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Quick reference checklist This quick-reference checklist helps you calculate whether a proposed salary for an employee to be sponsored under the Skilled Worker route meets the relevant pay thresholds for eligibility (the general threshold and the going rate). Specifically, it sets out the formulae needed for the required pro-rating calculations when assessing an offer. There are three steps to establishing eligibility: Step 1 — determine the applicable general salary threshold and the going rate. This aspect is not covered here. For guidance, see the tables in Practice Note: Skilled Worker—salary and skill level eligibility tables. Step 2 — gather the relevant information to feed into the calculations. Step 3 — carry out the necessary calculations to verify eligibility. An example is used throughout: an Aerospace engineer (SOC 2020 occupation code 2126), who has not previously been sponsored under this route, would be paid an annual salary of £60,000, and would work a cycle of 52 hours per week for three...
How are section 278 and section 38 agreements revealed? Check the outcome of the local search and the seller’s replies to enquiries. A section 278 agreement will only be registrable as local land charges if: it has been entered into pursuant to an obligation in a s 106 agreement; or the highway authority (HA) has declared that there has been a financial default under the agreement. Section 278 agreements Section 278 agreements are used where a developer requires off-site work (other than simple access) to be carried out to a highway. The HA may design and construct the highway works at the developer’s expense. Alternatively, the agreement can appoint the developer as the HA’s agent to undertake the works, in which case a bond must support the agreement. If the developer carries out the works, a certificate of practical completion is issued once the HA engineer is satisfied that the works are complete. Following successful completion of a 12-month maintenance period,...
The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) Is directly applicable and fully enforceable across EU and EEA states. This Flowchart centres on personal data breach notification under the EU GDPR...
Introduction This Practice Note outlines the process for Variations under the 1999 FIDIC Red, Yellow and Silver Books where a Variation is directed by the Engineer or Employer, where the Engineer or Employer seeks a proposal for a Variation, or where the Contractor initiates a change through value engineering. For further information on Variations under the 1999 forms, see Practice Note: FIDIC contracts (pre‑2017 editions)—variations. Variations are principally addressed in clauses 13.1 to 13.3, which define the entitlement to vary the Works and the steps to be taken to implement those changes...
This flowchart sets out the process under the FIDIC Red, Yellow and Silver Books, 2017 editions, for defects under: clause 7.5, when any Plant, Materials, design or workmanship is defective or otherwise not in accordance with the Contract, the Employer rejects the affected item and the Engineer (or, under the Silver Book, the Employer) instructs remedial works clause 7.6, where the Employer directs the Contractor to remove and replace non-compliant Plant or Materials, remove and re-execute other non-conforming work, or undertake urgent tasks required for the safety of the Works clause 11.1, under which the Contractor must carry out all work needed to rectify defects or damage, as notified by the Employer on or before the expiry of the Defects Notification Period clause 12.3, if a Test after Completion is not passed, with clause 11.1(b) on remedying defects applying (Yellow and Silver Books only) For more information, see Practice Note: FIDIC Contracts 2017—defects...
The legend of Thermopylae, retold across films, books and podcasts, and still taught in history lessons worldwide, spotlights the feat of 300 Spartan fighters, who managed to resist thousands of Persians by sealing a narrow pass the invading army had to traverse. In arbitration, even when you act for a sophisticated business or a high net worth individual, your opponent may at times command a larger war chest. Just as the Spartans used terrain to their benefit, there are measures available both before and after proceedings begin to neutralise pressure or delay that a well-financed adversary might seek to engineer in the arbitration. This article distils strategies and procedures that anyone anticipating a dispute with a better-resourced party should bear in mind. Crafting the Arbitration Clause If the arbitration provision has yet to be drafted, the first way to counter superior resources is to frame an arbitration clause that compels a swift resolution of the dispute. Like the famously tight corridor at Thermopylae, an arbitration clause that...
In this issue: Transferring property Commercial real estate finance Statutory compliance Property development Easements, rights and covenants Residential property Insurance Property taxes Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q&As Transferring property HMLR announces plans to share data on avoidable requisitions with customers HM Land Registry intends to provide firms with visibility of the proportion of their applications that include simple-to-avoid requisitions, such as mismatched names, missing documents, and witness information. These insights are scheduled for publication in Autumn 2025. Across firms, current levels vary, with between 0% and 24% of applications affected. In tandem, HMLR is refining its processes and systems to better support users: raising requisitions only where necessary and automatically validating certain details at the drafting stage. The goal is to achieve accurate registrations first time, without the need for extra clarification or additional supporting material. See: LNB...
Uniform Building Contractors Ltd v The Water and Sewerage Authority of Trinidad and Tobago [2026] UKPC 2 What was the background? The Privy Council appeal arose from a 2007 design-and-build, lump sum contract governed by the 1999 FIDIC Yellow Book, concluded between the Water and Sewerage Authority of Trinidad and Tobago (WASA) and Uniform Building Contractors Ltd (UBC) for the design, supply and installation of pipelines. The works were structured as two discrete packages, each on a lump-sum basis. Executed on 23 May 2007, the agreement incorporated the Yellow Book, bespoke Conditions of Particular Application, the Employer’s Requirements, together with a Bill of Quantities (BoQ). Mr Barry Paul was appointed as the Engineer under the contract. During execution, disputes between the parties arose over performance. WASA served termination notices dated 28 May and 4 June 2009. UBC commenced proceedings in May 2013, shortly before the limitation period expired, and WASA advanced a counterclaim. At first instance, the court dismissed both UBC’s claim and WASA’s counterclaim in full. WASA...
MF/2 MF/2 sits within the IET and Institution of Mechanical Engineers’ suite of Model Forms. It is intended for domestic (UK) or international agreements dealing solely with the supply of electrical, electronic or mechanical plant, and its full name is MF/2 Model Form of General Conditions of Contract for use in connection with home or overseas contracts for the supply of electrical, electronic or mechanical plant. The core terms have remained unchanged since 1999, save for amendment slips addressing the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999) and proposals to align it with MF/1 revision 5. Depending on the contractor’s scope and site characteristics, MF/2 can amount to a contract for ‘construction operations’ and fall within the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). It contains no adjudication provision and its payment terms do not satisfy those statutory controls—such provisions would need to be added by adapting comparable wording from MF/1. See Practice Notes: What is a construction contract under the HGCRA 1996? ...
This Practice Note explores ground conditions within construction and engineering schemes. It addresses who bears responsibility at common law and highlights contractual mechanisms that can be included in building contracts to manage situations where the contractor meets adverse ground conditions, setting out how that risk is shared between contractor and employer. It also summarises how the JCT, NEC and FIDIC standard forms approach allocation of ground condition risk... What are ‘ground conditions’? ‘Ground conditions’ typically describes the site’s geology, hydrology, soil characteristics and any contamination present. Such conditions may arise naturally, be the result of human activity, or a mixture of both. Artificial or man-made conditions or obstructions can include: Antiquities Landfill Asbestos Disused or existing sewers Unexploded ordnance The phrase does not normally cover short-lived surface features like litter or leaves, nor climatic factors. While ‘ground conditions’ is a common expression in construction contracts, related terms are frequently used as well, such as ‘site conditions’ and ‘physical...
This Practice Note sets out a comparison of headline aspects of the FIDIC 2017 and NEC4 suites, highlighting similarities and distinctions across their principal features. It specifically concentrates on the NEC4 Engineering and Construction Contract (ECC) and the FIDIC Red Book 2017 (Red Book), used primarily where the Contractor constructs to the Employer’s design in practice (although, where the scope includes any Contractor design, the Red Book accommodates this). For commentary on the 1999 edition of the FIDIC Red Book, see Practice Note: FIDIC 1999 and NEC4 contracts compared. Overall philosophy FIDIC FIDIC contracts are the leading international standard-form construction agreements. They are often described as ‘written by engineers, for engineers’. The suite is also recognised for balanced risk distribution, with liabilities generally allocated to the party best able to manage them (the EPC/Turnkey variant, widely referred to as the Silver Book, is something of an exception). As one would expect from documents devised by engineers, the Engineer has a central function in a number of the...
[ NAME OF PROJECT ]: REFERENCE OF A DISPUTE TO THE DAAB UNDER CLAUSE 21.4 DAAB Reference No. DAAB Reference No. [ Number of reference ] | [ Date ] Referring Party [ Name of Party 1 ] [ Address ] [ Telephone/Fax No. ] [ Email address ] [ ON THE HEADED NOTEPAPER OF THE REFERRING PARTY ] Responding Party [ Name of Party 2 ] [ Address ] [ Telephone/Fax No. ] [ Email address ] The DAAB [ Name of DAAB Chairperson ] — [ Address ] — [ Telephone/Fax No. ] — [ Email address ] [ Name of DAAB Member 2 ] — [ Address ] — [ Telephone/Fax No. ] — [ Email address ] [ Name of DAAB Member 3 ] — [ Address ] — [ Telephone/Fax No. ] — [ Email address ] ...
DATE [ date ] Parties [ name of Authority ] of [ address ] (Authority) [ name of Licensee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Licensee) 1 Definitions In this Licence, the terms below have the following meanings: [ Approval • [ the Planning Permission and ] any [ other ] consent, licence, permission or approval (other than this Licence) required for the Licensee to undertake the Works; ] Building • the Licensee’s building [ described as [ details ] OR proposed to be constructed at [ address ] ] [ as depicted [ edged OR coloured OR hatched ] [ colour ] on the [ Plan[ s ] OR Drawing[ s ] ] ] [ and recorded at HM Land Registry under title number [ title number ] ] ; [ Drawing[ s ] • the...
Insert in para 8.2 of claim form ET1: The Claimant worked for the Respondent as a [ insert job title, eg 'service engineer' ] from [ insert start date of employment ] until [ his OR her OR their ] dismissal on [ insert date ]. The Respondent is [ insert brief description of the nature of the Respondent, eg an internet service provider ]. The Contract of Employment The Claimant’s contract of employment provided a notice period of [ insert details, eg three months ]. Where the contract refers to rules or procedures the Claimant alleges were not followed, it is advisable to outline these. Forms of behaviour that may lead to dismissal are usually set out in disciplinary rules or procedures rather than the contract itself; however, if it is alleged the Respondent failed to comply with particular terms, these should be identified. [ Insert details of any other relevant contractual terms, eg clauses referring to disciplinary rules...
In such situations, if a tenant declines to grant the landlord entry to examine the premises, this amounts to a breach of the lease terms, as the lease contains a provision giving the landlord the right to enter the property for inspection, following a stated period of notice thereafter...