Cabinet Office and the Government Legal Department have updated their Model Services Contract collection to include updated guidance for buyers under the Procurement Act 2023, and updated core terms and schedules.

The Joint Contracts Tribunal (JCT) has published guidance on contract publication. The guidance confirms that public sector bodies may upload signed JCT contracts to comply with obligations under the Procurement Act 2023. Where customers have used schedules of amendments rather than completing the contracts in full, only the relevant schedule may be uploaded. Blank JCT contracts, whether in digital or print format, may not be uploaded. The guidance also states that all copyright notices appearing on JCT contracts must be retained in any uploaded versions.

We refer you to Practice Note: Remedies for connected lender liability in consumer credit. In particular, we refer you to the section titled ‘Connected lender liability—the basics’, subsection ‘The debtor’ which states: ‘It is only the debtor under the credit agreement who has a claim against the creditor. This creates problems, for example: a husband is the debtor under a

In general, a party can bring a claim against anyone or indeed elect not to progress a particular claim (in contract, or otherwise). The merits of each claim needs to be assessed on a case by case basis, however there may be good reasons why a party would wish to focus on a particular claim against a specific party beyond simply the perceived merits of the various causes of action they are considering. For example, a potential defendant’s financial means or the present location of a potential defendant could influence which claim a party wishes

Arbitration analysis: The Delhi High Court restrained Argo from continuing an LMAA arbitration, holding that no arbitration agreement existed where the signed Booking Note incorporated rider clauses 20–41 but not clause 43, which contained the arbitration provision. Applying the Indian Evidence Act 1872, the court held that prior negotiations and the Fixture Recap could not vary or supplement the clear terms of the signed document, nor could the tribunal rectify the Booking Note to create its own jurisdiction. The decision highlights the need for arbitration provisions to be expressly incorporated into signed contractual documents and confirms that, where consent to arbitrate is absent, an Indian court may intervene notwithstanding a foreign tribunal’s jurisdictional ruling. Produced in partnership with Saurabh Seth, advocate, of Chambers of Saurabh Seth, New Delhi, who appeared for the successful appellants, led by Dayan Krishnan, Senior Advocate.

date [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Seller) 2 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Buyer) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at [address]] [and whose address for service in England and Wales is [address]] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed; Buyer’s Solicitors • [name] of [address] (reference: [details]); [Charge[s] • the charges appearing at entry [number] [and [number]] in the charges register of title number [number] as at [date/time of official copy entries];] [Chattels • the items listed in Schedule 3;] [Chattels Price • £[amount in figures] [([amount in words] pounds)];] Completion Date • [20] working days after the Condition is satisfied or waived in accordance with paragraph 12 of Schedule 1; Condition • is as defined

DATE [date] Parties 1 [name of Seller] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Seller) 2 [name of Buyer] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Buyer) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] [and whose address for service in England and Wales is [address]] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed; Buyer’s Solicitors • [name] of [address] (reference: [details]); [Charge[s] • the charge[s] appearing at entry [number] [and [number]] in the charges register of title number [title number] at [time/date of official copy entries];] [Chattels • the items listed in Schedule 2;] [Chattels Price • £[amount in figures] [([amount in words] pounds)];] Completion Date • [date] or, if later, [5] working days after the Consent is obtained; Consent • written consent to the Transfer (satisfying the requirements

For the purposes of this reply we have focused exclusively on the question of whether a contract may be required under Article 28(4) of Regulation (EU) 2016/679, the General Data Protection Regulation (the GDPR), and not on the details of what terms should be imposed. Obligation to put in place a contract with subprocessor under Article 28(4) It is common for suppliers of data processing and other services to sub-contract the performance of some or all of their obligations to sub-contractors. Where the processor sub-contracts (or otherwise permits) another processor to process personal data that ‘sub-processing’ is subject to specific rules under the the GDPR regime. Information law practitioners commonly refer to this as ‘sub-processing’, although it is not a term which is used in the GDPR itself. See Practice Note: Supply chains under

Equitable set-off Equitable set-off arises when two claims are so closely connected that it would be unjust to allow one party to enforce its claim without giving credit for the claim of the other party where that party has been wronged. The features of equitable set-off are that: • there must be an inseparable connection between the claim and the cross-claim, and • it must be manifestly unjust to refuse the set-off Unlike in legal set-off, the claims do not have to be liquidated and a right of equitable set-off can be exercised outside court. Please see our Practice Note: Types of set-off for a more detailed comparison of legal set-off and equitable set off. Limiting rights of set-off Parties may contract out of equitable rights of set-off, but this can only be done by clear and unequivocal words, or a clear implication see: Halsbury's Laws of England, vol 12, para 412. (a) Unequivocal words Lord

This Q&A relates to the position in respect of the assignment of IP rights under English law. The general position is that the assignment of an IP right must be in writing, signed by or on behalf of the assignor or personal representative. There is no requirement for the assignee to sign an assignment unless they are accepting obligations. The provisions setting out the formalities required for the assignment of the key IP rights are as follows: • registered trade marks, see: section 24(3) of the Trade

For information on unlawful deductions from wages generally, see Practice Note: Deductions from wages. Section 13 of the Employment Rights Act 1996 (ERA 1996) prohibits a deduction from the worker’s ‘wages’; an employer may not make a deduction from the wages of any worker employed by the employer unless: • it is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker's contract, or • the worker has previously signified in writing their agreement or consent to the making of it Separately, ERA 1996,

This Q&A assumes that the question contains an error and should say ‘following rescission by a seller of a contract to purchase a house…’. It also assumes that the contract incorporates the Standard Conditions of Sale (5th Edn) and that a notice to complete was served on the buyer. This Q&A does not consider the contract for sale between the parties and so the answer to this Q&A is given on the basis that there is nothing within the contract in question which affects the position. Most residential transactions now incorporate the Standard Conditions of Sale (5th Edn): Encyclopaedia of Forms and Precedents [81]. Clause 2.2.6 states that: ‘Any deposit or part of a deposit