For information: • on the right to a written statement of employment particulars under the current legislation, see Practice Note: Written statements of employment particulars • on the right to a written statement of employment particulars under the legislation as it applied on or before 5 April 2020, see Practice Note: Written statements of employment particulars—to 5 April 2020 [Archived] Under section 2(4) of the Employment Rights Act 1996 (ERA 1996) as it applied on or before 5 April 2020, certain particulars, including the particulars

The appointment of a receiver will not generally terminate the contract, unless the terms of the contract itself provide that the contract automatically comes to an end on the appointment of a receiver and/or enters into an insolvency process. More commonly, the contract will provide that the other party (the purchaser here) has the opportunity to terminate. Although the receivers are generally free to cause the borrower to repudiate or ignore existing contractual obligations (but do not have a general power to disclaim onerous property), the debtor will incur liability if he is caused to breach the contract and a claim for damages could be brought against the borrower. If the debtor is insolvent, a claim for damages is of course of little use and would become an unsecured

Case study In relation to a purchase of a flat, there were discussions of works being carried out to the block and the seller put in writing to an agent (in an email and forwarded to the buyer) confirming the seller will cover the cost of the same. There was then confirmation from the seller’s solicitors that the works were not to be carried out after all. The seller transferred the Leasehold estate of a particular property to the purchaser pursuant to a sale contract executed by both parties. Can the buyer rely on the seller's email if the seller has now requested

A contract is formed where there is an offer, acceptance, consideration and an intention to create legal relations. In this scenario, it appears that all the elements of a valid contract are present. There seems to have been a verbal offer and acceptance, with the payment of a deposit acting as consideration for the item B is selling and also signalling a desire to create legal relations. The fact this is a business to business interaction also suggests that there is an intention to create legal relations. However, it will be important to establish whether the deposit was paid and order made 'subject to contract' in which case the arrangement

Engineer, procure and construct contract

The aim of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013), which implement Directive 2011/83/EU, the Consumer Rights Directive, as amended by the Consumer Contracts (Amendment) Regulations 2015, SI 2015/1629, is to ensure that consumers negotiating so-called off-premises agreements on the doorstep or in a field sales environment are in a similar position to those consumers who make purchases at retail premises. The government has produced guidance on the CCR 2013. Right

Disability discrimination Under section 6 of the Equality Act 2010 (EqA 2010) and EqA 2010, Sch 1, Pt 1, cancer is considered (without more) to be a disability for the purposes of EqA 2010. See Practice Note: Disability. Consideration will need to be given to the different types of discrimination and other prohibited conduct set out in EqA 2010. See the section of Practice Note: Disability discrimination entitled ‘The basic types of discrimination and other prohibited conduct’, and the more detailed Practice Notes referred to in that section. For the purposes of

An agreement for lease is required where the landlord and tenant cannot enter immediately into the lease itself, but need to know that the other party is bound to do so on the agreed terms at the relevant point in the future. The form of lease should be annexed to the agreement for lease to ensure compliance with the statutory formalities for an agreement for the sale of land, or of an interest in land (see section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)). LP(MP)A 1989, s 2 provides that the agreement must: • be in writing • contain or incorporate all of the terms expressly agreed by the parties, and • be signed by or on behalf of the parties For further information, see Practice Notes: When do you need an agreement for lease? and Contracts for the sale of land—formation,

The research for this Q&A is limited to cover contractual warranties in a supply of goods contract. Claims for defective products In an absence of contractual term, an individual who has been supplied goods can claim for defects to those goods which cause personal injury or damage to property through the Consumer Protection Act 1987 (CPA 1987). Such claims are subject to specific limitation provisions as set out in section 11A of the Limitation Act 1980 (LA 1980). Under LA 1980, s 11A(4), an action for damages for personal injury or loss of or damage to property caused by a defective product is subject to a limitation period of three years from whichever is the later of: • the date on which the cause of action accrued, and • the date of

In property transactions, a sale contract becomes legally binding on exchange of contracts. It is common practice for exchange to take place by telephone in accordance with the Law Society's Formulae for exchanging contracts by telephone (the Formulae): • formula A, where the seller’s solicitor holds both parts of the contract • formula B, where each solicitor is holding their own clients signed contract, or • formula C, where there is a chain of transactions Use of the Formulae automatically includes an undertaking by each solicitor to forward the other their client’s part of the contract on the day of exchange, by first class post, document exchange or personal delivery, see Practice Note: Transferring commercial property—a practical guide — Exchange. Depending on the status of the person who

The Competition and Markets Authority (CMA) has published revised guidance on unfair contract terms, covering the unfair contract terms provisions in part 2 of the Consumer Rights Act 2015, following a public consultation. The CMA states that the guidance has been updated to improve accessibility for businesses and to reflect the CMA's direct consumer enforcement powers under the Digital Markets, Competition and Consumer (DMCC) Act 2024. A summary of responses to the consultation has also been published.

Forming enforceable contracts A valid contract requires offer, acceptance, consideration, intention to create legal relations, capacity and certainty. Acceptance can be by words or conduct. See: Formation and interpretation—overview for a summary of the requirements for a valid, enforceable contract. Death occurring prior to signature Authority of director to bind company The articles of association of a company will generally provide that the board of directors is responsible for the management of the company giving the directors express authority. The articles may also authorise the board to delegate authority to one or more individuals whether directors or otherwise. However, an individual director may still be authorised to exercise the powers of the company even if the board of directors has not passed a board resolution to formally delegate its powers to them and if there is any dispute over whether or not an individual director has been