sitting as a Judge of the High Court, granted a stay of court proceedings in favour of arbitration under section 9 of the Arbitration Act 1996 (AA 1996) in a dispute over the payment of agency fees related to the transfer of a professional footballer. The judge found a vertical contract between the first claimant and the Football Association (FA) and that the first claimant had acceded to the FA’s rules (the Rules). The court went on to find that the dealings between the first claimant and the defendant gave rise to an implied horizontal agreement which would be bound by the Rules, and in particular Rule K, which operated as an arbitration agreement.

The Joint Contracts Tribunal (JCT) has released the 2024 Target Cost Contract (TCC) family, along with the Tendering Practice Note 2024. Reference copies will shortly be available on Lexis+ Construction, within our JCT contracts 2024 subtopic (under the 'Forms' tab), and can also be accessed from Practice Note: JCT contracts 2024—reference copies.