Forthwith meaning

A quick guide to the Employer’s power to instruct under the JCT Design & Build Contract The Employer’s authority to issue instructions is frequently assumed, and routinely treated as a given within the contract framework, rather than examined closely on each project. This note outlines the Employer’s entitlement to instruct and explains the constraints, including those relating to changes after practical completion. Citations are to the JCT Design and Build Contract (2016) (JCT D&B Contract), arguably the most commonly used JCT form; in light of the 2024 suite, clause references for DB 2024 are also provided where they differ. Where does the power to instruct come from? Clauses 2.1.4 and 3.5 oblige Contractors to act on every valid Employer’s instruction ‘forthwith’, meaning as soon as is reasonably practicable and without delay. What is the scope of the Employer’s power to instruct? The Employer’s instruction power extends only to matters for which the conditions grant express authority. The table below identifies the express provisions of the...

In this issue: Judicial review Equality and human rights Public procurement Subsidy control and State aid Information law Brexit SI Post-Brexit transition guidance Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Judicial review Administrative Court finds detention unlawful, orders accommodation to secure claimant's release—R (BRO) v Home Secretary In R (BRO) v Secretary of State for the Home Department [2025] EWHC 2231 (Admin), the Administrative Court carefully considered the claimant’s application for interim relief compelling the Secretary of State to release him forthwith from immigration detention and secure suitable accommodation for him under section 95 of the Immigration and Asylum Act 1999. Permission for judicial review was granted on four of the five pleaded grounds, while a bid to amend and add a sixth ground was refused. The court also made an interim order directing the defendant to arrange section 95 accommodation in...

What is a disclosure order? In broad terms, a disclosure order is a directive permitting a formal demand for information, and the recipient is under a duty to comply. Non-compliance is typically enforceable by penal sanctions, reflecting the seriousness of the obligation imposed. The making of such orders, specifically for investigations concerned with the proceeds of crime, is governed by section 357 of the Proceeds of Crime Act 2002 (POCA 2002). Under this section, the court may grant a disclosure order which, in turn, empowers an ‘appropriate officer’ to serve a written notice (an information notice) on any individual believed to hold material relevant to the inquiry, obliging that person to: either answer questions at a specified time or immediately, at a place identified in the notice supply the information set out in the notice, by the stated time and in the stated manner produce documents, or categories of documents, named in the notice, either at or by the specified time or forthwith, and...

This Practice Note outlines the process for plea before venue and allocation where an either-way offence is not sent straight to the Crown Court for trial... Procedure for either-way offences not sent forthwith to the Crown Court for trial: plea before venue and allocation If the court determines that trial should take place in the Crown Court, the case must be sent there forthwith. In all other cases—save where the offence is indictable only, or an either-way matter falling within the specific circumstances described in the Practice Note: Allocation and Sending for Trial—Sending of Cases Forthwith to the Crown Court for Trial—the court should take a plea before venue under MCA 1980, s 17A, and then address allocation. The governing procedure is set out in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 9...

Sending of cases forthwith to the Crown Court for trial An adult defendant must be sent without delay to the Crown Court in the following circumstances: indictable only offences specified either way offences, eg serious or complex fraud, certain matters involving children, or where there is a linked indictable only offence and the same or another defendant is being sent to the Crown Court (see below, Either-way offences) Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, r 9.7 sets out how a case is to be sent to the Crown Court for trial (covering both indictable only and either way offences). In particular: if the defendant is present, the court must read and explain the allegation to the defendant, state the reason the case must be sent to the Crown Court, and provide information regarding any reporting restrictions...

This document is important and requires your immediate attention Within this document is a proposal that, if carried out in its entirety, would lead to the delisting of [ Offeree ] Shares from [ insert name of relevant market, such as AIM or the Main Market of the London Stock Exchange ]. Should you be uncertain about the Offer or what steps to take, you are urged promptly to obtain your own immediate, independent financial advice from your stockbroker, bank manager, solicitor, accountant or another independent financial adviser duly authorised under the Financial Services and Markets Act 2000 (as amended) if you are resident in the United Kingdom or, if you are not, from an appropriately authorised independent financial adviser. If you have disposed of, or now dispose of, all of your [ Offeree ] Shares by sale or any other transfer, kindly forward this document together with any enclosures (but excluding any personalised enclosures) without delay at once forthwith to the buyer or transferee, or to the stockbroker,...

In the High Court of Justice Business and Property Courts of England and WalesCommercial Court (QBD)Claim No [ Claim number ] Between:1 JFK Ltd — Claimant/Respondent- and -2 LHR Ltd — Defendant/Claimant [Draft] Order Upon hearing counsel for the Claimant and the Defendant [ It is ordered that By virtue of section 17(3) of the Arbitration Act 1996, the appointment of Mr Jones as the sole arbitrator is set aside. The Defendant shall be responsible for the costs of this application. OR It is declared that Under clause 15 of the licensing and marketing agreement between the parties dated 10 October 2012, Mr Jones has no authority to act as sole arbitrator of the dispute, and his appointment is forthwith set aside. It is ORDERED that The Defendant shall be responsible for the costs of this application. ]...

Notice to complete To: [ insert recipient's name and address ] Property: [ insert property details ] We: with reference to the contract dated [ insert date ], under which you agreed to [ buy the Property from the Seller OR sell the Property to the Buyer ]; confirm that completion did not occur on the agreed date and that the [ Seller OR Buyer ] is ready, able and willing to complete; serve notice under condition 6.8 of the Standard Conditions of Sale (Fifth Edition—2018 Revision), to which the contract is subject, requiring completion; and draw attention to consequences in condition [ 7.4 OR 7.5 ] of the Standard Conditions of Sale (Fifth Edition—2018 Revision) if you fail to complete within 10 working days of service of this notice (excluding the day of service). [ Under condition 6.8.3 of the Standard Conditions of Sale (Fifth Edition—2018 Revision) the Buyer must forthwith [ pay a deposit of 10% of the...

Clause 2.27.1 of the JCT Standard Building Contract 2011 (SBC) Clause 2.27.1 provides that where it becomes reasonably clear that progress of the Works, or any Section, is delayed or likely to be delayed, the Contractor must at once notify the Architect/Contract Administrator, explaining the material circumstances, including the reasons for the delay, and in that notice point out any occurrence he regards as a Relevant Event... Lexis+® UK practical point: the same wording appears in the Standard Building Contract 2016 (cl 2.27.1) and in the JCT Design and Build Contract 2011/2016 (cl 2.24.1), save that in the design and build forms the addressee ‘Architect/Contract Administrator’ is replaced by the ‘Employer’... Two principal questions arise when deciding whether a notification clause such as SBC clause 2.27.1 has been properly observed: what does the obligation to give notice ‘forthwith’ encompass, and is the contractor obliged to meet this condition? what level of notification/particulars of the ‘material circumstances’ must be provided? ...