Checklist documents meaning

Checklist This Checklist is chiefly intended primarily for customers (licencees). It provides an overview of the key terms commonly and usually found in a supplier agreement to licence ‘on‑premise’ software installed on the customer’s own infrastructure. For issues related to the licensing and deployment of software as a service (SaaS), see Practice Note: Cloud computing—introduction and Precedent: Software as a service (SaaS) agreement—pro-customer, accordingly. For further reading and template documents relating to this Checklist, see the following: Practice Note: Key issues in software licence agreements Practice Note: Warranties and indemnities in software licence agreements Precedent: Software licence—pro-customer Precedent: Software licence—pro-supplier Negotiation guide—IT contracts Further information Notes (if any) Grant and scope of licence Is the software described clearly and adequately? The customer should be clear about what it is contracting for. There may also be warranties from the supplier that the software will perform as described. Who is permitted to use the software?...

The employer and its advisers ought to reflect on the following matters: Preparatory steps From the employer, gather: a copy of the departing employee’s latest employment contract and any other documents setting out contractual terms (note: these might sit within a staff handbook) particulars of the employee’s contractual benefits pertinent details about the employee’s pension entitlements information on any shares/share options held by the employee; review the Articles of Association, any relevant shareholder agreement, and share scheme documentation. See also Shares and share options below Status of negotiations Will discussions occur directly between the parties, or via their respective legal advisers? How robust is the employer’s bargaining position? How credible are the employee’s existing or potential claims? For any dismissal, is there a fair reason and has a fair procedure been followed? Is the employer in repudiatory breach? What is the employer initially...

Checklist This Checklist summarises the issues an employer should evaluate when shaping a career break and/or sabbatical policy, and when setting the arrangements to support such leave. The expressions ‘career break’ and ‘sabbatical’ carry no fixed legal definition, and the title used for the break does not dictate its legal character. In practice: ‘Career break’ commonly denotes a longer spell of unpaid absence during which the employment contract may remain in place, though more frequently it does not; and ‘Sabbatical’ typically refers to a shorter period of leave, usually unpaid but potentially paid or partly paid, during which the contract does continue. For detailed information on career breaks and sabbaticals generally, see Practice Note Career breaks and sabbaticals...

This Checklist is applicable when acting for the mortgagee in relation to the taking of a ship mortgage and where the security will be registered in the UK. Request a Transcript of Registry from the UK Ship Register to confirm the vessel’s security status. A charge applies for this and for several other documents noted below; the complete schedule can be found on the UK Ship Register website, and a full list is available there. The mortgagee should verify that the owner holds clear, unencumbered legal title to the ship and that their ownership has been correctly recorded, and confirm that it has been properly registered. Perform a Register of Companies search to confirm the owner’s incorporation in England and Wales. Ascertain whether any mortgages or charges concerning the ship are filed against the owner pursuant to Section 859A of the Companies Act 2006 (CA 2006), and confirm registrations relate to the ship...

This Checklist is applicable for the sale and purchase of a vessel by a company when acting for a corporate buyer and where the ship will be registered in the UK When representing the buyer, the priority is to confirm that the seller’s papers are adequate to deliver good title, secure the vessel’s permanent registration in the UK, and demonstrate that both parties possess the requisite power and authority to conclude the transaction... Request a Transcript of Registry from the UK Ship Register to verify the current registered owner and identify the existing security position affecting the vessel. A fee is payable for this (and several of the other documents noted below), with a full schedule available on the UK Ship Register website. Make the request promptly on receipt of instructions and repeat the search on the closing date... Confirm that any class inspection or other survey specified in the sale contract has been conducted and that the results are satisfactory...

In this issue: Planning policy Biodiversity LexTalk®Planning: a Lexis®Nexis community Daily and weekly news alerts New and updated content Related Documents Planning policy MHCLG launches consultation on proposed reforms to NPPF The Ministry of Housing, Communities and Local Government (MHCLG) has opened a consultation on proposed changes to the National Planning Policy Framework (NPPF). MHCLG is also inviting input on a broader suite of policy proposals concerning criteria for intervention in local plans, uplifts to planning fees, and suitable thresholds for specified nationally significant infrastructure projects. The consultation runs until 24 September 2024. See News Analysis: Government consults on changes to national planning policy. MHCLG publishes new towns policy statement and sets up taskforce MHCLG has issued a policy statement outlining the government’s ambition for a fresh generation of new towns. To deliver and underpin the new towns programme, the government has created a new independent new towns taskforce. Sir Michael Lyons has been...

In this issue: Patents Confidential Information Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Patents WIPO Member States adopt IP, genetic resources and associated traditional knowledge Treaty WIPO Member States have adopted a Treaty on IP, genetic resources and associated traditional knowledge, signalling the resilience of multilateralism within the IP arena. Under this Treaty, patent applicants must state the country of origin or the source of the genetic resources where a claimed invention in a patent application draws on such resources, and it also establishes a mandatory disclosure obligation for patents based on genetic resources and/or associated traditional knowledge. See: LNB News 29/05/2024 40...

In this issue: Flood risk and planning Compulsory purchase Planning policy Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Related Documents Flood risk and planning Flood risk PPG update confirms flood risk assessments can remove need for Sequential Test in surface water cases The government has revised the Planning Practice Guidance (PPG) on flood risk and coastal change. The update explains how the Sequential Test should be undertaken, setting out a new definition of a ‘reasonably available’ site, advice on defining the ‘area of search’, and confirming that robust, site‑specific flood risk assessments can dispense with the Sequential Test for surface water situations. This enables developers to adopt a proportionate, evidence‑led strategy, especially where surface water flooding is the primary concern. In some instances, a strong site‑specific flood risk assessment can remove the Sequential Test entirely, lightening procedural demands and lowering the likelihood of refusal purely on sequential grounds. See...

This Practice Note This Practice Note examines how case management is conducted in the Technology and Construction Court (TCC), by reference to the provisions of CPR 60, CPR PD 60, and the Technology and Construction Court Guide. As these materials supplement the general provisions found elsewhere in the CPR, it should be read together with wider guidance on case management, in particular: the court’s array of case management powers under CPR 3, and case management more generally—see Practice Note: Case management of civil claims under the CPR, and Case management—checklist multi-track case management—see Practice Notes: Multi-track—case management, and Multi-track—case management conference (CMC) the significance and importance of complying with rules, practice directions and court orders, together with practical pointers to assist—see Practice Note: Case management—compliance As the TCC forms part of the Business and Property Courts, also consult Practice Note: Business and Property Courts, which provides guidance on the procedure to be followed when issuing and managing claims in the Business...

This Practice Note highlights the principal points to weigh up when acting for an outgoing tenant and advising on the assignment of a rack rent (occupational) commercial lease. See also Practice Note: Transferring commercial property—a practical guide, together with the Assignment of a rack rent lease (assignor)—checklist. Is the landlord’s consent required to the assignment? Carry out the following checks in sequence, in particular: Carefully scrutinise the lease terms, together with any deeds of variation and, where necessary, any other supplemental documents. If the lease is registered and contains HM Land Registry prescribed clauses, the register will confirm whether or not the lease includes provisions that restrict or prohibit dispositions, as shown by clause LR8 of the lease. Consider whether a restriction has been entered on the title expressly barring assignment without the landlord’s consent. Where relevant, review any superior lease carefully to establish if assignment is constrained—for example, a prohibition on assigning an underlease without consent...

Key steps for compliance with Construction Pre-Action Protocol—checklist This Practice Note reviews the obligations under the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) that parties must satisfy before commencing proceedings in construction or engineering disputes, including professional negligence claims against architects, engineers and quantity surveyors. It sets out the required documents and meeting, offers guidance and practical points for each stage, and addresses other aspects of the Protocol such as objections to jurisdiction, the use of expert evidence, and the scope to extend time for compliance. Issue a letter of claim Provide a letter of response Serve any reply to a counterclaim Attend a without prejudice meeting A concise overview of the essential actions is provided in: Key steps for compliance with Construction Pre-Action Protocol—checklist. Parties need not follow the Protocol if they agree otherwise, or where a permitted exception applies—see Practice Note: Construction Pre-Action Protocol—application, exclusions and objectives—Exceptions to the Protocol. Further information...

[ insert name and address of client ] Private and confidential Dear [ insert name ] Military reservists Following your recent engagement of [ [ insert name ], who I understand is ] a member of the reserve forces, I am writing, as requested, to outline the respective rights, duties and responsibilities of both the Company and the reservist. I also attach the following documents, which you may find helpful: a sample Mobilisation letter to provide to the reservist if and when they are called up for military service, which outlines the employment arrangements that will apply before and during their period of mobilisation, and immediately upon their return; a Manager’s Checklist detailing action points for the Company; and a Reservist’s Checklist detailing action points for the reservist...

A. Documents for main applicant Evidence of the sponsor parent(s)' income and funds: Examples of suitable evidence are set out below. While a six-month span is not mandated by the Immigration Rules, it is recommended as a reasonable timeframe for demonstrating income and savings. Payslips for the previous six months (for employed persons). And/or proof of business or self-employment income for at least the last six months, such as: (a) Letter from a registered accountant for the business confirming the sponsor parent(s)’ income during that period. (b) Invoices. (c) Business accounts. Personal bank or building society statements or passbooks covering the past six months. Any accountant providing a supporting letter must be registered with an appropriate professional regulatory body. Bank or building society statements should show what has been paid in and out of the accounts for the past six months...

Proforma checklist of documents for execution at signing and completion meetings in loan transactions This proforma checklist can be used by the lender’s solicitors to monitor, oversee and record the execution of documents at signing and completion meetings, or to be signed and circulated in escrow for closing virtually. It can be adapted for use with the relevant facility agreement. Signing is the point at which the parties execute the agreed versions of the finance documents and the deal becomes binding (albeit, in most cases, subject to certain conditions precedent being satisfied). Completion is the point at which money moves between the parties and the transaction is completed. Often, there is a gap between signing and completion which allows the parties to commit to the deal on signing but leave themselves a short period to satisfy the conditions attaching to funding. In other cases, signing and completion take place on the same day, in which case, all the conditions precedent to funding will need to be satisfied before...