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How to use this Checklist This Checklist flags frequent issues encountered when negotiating and drafting the following agreements: Software support agreement—pro-customer Software support agreement—pro-supplier For background on matters addressed here, see Practice Note: Key issues in software licence agreements. For the main points likely to feature in talks on a software support agreement, see Practice Note: Negotiation guide—IT contracts. Also see Practice Note: Key issues in SaaS and hardware/software maintenance SLAs and Precedent: Service Level Agreement (hardware/software fault resolution support services). This Checklist can also support drafting brief, non-binding heads of terms; for that, see Precedent: Heads of terms—commercial contracts. Checklist schedule for proposed software support agreement Use the third column to note observations or remarks as you progress through the Checklist. Checklist Further information Notes (if any) Parties Confirm each party’s legal status. Check whether any third parties (such as group affiliates) are intended to benefit from the proposed agreement. Confirm whether any...
This flowchart outlines the procedure required to be followed for an application under Schedule 1 to the Children Act 1989 (ChA 1989), seeking either capital or maintenance provision for a child...
This Checklist outlines the matters to weigh up and assess when preparing real burdens and title conditions in dispositions in Scotland. It looks in particular at real burdens concerning restrictions on use, alterations and works, as well as personal real burdens. For detail on the nature of real burdens and how they are created and construed, see Practice Note: Real burdens in Scotland—creation and interpretation. For real burdens addressing maintenance duties, see Practice Note: Real burdens dealing with maintenance obligations in Scotland. In this Checklist, the land affected by the burden is called the ‘burdened property’ and the land that enjoys the burden is the ‘benefitted property’. Drafting considerations When preparing a disposition, first ask whether imposing real burdens is required. It might be adequate simply to depend on: common law, e.g. the common laws regarding boundaries planning law (which will have a significant effect on proposed land uses) the Tenement Management Scheme (brought in by section 4 and Schedule 1 to the...
Y v Z [2024] EWFC 4 What are the practical implications of this case? Before determining the application, the court was taken through a series of authorities. Peel J concluded that those decisions do not reveal a standard tariff or an upper limit; instead, each application falls to be decided on its own facts and within its specific context, with context being decisive... ChA 1989, Sch 1 empowers the court to order a settlement of property, commonly structured as a trust, licence or lease. Such arrangements preserve the payer’s ownership of the asset, whilst permitting the payee to live in the property with the children during their minority, or until the conclusion of tertiary education, as explained in Re A (A Child: Financial Provision) [2014] EWCA Civ 1577, [2015] 2 FLR 625 and UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 1947, [2022] 2 FLR 308... In addition, the court may direct the payment of a lump sum or a series...
Ubbi and Anori (minors) v Ubbi [2018] EWHC 1396 (Ch), [2018] All ER (D) 38 (Aug) What are the practical implications of this case? In proceedings by two children seeking maintenance from their late father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975, the parties settled on a calculation approach that the court endorsed and applied. The agreed multiplier–multiplicand methodology drew on the Ogden Tables for each head of maintenance. An investment rate of -0.75% was adopted, on the footing that any lump sum would be invested in gilts to mirror the lowest investment risk. From the overall figure, there was a deduction to reflect the reasonable contribution the children’s mother could be expected to make across the relevant period. As a result, her financial position and anticipated earnings and income were pertinent, and evidence addressing these was required. Although this necessarily involved an element of ‘crystal ball gazing’, it was considered the most accurate tool available. Unlike a claim under Schedule 1 of the Children...
In this issue: Key developments and horizon scanning Transferring property Investigating title Residential property Commercial real estate finance Property development Environment, energy and buildings Property taxes Property in Wales Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers New Q&As Property Highlights 2025/2026 Key developments and horizon scanning BPF opposes upward-only rent review ban in English Devolution and Community Empowerment Bill The British Property Federation (BPF) has voiced its opposition to provisions in the English Devolution and Community Empowerment Bill that would prohibit upward-only rent reviews in all new commercial tenancies. The Bill had its second reading in the House of Lords on 8 December, with committee stage scheduled for 20 January 2026 (see Trackers). The BPF says the proposal arrived without consultation or an evidence base and does not resolve the cited issue of faltering high streets...
Practice Note This Practice Note sets out guidance on the court’s authority to order periodical payments and/or lump sums covering school fees and other educational or training outgoings. It outlines the steps to be taken in matters involving parents who are or have been married or in a civil partnership, as well as in situations where the parents have never been married or in a civil partnership, and prescribes the process to follow. Significant limits apply to the court’s ability to make periodical payment orders for a child where the Child Maintenance Service (CMS) has, or would have, competence to carry out a maintenance calculation. Even so, the court still has power to direct that a parent, or any person who has treated the relevant child as a child of the family, must pay or contribute towards the expense of a child receiving instruction at an educational institution, or undertaking training for a trade, profession, or vocation (whether or not in paid work). Most frequently, such directions concern the...
This Practice Note outlines the meaning of information and communication technology (ICT), how organisations can gain from integrating it, and the potential risks tied to its use. It also offers practical guidance on how to formulate, draft and implement a strategic ICT plan. For guidance on the use of artificial intelligence (AI), see subtopic: Artificial intelligence compliance. What is ICT? Information and communication technology (ICT) is an umbrella term for all technical means used to manage information and support communication. It spans tools such as computer and network hardware and software, satellite systems and mobile phones, together with the many services and applications linked to them. Many regard the significance of ICT not as the technology itself but as its ability to expand access to information and communication. Benefits of ICT With tighter budgets and growing economic and environmental pressures, organisations may find they need to invest in and deploy ICT to streamline processes and enhance efficiency. Implementing ICT can be crucial to an organisation’s economic...
This Practice Note deals with maintenance agreements where one of the parties to the agreement has died. For practical guidance on varying a maintenance agreement while the parties are still alive, including applications under Schedule 1 to the Children Act 1989 (ChA 1989), refer to Practice Note: Variation and alteration of maintenance agreements during the lifetime of the parties, during the parties’ lifetime. See also Practice Note: Formalities of maintenance agreements. Where a maintenance agreement within the meaning of the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004) provides for periodical payments to continue after the death of one party, and that party dies domiciled in England and Wales, the surviving party or the deceased party’s personal representatives may issue a variation application to the court. The application must be brought within six months of the grant of representation; otherwise the permission of the court is required. If the court decides it is just to alter the terms of the agreement, the...
£ [ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes 20[ insert year ] [ insert name of issuer ] Dated [ insert day and month ] 20[ insert year ] Parties [ Insert name of issuing company ], incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] (the Issuer) Background The Issuer has determined to create up to a maximum nominal amount of £[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes, to be constituted as set out in this document...
STOP PRESS: THE NEW ELECTRONIC COMMUNICATIONS CODE CAME INTO FORCE ON 28 DECEMBER 2017. This precedent was prepared against the backdrop of the former Code, and its substance may still be pertinent for the transitional arrangements contained in the new Code. It remains useful context. The transitional arrangements in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, state that existing agreements under the former Code (ie an agreement under paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the former Code) will continue to have effect once the new Code commences, albeit with certain modifications. For added detail on the transitional arrangements, see: New Electronic Communications Code—Code rights—Transitional provisions (Schedule 2 DEA 2017). For further information regarding the new Code, please consult Practice Notes: New Electronic Communications Code—Code rights and New Electronic Communications Code—terminating and modifying Code rights. The City of London Law Society published a new Digital Fixed Line Infrastructure Agreement for the New Electronic Communications...
£[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes 20[ insert year ] [ insert name of issuer ] This Instrument bears the date [ insert day and month ] 20[ insert year ]. Parties [ Insert name of issuing company ], incorporated in England and Wales under number [ insert company number ], whose registered office is at [ insert address ] (Issuer) background The Issuer has determined to establish up to a maximum nominal amount of £[ insert number ] [ insert rate ]% convertible [ subordinated ] redeemable loan notes, which shall be constituted in accordance with the provisions set out in this document...
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...
Paragraph 7(2) of Schedule 4 to the Electricity Act 1989 (EA 1989) states that: When a right granted by a wayleave is exercised and damage is caused to land or moveables, any person with an interest in that land or those moveables may claim compensation from the licence holder for the damage. Likewise, where using such a right disrupts someone’s enjoyment of any land or moveables, that individual may recover compensation from the licence holder for the disturbance. The EA 1989 empowers entities permitted to generate, transport or supply electricity to obtain a wayleave to place an electric line on, under or over private land, together with access rights for inspection, maintenance and replacement...