Compensation event meaning

This flowchart illustrates the process of making a proposed instruction claim under the NEC4 Engineering and Construction Contract It may give the Contractor grounds for extra time to finish the works and/or further payment, where relevant. For a chart clearly setting out the procedure for general compensation events, see Compensation event claims under the NEC4 Engineering and Construction Contract—flowchart. For broader guidance on the NEC compensation framework, refer to Practice Note: NEC contracts—compensation event regime, and for the NEC3 compensation process consult Compensation event claims in the NEC3 Engineering and Construction Contract—flowchart...

This flow diagram outlines the steps for submitting a compensation event claim seeking extra time to finish the works and/or extra payment under the NEC3 Engineering and Construction Contract...

Section 106 planning obligation flowchart This flowchart explains the process for drafting and finalising a section 106 planning obligation. It sets out the duties of the developer and the local planning authority, and the schedule associated with the granting of planning permission. (PDF version)...

How has the exemption available for controllers under the GDPR in relation to liability to compensate data subjects changed? Under the earlier Data Protection Directive 95/46/EC (Article 23(2)), where a person was entitled to damages from a controller due to unlawful processing, the controller could rely on a potential exemption if it was not responsible for the event that caused the loss. Recital 55 offered two illustrations of situations for which the controller would not bear responsibility: a mistake by the data subject, and a case of force majeure The language of these provisions lacked clarity, and the concept of ‘force majeure’ has no consistent definition across EU legal systems (it does not even carry a settled meaning in English law, depending heavily on contractual wording). Unsurprisingly, this carve-out, and the reference to force majeure, was therefore loosely carried across into national implementing legislation. For example, the Data Protection Act 1998 (DPA 1998) gave a controller a defence in claims for compensation...

In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Accountability, culture and social governance Prudential requirements Operational resilience Financial crime and sanctions Complaints, compensation and claims management Investigations, enforcement and discipline Regulation of capital markets Regulation of derivatives Banks and mutuals Investment funds and asset management MiFID II Regulation of insurance Payment services and systems Fintech and cryptoassets Financial Services Enforcement Database Daily and weekly news alerts Intraday news alerts New and updated content Dates for your diary UK, EU and international regulators and bodies ESAs highlight role of behavioural insights in supervisory and policy work The three European Supervisory Authorities — the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA) — have issued a joint report arising from their February 2024 workshop on integrating...

In this issue: Costs Clinical negligence Coroner's inquests Daily and weekly news alerts Costs In Worcester v Hopley, the King’s Bench Division issued targeted costs directions within a clinical negligence claim arising from the defendant’s care of the claimant’s mental health. A case management conference had taken place, leaving costs management to be addressed later. At the subsequent budgeting hearing, the claimant’s anticipated expenditure was markedly reduced. The claimant contended that costs should follow the event, asserting they were the ‘successful party’ since the approved figure exceeded the defendant’s offer, and seeking an order to that effect by the court...

The development of the law Alcock v Chief Constable of South Yorkshire Police has traditionally stood as the principal authority on secondary victim claims. Subsequent jurisprudence after Alcock evolved in a piecemeal way, with decisions that were sometimes inconsistent. The Supreme Court's ruling in Paul v Royal Wolverhampton NHS Trust has introduced several revisions and offered much-needed certainty for practitioners. Grasping the landscape both before and after Paul matters because the underlying principles have been refined and clarified, though not every element has altered. Accordingly, this Practice Note is arranged into pre-Paul and post-Paul parts. The amendments attributable to Paul are clearly signposted within this Practice Note. For deeper commentary on the judgment, consult News Analysis: Landmark Supreme Court decision on secondary victims (Paul v Royal Wolverhampton NHS Trust). It must be appreciated that claims by secondary victims form an exception to the general rule that, at common law, one individual has no legal entitlement to compensation concerning the physical integrity or condition of another. As with any exception,...

This Practice Note addresses the NHS complaints process, the governing legislation, local resolution and Ombudsman-led independent review, matters relating to private patients, and the Care Quality Commission. The NHS complaints procedure Often, what patients want most is a clear explanation of any failings, a sincere apology, and a commitment that similar errors will not recur, which can outweigh a desire for compensation. Grievances may involve misdiagnosis, poor communication by clinicians, delays, inaccurate or misleading advice, and numerous other examples of substandard care or absence of treatment. The NHS complaints route should be the initial step. Without good reason, failure to use it first may result in Legal Aid or Before the Event (BTE) funding being refused. The scheme applies to concerns about services delivered by, or paid for by, NHS organisations or primary care practitioners—namely hospitals, GPs, dentists, opticians and pharmacists. There are two stages to the process: local resolution independent review If financial compensation is required,...

This Practice Note explores the Compensation Event and Relief Event frameworks in the Project Agreement for a PFI or PF2 scheme. It examines the key features of each framework and the differences between them under PFI and PF2 (also occasionally called PFII). In the 2018 Budget, presented on 29 October 2018, the government confirmed that PF2 would no longer be used on new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nevertheless, existing PFI and PF2 projects will continue to operate and, given the typical lifespan of such arrangements, are likely to remain in place for many years to come. Context Compensation Events and Relief Events are categories of 'supervening events'; circumstances in which some contractual relief is appropriate and justified. The objective is to manage the allocation of risks between the parties arising from unintended occurrences that negatively affect the Contractor's capacity to perform its obligations under the Project Agreement as specified (or, by extension, the ability of its sub-contractors to perform...

Insert the following as new definitions (if not already included) in the definitions and interpretation clause of the share purchase agreement: 1 Definitions and interpretation Fairly Disclosed • means information [ fully, fairly and accurately ] disclosed [ (relating specifically to the subject matter of the Warranty and without omitting any fact which may render the Warranty and the matter disclosed untrue, inaccurate and misleading) ] and presented with sufficient clarity and detail to allow a buyer to reach a clear, informed and accurate evaluation of the relevant facts, matters or circumstances concerned; Losses • means any and all liabilities, costs, outgoings (including legal expenses), claims, actions, proceedings, damages, fines, penalties, loss of profit [ and Consequential Loss ]; Tax Warranties • denotes the warranties [ and representations ] contained in paragraph [ insert number ] of Schedule [ insert number ], and Tax Warranty refers to any one of them; Warranties • signifies the warranties [ and representations ] included in Schedule [...

Add the following as additional definitions (where not already present) within the definitions and interpretation clause of the share purchase agreement: 1 Definitions and interpretation Fairly Disclosed means [ fully, fairly and accurately ] disclosed [ (relating specifically to the subject matter of the Warranty and without omitting any fact which may render the Warranty and the matter disclosed untrue, inaccurate and misleading) ] in such a way, and with such detail, as to enable a buyer to make a clear, informed and accurate assessment of the relevant facts, matters or circumstances; Warranties means the warranties [ and representations ] set out in Schedule [ insert number ] and Warranty means any one of them; Warranty Claim means a claim (for damages, compensation or any other relief) by the Buyer under any Warranty in respect of any event, matter or circumstance that is inconsistent with, contrary to, or involves, relates to or otherwise constitutes a breach of any of the Warranties, and Warranty Claims...

1 Definitions Parties: Landlord, Tenant and, if applicable, Guarantor, each identified by name, address and company details, as at the date stated. Key terms include Actual Completion Date, Completion Date, Completion Money, Lease (Appendix 1), Legislation, Plans (Appendix 2), Property, Standard Conditions (Third Edition—2018 Revision), Tenant’s Works, Termination Event and VAT. 2 Interpretation Part 1 Conditions apply where relevant to a lease grant, as adjusted by this Agreement; seller/buyer read as Landlord/Tenant; notices must be written. 3 Agreement for lease The Landlord will grant, and the Tenant will take, the Lease on these terms; no estate passes until completion and no deposit is payable. 8 Completion Completion occurs on the Completion Date; documents are executed and exchanged; Completion Money is paid by cleared electronic transfer; default interest and reasonable costs apply if the Tenant delays; rents and charges are apportioned as specified. 10 Termination ...