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Introduction This Checklist is intended for legal representatives who are involved in directly assisting witnesses to prepare trial witness statements within the Business and Property Courts, and which are subject to CPR PD 57AC. This Checklist should be read alongside Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC, which sets out the requirements in fuller detail...
This Checklist reviews the entitlement to suspend under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), and the matters that ought to be carefully considered before any party opts to suspend carrying out its obligations and duties under a construction contract. Is there a general common law right to suspend a contract? No. At common law, a party to a contract has no general right to pause or withhold ongoing performance of contractual duties when the other party is in breach, unless the breach is sufficiently serious to constitute a ‘repudiatory breach’, thereby permitting the innocent party to rescind or bring the contract to an end (see Practice Notes: Termination of a construction contract—Common law termination and Repudiation of contract). How does the right to suspend arise in a construction contract?...
This Checklist highlights principal actions and considerations for a tenant weighing up surrendering its lease to its landlord. It is not comprehensive, and you should always assess whether further matters arise that require attention in your specific situation, including any fact-specific risks or obligations. This guidance proceeds on the basis that the following apply: the surrender is by express agreement and not effected by operation of law, and no immediate re-grant in favour of the tenant will follow the surrender You can read this Checklist alongside Practice Note: Lease surrenders and Checklist Surrender of lease—acting for the landlord—checklist. How to use this Checklist Although the mechanics of a lease surrender broadly resemble a sale and purchase in commercial terms (the tenant effectively sells and the landlord buys), notable distinctions remain. The opening section (Key issues) identifies the main points for review, with additional explanation provided in the Procedure table below for handling a lease surrender, in more detail for...
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This flowchart sets out the process under the FIDIC Red, Yellow and Silver Books, 1999 editions, for defects under: clause 7.5, where Plant, Materials, design or workmanship are discovered to be faulty or otherwise non-compliant with the Contract, and the Employer rejects the relevant Plant, Materials, design or workmanship clause 7.6, when the Employer directs the Contractor to strip out and substitute any non-compliant Plant or Materials, to take out and reperform any other work that does not meet the Contract, or to carry out any work urgently needed to protect the safety of the Works clause 11.1, under which the Contractor must perform all tasks necessary to make good defects or damage, as notified by the Employer on or before the end of the Defects Notification Period clause 12.3, if a Test after Completion is not passed, and clause 11.1(b) concerning the rectification of defects applies (Yellow and Silver Books only) For further details, see Practice Note: FIDIC Contracts (pre–2017...
Under the Landlord and Tenant Act 1954 (LTA 1954), a business lease carries on automatically after the end of the contractual term if the tenant remains in occupation for business purposes. Either party can bring those statutory rights to an end by serving one of the prescribed termination notices. This flowchart explains the steps for an unopposed business lease renewal under the LTA 1954. For the procedure where renewal is opposed, see: LTA 1954 opposed lease renewal procedure—flowchart. For further detail on LTA 1954 security of tenure and the court process, consult Practice Notes: LTA 1954 business lease renewal—proceedings and LTA 1954 business lease renewal—termination. Note 1 Diarise a date at least 12–18 months before the contractual expiry of the existing lease. See Practice Note: LTA 1954 business lease renewal—termination. Note 2 Information must be supplied within one month of service of the notice. A party is obliged to correct any information provided for six months after receiving the notice. This applies to both parties equally...
State aid General Court annuls Commission decision on Danish waste water treatment pricing The General Court delivered its ruling in Case T‑486/18 RENV, Danske Slagtermestre v Commission, on an appeal challenging the Commission’s decision in State aid Case SA.37433—Denmark, concerning alleged State aid arising from rebates on waste water charges. The proceedings were remitted to the General Court following the Court of Justice’s judgment in Case C‑99/21. For context, in 2013 Denmark passed legislation introducing a lower rate per cubic metre once a certain volume of waste water had been discharged, which resulted in diminished payments for the largest users of water services (the 2013 Law). Danske Slagtermestre, a trade association, submitted a complaint to the Commission contending that the 2013 Law bestowed State aid on major slaughterhouses by reducing their contributions for waste water treatment. It concerned waste water treatment pricing, examining whether volume-linked reductions conferred selective advantages on significant users, notably large slaughterhouses benefiting from discounted tariffs thereunder...
In this issue: Key developments and materials Electricity and gas market regulation, licensing and taxation Networks and network connections Renewable energy Air emissions, efficiency, and climate change New and updated content Dates for your diary Trackers Energy resources on Lexis+® Daily and weekly news alerts Key developments and materials Ofgem consults on draft second preliminary Strategic Direction Statement for industry codes Ofgem has opened a consultation on SDS-2 for energy industry codes, outlining its strategic reading of government policy and sector shifts that could drive code changes over the next one to five years. It is seeking input on the proposed policy themes, how they are allocated across the ‘Act now’, ‘Think and plan’ and ‘Listen and wait’ horizons, and whether any significant topics are missing. Ofgem also asks for views on its plan to move SDS-2 from a preliminary document to a hybrid Strategic Direction Statement following the anticipated designation of the...
In this issue: Electricity and gas market regulation and licensing Networks and grid connections Renewable energy Capacity Market, balancing services and system flexibility Air emissions, efficiency and climate change International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Energy resources on Lexis+® Electricity and gas market regulation and licensing DESNZ has opened a consultation to strengthen Energy Ombudsman (EO) powers. It will concentrate on complaints from domestic energy suppliers, small enterprise complaints against non-domestic suppliers, and heat network complaints. Electricity and gas networks and third-party intermediaries will instead be consulted on separately. The plans include shortening the escalation period for complaints from eight to four weeks, allowing automatic compensation where EO decisions are not put into effect promptly, and granting the EO a statutory designation. DESNZ has also stated that Ofgem will regulate third‑party intermediaries, including energy brokers and price comparison sites, which have previously operated...
Family business culture Given the relatively high expense of sourcing and appointing senior staff, holding on to the right people with the right expertise is vital for any firm, and even more so for a family-run enterprise where hiring can be tougher than for rivals. Working in a family company brings upsides; research points to greater loyalty, satisfaction, flexibility and security. Yet drawbacks can appear, such as ambiguity, perceived unfairness, muddled accountability and family politics. The task is to bring in senior leaders who align with the culture and to ensure they are incentivised to remain and help grow the business. Therefore, a family business must shape recruitment and induction so they reflect its distinctive culture and complexity. Not every senior executive will thrive in a family setting, and cultural alignment may, in the end, matter as much as formal credentials. This must be weighed against the need to attract high-calibre people and keep them engaged for the long haul. Practical measures available to family firms include supporting new...
Resource Note This Resource Note signposts key commentary, analysis and materials to aid interpretation and offer practical direction on using Chapter 2 of the Disclosure Guidance and Transparency Rules (DTR 2). Where relevant, it draws on: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base—Procedural and Technical notes (formal guidance binding on the FCA) FCA consultation and discussion papers, policy and feedback statements, and warnings Primary Market Bulletins and other FCA publications legacy UKLA technical and procedural notes and the UKLA’s newsletter List!, where still pertinent assimilated EU legislation EU Directives and EU Regulations, where helpful to construing a provision Lexis+® UK analysis and resources Setting the scene What it covers: DTR 2 prescribes the framework for issuers to disclose and manage inside information, supporting timely and even-handed release of market-sensitive information. It also identifies specific situations permitting a delay to public disclosure of inside information, together with the safeguards required to keep such information...
This Resource Note spotlights commentary, analysis and materials to aid interpretation and give practical guidance on applying Chapters 1, 1A, 1B and 1C of the Disclosure Guidance and Transparency Rules: DTR 1, DTR 1A, DTR 1B and DTR 1C respectively. Materials referenced here include, where pertinent: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base guidance—Procedural notes and Technical notes (constituting formal guidance and binding on the FCA) FCA consultation papers, discussion papers, policy statements, feedback statements and warnings Primary Market Bulletins and other FCA publications former UKLA technical and procedural notes and the UKLA newsletter List!, where still relevant to interpreting or applying a provision assimilated EU legislation EU Directives and EU Regulations, where relevant to interpreting a provision Lexis+ UK analysis and resources Setting the scene What it covers: DTR 1 sets out the Disclosure guidance, explaining its scope and purpose; DTR 1A sets out the transparency rules with their scope and purpose;...
This Precedent includes a PowerPoint team brand workshop template with accompanying notes to help you run a session with your team to identify the key activities and values you want your business to be recognised for. It guides you and the group through sharing and refining ideas, then moves into setting concrete actions and clear next steps. 1 Meeting logistics Let the team know in advance that this will be a working session and ask them to consider how they add value to the business, arriving prepared to share their views. Have to hand paper, one pack of sticky notes per person, marker pens for everyone, and a space in the room where items can be put up on the wall. Plan for two and a half hours, including a 15-minute comfort break halfway through (based on five to ten attendees). Appoint someone in the team to help with timekeeping and to compile a list of actions, owners and timescales to capture at the end of the meeting....
1 Instructions on completing this form If while carrying out Client Due Diligence (CDD) checks, or through your ongoing monitoring duties as part of your obligations once a business relationship is already in place, you identify a material discrepancy between the beneficial ownership details supplied by the client and those appearing on the relevant registers (eg the Companies House register), you must complete this form and forward it to the [ state who the form should be sent to, eg nominated officer, head of risk, compliance officer ]...
Strictly Private & Confidential Do not distribute beyond [ insert organisation's name ] [ group ] From: [ Head of Legal ] To: [ recipients ] Subject: Retention of documents and data To address any prospective information requests from [ regulators including the SFO, FCA or any other agency ], [ insert organisation's name ], together with any of its [ parent corporations, subsidiaries (‘[ insert organisation's name ] Group’) ] affiliates, predecessors, successors, general partners, limited partners, officers, directors, or employees, may need to supply specified documents and records concerning [ Project X ]. Therefore, until you receive further instruction, please refrain from amending, deleting,...
Pinpointing when a planning permission issued under section 73 of the Town and Country Planning Act 1990 (TCPA 1990) takes effect, in circumstances where works have already begun, is frequently hard to assess. Consents made under TCPA 1990, s 73 constitute a fresh planning permission, leaving the initial permission untouched and unchanged, and enabling the developer to decide which permission it prefers to put into effect in each case...
The young person is now past 18, has finished secondary schooling and is moving on to higher education. The prior maintenance arrangement has now ceased, and the child intends to seek financial provision under Schedule 1 of the Children Act 1989 (ChA 1989) by making their application. Under ChA 1989, Sch 1, a parent, guardian, or special guardian of a child, or any person in whose favour a residence order is in force with respect of a child, may apply for a range of orders for the benefit of a child as provided under Sch 1...
Broadly, a capitalised maintenance order is intended to achieve a clean break, bringing to an end each party’s financial responsibilities owed to the other, both during life and on death, pursuant to the relevant statutory provisions of section 25A of the Matrimonial Causes Act 1973 (MCA 1973) See the Practice Notes: Capitalised maintenance—Duxbury calculations, and Financial clean break orders in family proceedings...