Performance rights meaning

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?...

How to use this Checklist This Checklist flags typical issues that arise when negotiating a manufacturing agreement and a design licence, helping you focus on key points at each stage. For further information on the licensing of designs, consult the materials below and see the following Practice Notes: Introduction to designs UK registered and unregistered designs Licensing intellectual property rights For standalone design licences, consult Precedents: Design licence—pro-licensor and Design licence—pro-licensee. See also: Licence of designs—checklist. For character merchandising arrangements, refer to Precedents: Character merchandising agreement—pro-licensor and Character merchandising agreement—pro-licensee. Where suitable, this Checklist may serve as the basis for a brief, non-binding heads of terms. For guidance on how to do this, see Precedent: Heads of terms—commercial contracts. Checklist schedule for proposed manufacturing agreement and design licence The following notes apply to the key commercial considerations identified and outlined herein. Notes Parties Parties: verify each party’s legal status and whether any third parties...

Introduction This checklist sits alongside the more detailed Practice Note: Negotiation guide—services agreements. It serves as a quick-look aide and concentrates on the principal, generic points that commonly surface across most forms of services agreement. It leaves out certain specialist matters addressed in Practice Note: Negotiation guide—services agreements that tend to arise only in particular categories of services arrangements or those of greater complexity (eg acceptance testing, audit rights, TUPE, step-in rights, benchmarking and exit assistance). It sets out the customer’s and the supplier’s optimal stances for each topic, then offers a proposed middle-ground position (which is not intended to be comprehensive). For deeper analysis and explanation of each point, refer to Practice Note: Negotiation guide—services agreements. For balanced precedent contracts, which implement much of what is explored here and in the negotiation guide, see Precedents: Services agreement—one-off supply—balanced, Services agreement (ongoing supply)—balanced and Framework services agreement—single contract with call-off orders—balanced. This checklist is relevant only to business-to-business dealings in commercial practice...

Flowchart This flowchart offers a handy overview of a charging order application’s journey, from lodging the application right through to the court’s formal grant of a final charging order...

Original news Interserve Construction Ltd v Hitachi Zosen Inova AG [2017] EWHC 2633 (TCC), [2017] All ER (D) 82 (Nov) What are the practical implications of this case? Although the outcome rested largely on the parties’ bespoke terms, the case underscores the need to examine termination provisions with care both when contracting and before attempting to terminate. It also indicates that, when interpreting the parties’ chosen wording, the court is unlikely to construe it in a manner that fails to give operative effect to expressions such as ‘subject to’. What was the background? Hitachi, the EPC contractor for an energy from waste plant in Worcestershire, engaged Interserve as sub‑contractor. Dissatisfied with Interserve’s performance and delay, Hitachi served a notice under sub‑clause 43.1 of the sub‑contract, invoking grounds (h) and (q). Those grounds provided that, if Hitachi failed to proceed regularly or diligently with the works or committed a material breach: ‘…then, subject to Sub‑Clause 43.1A and without prejudice to any other rights or remedies which’...

In this issue: Horizon scanning Recruitment Public sector Pay Tax Protected characteristics Equality of terms (equal pay) Whistleblowing Employee duties and restrictions on competition Unfair dismissal Employment Tribunals Dates for your diary Trackers New Q&As Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Government U-turns on day-one unfair dismissal rights and announces compensation cap ‘will be lifted’ On 27 November 2025, the Department for Business and Trade (DBT) confirmed that, following a round of ‘constructive conversations’ with trade unions and business representatives, the discussions settled on a ‘workable package’: shortening the unfair dismissal qualifying period from two years to six months, while preserving existing day-one protection against discrimination and for automatically unfair reasons for dismissal. To reinforce these safeguards, the government further pledged that any alteration to the unfair dismissal qualifying period will only be possible through primary legislation,...

The developer’s privacy notice states that all user information is transmitted to China, where it is retained indefinitely, and it makes no reference to European data protection law or any lawful basis for processing personal data. Although the model’s apparently strong performance on a modest training budget has depressed the share prices of US technology companies, consumer organisations in Europe have begun contacting Italy’s Data Protection Authority (DPA), noted for proactively challenging OpenAI two years ago over comparable issues linked to the launch of ChatGPT. The user terms for the DeepSeek generative AI application, jointly controlled by two Chinese companies, present multiple concerns for authorities responsible for enforcing the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDOR). All personal data is stored on servers located in China. Transfers will be “in accordance with the requirements of applicable data protection laws,” yet those laws are not specified, leaving compliance with European standards uncertain. Data will be retained “for as long as necessary,” again...

As of 31 January 2020, the UK left the EU and the EEA. This Practice Note introduces: the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) framework (which applied within UK law up to the end of the Brexit implementation period—11 pm UK time on 31 December 2020—and continues to operate across the EEA; therefore, any references in this Practice Note to EEA or EU states should be read as also covering the UK until that period concluded) the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) framework (which applies under UK law from the end of the Brexit implementation period) Where there is no need to draw a distinction, this Practice Note refers to both as ‘GDPR’ for ease. When looking at the routine processing of personal data, the UK GDPR and the Data Protection Act 2018 (DPA 2018) should be consulted together, as both sets of provisions have direct effect. Practitioners will generally...

Embedding sustainability This Practice Note considers supply chain sustainability through the wider lens of sustainable procurement and environmental, social and governance (ESG) performance, concentrating on leading themes in UK and EU private sector practice. It offers practical direction on setting up a supplier code of conduct and building a comprehensive supply chain sustainability programme that addresses: Human rights and labour standards Environmental impacts and deforestation Corruption and litigation exposure Risk management across the supply chain Public procurement sits outside the scope of this note. For further information on supply chain sustainability in the UK, including details on UK regulations, see Practice Note: Supply chain sustainability—UK. For further information on supply chain sustainability in the EU, including details on EU regulations, see Practice Note: Supply chain sustainability—EU. For further information on sustainable public procurement in the UK, see Practice Note: A guide to sustainable public procurement. Supply chain sustainability has moved from the margins to a central business priority. Although...

This Practice Note outlines how the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (MEES Regs 2015), SI 2015/962, affect both landlords and tenants of non-domestic private rented (NDPR) property. It explores the interface between the MEES Regs 2015, SI 2015/962 and the Landlord and Tenant Act 1954 (LTA 1954), considers challenges for landlords and tenants when subletting NDPR premises that are substandard, examines points arising for a landlord with a consent exemption on assignment, highlights due diligence considerations, and flags issues in real estate finance transactions where the asset is substandard (that is, holds an energy performance certificate (EPC) rating of ‘F’ or ‘G’). It forms part of our Practical Notes series on minimum energy efficiency standards (MEES). Under MEES Regs 2015, SI 2015/962, reg 27, a landlord must not let substandard NDPR property unless: 'relevant energy efficiency improvements' have been carried out (MEES Regs 2015, SI 2015/962, reg 29); or an exemption applies (consent, devaluation or temporary exemptions). ...

Dated [ date ], this Agreement is entered into between the parties identified below. Parties [ insert name of Customer ] [ of OR a company incorporated in [ England and Wales ] with registered number [ insert registered number ] and whose registered office is at [ insert address ] ] (the Customer) [ insert name of Supplier ] [ of OR a company incorporated in [ England and Wales ] with registered number [ insert registered number ] and whose registered office is at [ insert address ] ] (the Supplier) Each of the Supplier and the Customer is a party; together, they are the parties. Background The Customer carries on the business of [ insert description ]. The Supplier conducts the business of providing [ insert description of services ] to other businesses. The parties have agreed that the Supplier will provide services to the Customer on the terms contained in this Agreement....

1 Definitions and interpretation 1.1 Within these Conditions, the terms below shall have the following meanings: Adequate Procedures – to be interpreted in accordance with BA 2010 and the guidance issued under it; Affiliate – any entity that, directly or indirectly, Controls, is Controlled by, or is under common Control with, another entity; Applicable Law – all applicable laws, legislation, statutory instruments, regulations, and governmental guidance having binding effect, whether local or national [ or international in any relevant jurisdiction ]; Associated Person – means any or all of: (a) a party’s officers, employees, agents, subcontractors, subsidiaries, and persons Associated With that party (the Associates); and (b) persons Associated With any of the Associates, in each case engaged in performing services for or on behalf of that party, the Services and/or the Contract; Associated With – when used: (a) in clause 10 and in respect of bribery, shall be read in accordance with BA 2010 and the guidance published under it; (b)...

Guarantee and indemnity—seller obligations—private M&A—share purchase This Deed is hereby entered into on [ insert day and month ] 20[ insert year ] Parties [ Insert name of guarantor entity ] [ of OR being a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is situated at ] [ insert address ] (the Guarantor); and [ Insert name of the buyer ] [ of OR being a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is situated at ] [ insert address ] (the Buyer). BACKGROUND: The Buyer has agreed to acquire, pursuant to the terms of the SPA, the entire issued share capital of the Company. The Guarantor has agreed to guarantee the performance by the Seller of its obligations and liabilities under the SPA, and provide the Buyer with an indemnity in respect of such...