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As a general principle, an on-notice application must be served on every respondent as soon as reasonably practicable after filing, and in any case not fewer than three clear days before the date fixed for the court to hear it, unless a different period is then set by a rule, a practice direction, or a court order (CPR 23.7(1)). For further guidance, see Practice Note: Filing and serving applications...
Banking & Finance—November 2025 case round-up Westfield Park Ltd v Harworth Estates Investments Ltd [2025] EWCA Civ 1374 Interpretation of contract—deferred consideration clause The Court of Appeal upheld Westfield Park Ltd’s appeal against HHJ Klein’s ruling on the correct construction of an agreement dated 14 October 2021 (the ‘Agreement’) for the sale and purchase of York Holiday Park Development. The key question was whether the judge at first instance had properly read a deferred consideration provision in Schedule 4 as triggering an additional payment from Westfield to Harworth Estates Investments Ltd when the Coal Authority confirmed that static caravans could be located within a ‘Zone of Influence’ surrounding two mineshafts. The appellate court criticised the departure from the contractual wording in favour of a purposive construction of the relevant terms. It held that the judge failed to begin with the objective, natural meaning of the Agreement and did not correctly apply the established principles of contractual interpretation reaffirmed in Arnold v Britton and Wood v Capita Insurance...
In this issue: Planning appeals When planning permission is needed Planning issues in energy projects Housing Highways and rights of way Buildings and Building Regulations Daily and weekly news alerts New and updated content Latest Q&A Related Documents Planning appeals PINS confirms planning and enforcement appeal deadlines for the 2024 festive period The Planning Inspectorate (PINS) has set submission cut-offs for planning and enforcement appeals in England over Christmas and New Year 2024. Parties should meet the standard dates for filing documents in the weeks beginning 23 and 30 December 2024. Where a deadline lands on a bank holiday, filings must be made before that day. Although case officers may assess extension requests individually, no deadline will run past 10 January 2025. For enforcement matters, PINS has no power to prolong the period for lodging an appeal beyond the effective date stated on the enforcement notice. However, to reflect the holiday break,...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts E-commerce International Sale and supply of goods LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Advertising, marketing and sponsorship ASA rulings—2 July 2025 The Advertising Standards Authority (ASA) received one complaint about a radio advert for Cadbury Delights stating ‘only 91 calories’. The ASA upheld the complaint, deciding the wording fell foul of the rules on nutrition and comparative nutrition claims. See: LNB News 02/07/2025 36. ASA rulings—2 July 2025 Two complaints were made to the ASA about Wowcher Ltd: one over a misleading savings claim for a hair product, and another over the unfair running of a ‘Mystery Holiday’ promotion. The ASA upheld both. See: LNB News 02/07/2025 53. DCMS research finds online prize draws need stronger consumer safeguards The Department for Culture, Media...
This Practice Note Sets out answers to common questions on how the right to paid annual leave interacts with maternity leave and with other categories of family leave, namely: adoption leave parental leave shared parental leave paternity leave neonatal care leave parental bereavement leave bereaved partner’s paternity leave This Practice Note provides: concise responses to the FAQs, and links to more in-depth guidance within our core materials on paid holiday entitlement, including the following Practice Notes: Statutory paid holiday—the right Statutory paid holiday—calculating holiday pay Statutory paid holiday—carry-over Statutory paid holiday—payment on termination Statutory paid holiday—enforcement and claims Paid holiday—contractual issues The FAQs consider the position of: all workers for holiday years beginning on or before 31 March 2024 workers, other than irregular hours or part-year workers (as defined by WTR 1998, SI 1998/1833, reg 15F),...
What does this Practice Note cover? This Practice Note sets out what weather derivatives are, their aims and uses, and the regulatory framework that applies to them. For guidance on sustainability and environmental, social and governance (ESG) derivatives more generally, see Practice Note: ESG derivatives. It also covers typical purposes, applications, and the rules shaping use too. What are weather derivatives? The weather risk market exists to help participants manage the negative financial effects of weather via risk transfer contracts linked to meteorological variables (chiefly temperature, rain, snow, wind and sunshine). Approaches to weather-driven financial exposure usually fall into two main categories: catastrophe insurance or weather derivatives. Catastrophe insurance suits infrequent risks with potentially large consequences, such as extreme drought or flooding, whereas weather derivatives are better aligned to high frequency/low impact situations, for example an unseasonably cool August or a particularly wet May Bank Holiday. A key benefit of standardised weather derivatives for lower impact events is that payment is triggered automatically once the index moves...
Paid holiday benefits both employers and workers by allowing workers a period of relaxation and recuperation. Paid annual leave rights may arise from statute (ie through legislation) or from contract (ie via terms in the employment contract). This Practice Note addresses the position of: all workers for leave years starting on or before 31 March 2024 workers other than irregular hours and part‑year workers for leave years starting on or after 1 April 2024 It does not cover irregular hours and part‑year workers (as defined in WTR 1998, SI 1998/1833, reg 15F), for whom distinct rules apply for holiday years commencing on or after 1 April 2024, including in relation to: how holiday pay is calculated, and the ability to use rolled‑up holiday pay The position of those workers is set out in our separate Practice Note: Statutory paid holiday—irregular hours workers and part‑year workers. This Practice Note examines the statutory right of workers in...
1 Definitions and interpretation 1.1 Within this Agreement: Affiliate – refers to any entity that, whether directly or indirectly, Controls, is Controlled by, or is under shared Control with, another entity; Business Day – means any day other than a Saturday, Sunday, or a bank or public holiday in Scotland; Control – signifies [ the beneficial ownership of more than 50% of a company’s issued share capital, or the lawful power to direct, or to cause the direction of, the company’s management OR has the meaning assigned in the Corporation Tax Act 2010, s 1124 ], and Controls and Controlled shall be construed accordingly; Dispute Notice – has the meaning set out in clause 2.2; Force Majeure – has the meaning set out in clause 6.1...
Definitions 1.1 Within this Schedule, the following terms apply: Business Day • refers to any day that is not, and shall not be, a Saturday, a Sunday, nor a public or bank holiday in England; Change Control Procedure • denotes the procedure set out in clause [insert] (Change Control); [ Critical Service Level Failure • means [define as appropriate]; ] Month • signifies a calendar month; Service Credits • are the credits payable to the Customer when the Service Levels are not met or satisfied, as described in paragraph 3 and the Annex; and Service Levels • indicates the service levels detailed and defined in the Annex. 2 Service levels 2.1 The Supplier will deliver the Services in a manner that meets or surpasses the Service Levels stated in this Schedule. 2.2 The parties may add to, remove, or amend the Service Levels at any point during the Term, following the [Change Control Procedure]. For clarity,...
Date [ date ] Parties [ name of Licensor ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Licensor) [ name of Licensee ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Licensee) 1 Definitions In this Licence, the following meanings apply to these terms: [ Building • the Licensor’s premises called [ description ] [ recorded at HM Land Registry under title number [ number ] ] ; ] Business Day • any day [ except [ identify excepted days, eg ‘Sunday’ or ‘any bank or public holiday’ ] ] when the [ Building OR Centre ] is open for trade; [ Centre • the Licensor’s shopping [ centre OR precinct ] known as [ name ] [ recorded at HM Land Registry under...
Common law rules of service At common law, methods of service govern notices given under section 21 of the Housing Act 1988 (HA 1988) to recover possession of an assured shorthold tenancy. However, any contractual service terms in the tenancy agreement can override them, so the agreement needs careful review...
The answer turns on: what the contract of employment says about bank or public holidays whether any right is contractual rather than statutory, and whether the contract bars payment in lieu of contractual leave on termination Whether there is a right to bank or public holidays Under the Working Time Regulations 1998 (SI 1998/1833), workers get 5.6 weeks’ paid leave a year: four weeks plus 1.6 weeks. There is no statutory right to paid time off on public or bank holidays; this depends on the contract’s express or implied terms (Campbell & Smith v Greenwood). If an employer specifies “X days plus bank and public holidays”, that creates a contractual right, including any extra bank holidays announced that year. Effect of sickness absence If bank holidays fall within the 5.6‑week statutory pot, any that coincide with sickness accrue and can be taken later. If bank holidays are given in addition to the 5.6 weeks, any day in lieu for a...