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This checklist highlights the principal matters to review when a new individual joins a limited liability partnership (LLP), covering legal, regulatory and practical considerations. Identity of new member Full name and residential or registered address of the incoming member? Confirm the individual is not an undischarged bankrupt and is not prohibited from acting as an LLP member or as a company director. Check whether any current agreements or restrictive covenants (eg employment, LLP, joint venture, finance documents) could limit their ability to join or commit to the LLP. LLP agreement and other documentation What mechanism in the current LLP agreement governs the admission of new members? Will a deed of adherence/accession be required? Are any amendments needed to the terms of the existing LLP agreement? Do any related contracts require variation or consent, eg leases and IP licences?...
This checklist outlines the main points to address when establishing a limited liability partnership (LLP), covering legal, regulatory and practical considerations. Number and identity of the members How many members will there be, and who are they? Eligibility: a member must not be an undischarged bankrupt, nor disqualified from acting as an LLP member or a company director. Capacity of each member: individual, company, other entity or body. For individuals, provide: full name and any former business name(s) used within the previous 20 years usual residential address (plus any CA 2006, s 243 exemption from disclosure to credit reference agencies as it applies to LLPs) service address (this can be the LLP’s registered office) country or state of residence date of birth For corporations, provide: name (and any firm name) registered or principal office registration number (for a UK company)...
In this issue When planning permission is required Planning enforcement Obtaining, amending and implementing planning permission Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Related Documents When planning permission is required Court clarifies scope of section 55 of the Town and Country Planning Act 1990 and resolving ambiguity in prior approvals (Dharmeshkumar v SSLUHC) In Dharmeshkumar v SSLUHC, the High Court found that substantial refurbishment amounted to “development” for the purposes of section 55 of the TCPA 1990, as it materially altered the building’s outward appearance and therefore required express consent. The court also confirmed that any uncertainty within prior approvals can be resolved by referring to the application paperwork and drawings, ensuring compliant aspects remain authorised while only non-compliant works face enforcement. See News Analysis: Court clarifies scope of section 55 of the Town and Country Planning Act 1990 and resolving ambiguity in prior approvals (Dharmeshkumar v SSLUHC). Planning...
Safestand Ltd v Weston Homes plc and other companies [2025] EWCA Civ 374 What are the practical implications of this case? This decision reminds design law practitioners that design representations must be clear enough for the court to interpret them without requiring expert evidence. Particular care is needed when defining the scope of protection sought—whether it is for a complex product or a set of articles—and deciding how best to illustrate that in the filed images. For complex, modular designs, filings should depict components consistently across all views; otherwise, they risk being read as alternative embodiments of a set of articles rather than a single product. Moreover, when submitting design registrations, practitioners should reflect on the effect of including colour and how a court may understand its use. Although Safestand succeeded in reversing the invalidity finding, achieving that result demanded exacting examination of the drawings and inspection of the product, enabling the Court of Appeal to conclude the images were not hopelessly inconsistent or irreconcilably contradictory...
In this issue: Planning applications and decisions Environmental impact assessment Housing Planning policy Nationally significant infrastructure projects Planning and air pollution Daily and weekly news alerts New and updated content Latest Q&A Related Documents Planning applications and decisions Court of Appeal quashes planning permission for failing to consider noise, and comments on the interpretation of planning permission (Ariyo v Richmond Upon Thames LBC) In R on the Application of Ariyo v Richmond Upon Thames London Borough Council [2024] EWCA Civ 960, the Court of Appeal examined whether the London Borough of Richmond Upon Thames (the LPA) acted unlawfully in granting consent for a garden area and associated structure to operate as a restaurant. The permission was overturned because noise effects—an important material consideration—were not assessed. The ruling also underscores the need for precision and internal consistency across planning applications, drawings and decision notices, so that later ambiguity and dispute are avoided...
This Practice Note explores the nuanced relationship between copyright and designs. For wider context on designs law and copyright, see: Design transactions and management—overview and Copyright & associated rights—overview. Before the Copyright, Designs and Patents Act 1988 (CDPA 1988) took effect, copyright was the chief mechanism for safeguarding rights in industrial articles. A key aim of CDPA 1988 was to narrow copyright’s reach over designs exploited industrially and to create a UK unregistered design right (often called ‘design right’). For a visual outline of how the CDPA 1988 copyright provisions operate, see: Application of copyright law to designs—flowchart below. Creators of artistic works applied in industrial production may not be able to rely on copyright and may instead turn to design right or registered design(s). Nevertheless, copyright still protects: original design drawings rights in designs of three-dimensional objects that qualify as artistic works under CDPA 1988 surface decoration applied to industrial articles Relevant legislation and key cases CDPA 1988...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Schedule of amendments A compiled list of changes to a standard form contract in which the parties record their agreed departures from the issued terms. Accordingly, it should be read alongside the underlying standard form. The parties should ensure any negotiated and agreed schedule of amendments is duly incorporated into the contract. Within NEC3/NEC4 suites, such alterations to the standard form are known as Z clauses. Refer to Practice Notes: Construction contract documents and Selection of standard form construction contracts, and to our relevant Precedent schedules under the Precedents tab in subtopics: JCT contracts 2024—overview, JCT contracts 2016, JCT contracts 2011, NEC contracts and Other standard form construction contracts. Schedule of rates/prices A schedule used in tendering when precise quantities are not established, or within a lump sum arrangement for pricing variations (often termed a Bill of Quantities). The tenderer...
Introduction This Practice Note explores design under the 1999 Red, Yellow and Silver Books, the 2008 Gold Book, and the 2010 Pink Book. For coverage of design in the 2017 Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—design. In the Yellow, Silver and Gold Books, the contractor undertakes the design to satisfy the employer’s requirements prepared by or for the employer, while in the Red and Pink Books the design is produced by or on behalf of the employer. The design is set out in the following: specifications and drawings (Red and Pink Books) employer’s requirements together with the contractor’s proposals (Yellow Book) employer’s requirements and the Tender (Silver Book) employer’s requirements, the contractor’s proposals and operation management requirements (Gold Book) Contractor design obligations under the Red and Pink Books FIDIC treats the Red and Pink Books as traditional construction contracts, since the contractor constructs and completes the works in accordance with a design prepared by...
The Contract comprises the completed Standard Building Contract Without Quantities for use in Scotland 2016 published by the SBCC subject to the following amendments: Recitals and Articles updated: contractor to provide a master programme and Schedule of Information Requirements; CDP responsibility accepted; Principal Contractor duties priced; arbitration deleted; Schedule of Amendments prevails; Third Party Agreements duties. Contract Particulars: arbitration entries removed; Rectification Period set at 12 months; fluctuations and certain PII/guarantee entries deleted. Conditions: key definitions revised (Practical Completion, Copyright Material, Design sub‑contractors, Funder, Site); Scottish jurisdiction; approvals mean principles only; entire agreement; variations in writing. Design/materials/programming: contractor accepts ER/CP; quality and non‑deleterious materials; programme reporting; site risk; drawings/info supply; tighter discrepancy notices. Time/defects: mitigate and advise on delay; narrower Relevant Events; Practical Completion clarified; stronger rectification, consequential damage and indemnity; phased as‑built/occupation information. IP/confidentiality/BIM: broader licence, moral rights waivers and delivery; confidentiality reinforced; BIM where adopted. Management/sub‑contracting: access, approved Site Manager, meetings; prescribed sub‑contracts; collateral warranties/third‑party rights; CDM duties; insurance...
The Architect shall: General responsibilities (Stages 0–7) Lead Consultant: advise on scopes, guide specialists, integrate and co‑ordinate design, chair design meetings with minutes, manage Client–Design Team communication, collate stage reports. Act as or liaise with the Principal Designer under CDM 2015 and Building Regulations 2010; manage Client instructions; agree deliverables; design to budget; brief on duties; liaise with the BIM Manager. Stage 0: advise on risks, finance and feedback; visit site; assist with Design Team appointments; Stage 0 report. Stage 1: feasibility; arrange/collate surveys; develop the strategic brief into the Project Brief (sustainability, quality, spatial needs); set procurement, programme and PEP; align budget; Stage 1 report. Stage 2: concept and outline proposals aligned to cost plan and strategies; cost advice; compliance route and pre‑application planning; Stage 2 report. Stage 3: spatial co‑ordination; planning applications/consents, revisions and conditions; select materials/methods; value engineering; tender support; Stage 3 report. Stage 4: technical design, specifications and packages; building regulations submissions; ERs, Construction Phase Plan; Stage...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) ], registered office at [ address ] ( Landlord ) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) ], registered office at [ address ] ( Tenant ) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) ], registered office at [ address ] ( Guarantor ) ] [ name of Undertenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) ], registered office at [ address ] ( Undertenant ) [ [ name of Undertenant’s Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) ], registered office at [ address ] ( Undertenant’s Guarantor ) ] 1 Definitions...