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This Checklist This Checklist highlights key matters to weigh up when preparing and finalising a retention bond for a construction scheme. For additional guidance on retention bonds, see Practice Note: Retention bonds. Parties A party whose registered office is outside England and Wales may need to nominate an address for service within England and Wales. Consider carefully before accepting a surety located beyond the UK and, where relevant, confirm the surety is properly authorised to issue bonds in the UK. Always include company registration numbers to enable future identification of the companies. ...
This Checklist This Checklist highlights the different avenues for bringing a joint venture (JV) to a close or facilitating an exit, and the factors to weigh depending on the pathway chosen. For guidance on addressing a JV dispute, see Practice Note: Joint venture disputes—how to respond. For further detailed guidance on terminating joint ventures where a specially created or nominated joint venture company (JVC) is involved, see the following Practice Notes: Termination—corporate joint ventures Tax implications of operating and terminating a joint venture company Corporate joint venture dispute—dealing with deadlock: initial considerations Majority-minority joint venture dispute—a practical illustration Entering a JV relationship usually calls for significant planning and effort from the JV parties, who opt to work together for mutual advantage (often by sharing cost, resources and expertise). You will need to assess the full ramifications of ending or exiting the JV, including whether there are sound reasons to be prepared to see that investment lost if the JV is...
This checklist outlines matters to weigh up when preparing and agreeing an advance payment bond for a construction project. See also Practice Note: Advance payment bonds. Parties Where a party has its registered office outside England and Wales, it may need to nominate a service address within England and Wales. Consider carefully before accepting a surety located outside the UK and, where relevant, verify the surety is properly authorised to issue bonds in the UK. Always include company registration numbers so companies can be identified in the future. The relevant contract Set out the full particulars of the building contract and the works to which the advance payment bond applies, as appropriate...
In this issue: Employment Rights Act 2025 Benefits Protected characteristics Confidentiality, duties and restrictions: enforcement Europe-EU New and updated content Dates for your diary Trackers Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Employment Rights Act 2025 Welsh Government consults on establishment of a Social Care Negotiating Body The Welsh Government has opened a consultation on creating a Social Care Negotiating Body (SCNB) using powers in the Employment Rights Act 2025 (ERA 2025). The SCNB would be responsible for setting Fair Pay Agreements for Wales’s social care workforce. Feedback is invited on the organisation’s design, role and anticipated effects. Responses will inform the government’s understanding of sector perspectives on the SCNB, including the bargaining approach, who and what it should cover, dispute resolution, roll-out, as well as compliance and enforcement. The consultation closes on 28 April 2026. The exercise does not invite comments on the specifics...
Patrick Coyne, TPR’s interim policy director, admitted during a speech that 'things were not always perfect' in its regime for assessing superfunds. Superfunds are a new kind of consolidation vehicle, allowing multiple defined benefit (DB) plans to be pooled so they can be run at a lower cost. To date, TPR has approved only one DB superfund—Clara-Pensions—under interim regulations introduced in 2020. Another company seeking approval to launch a superfund was ultimately forced to mothball the project, complaining of opaque expectations and asserting that TPR had moved the goalposts...
Qatar Investment and Project Developments Holding Co v Phoenix Ancient Art SA [2025] EWCA Civ 1300 What was the background? In this Court of Appeal matter, the respondents to the appeal (the claimants) applied, by way of an application, for security to cover their appeal costs. The appellants/defendants were Phoenix Ancient Art S.A., a Swiss company, together with Ali Aboutaam, a Swiss resident, and Hicham Aboutaam, resident in New York. The claimants had issued two separate claims against five defendants in total, of whom the first three were the present appellants: one action commenced in 2020 and a second in 2023 respectively. Each claim concerned the artefacts in issue, acquired and purchased from Phoenix, which the claimants alleged were counterfeit and inauthentic. The 2020 proceedings focused on a small chalcedony statuette depicting the goddess Nike. The 2023 proceedings concerned two further pieces, namely: a marble work titled the Head of Alexander the Great as Herakles, and a small chalcedony cameo described as the Phalera with an Imperial Eagle....
This Practice Note summarises several of the principal ways in which a residential flat project can be structured. It provides an overview of alternative leasehold flat arrangements for both developers and purchasers of residential flats. A central issue in residential leasehold developments is securing adequate, enforceable covenants for the repair, maintenance and insurance of the shared parts of the development (that is, the structure, foundations, roof, principal walls, internal and external communal areas and common services). It also addresses how obligations for the common parts are allocated among the key parties. The following structures, and their differing approaches to apportioning responsibility for the shared parts between landlords, management companies and tenants, are considered: developer/landlord retains the reversion and the management role developer/landlord keeps the reversion but outsources management duties developer/landlord keeps the reversion while tenants assume management duties developer/landlord transfers the reversion and management functions to the tenants ‘criss-cross’ or ‘crossover’ arrangement ‘cat’s cradle’ arrangement This Practice...
Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...
Basic principles Owing to the versatility of schemes of arrangement (schemes) (see Practice Note: Benefits of schemes compared to other processes), together with their ability to bind every creditor within the affected classes of a scheme compromise, and the shortcomings perceived in certain domestic restructuring tools in some overseas jurisdictions, schemes are frequently deployed to restructure foreign companies or English companies with substantial assets or creditor bases outside the UK (see Practice Note: Establishing jurisdiction and sufficient connection). Yet, absent recognition, a scheme may have little practical effect, or the scheme company may remain vulnerable to being subject to an overseas insolvency procedure. Consequently, advisers should address recognition questions from the outset of the scheme process. For proceedings issued on or after 31 December 2020, the operative elements of the EU Recast Regulation on Insolvency dealing with automatic recognition, and the EU Brussels I recast, no longer apply to the UK (see: No deal Brexit—impact on jurisdiction agreements—checklist), with recognition now turning on private international law (see Practice Note:...
Agreement concerning [ insert brief details of the works/project ] at [ insert address of works ] (incorporating, among other things, the JCT Standard Building Sub-Contract Agreement 2024 (SBCSub/A 2024) and the JCT Standard Building Sub-Contract Conditions 2024 (SBCSub/C 2024), each as amended and supplemented as set out in this Agreement and in the Schedules to it). This Agreement is dated the [ insert number ] day of [ insert month ] 20[ insert year ] Parties [ insert name of the Contractor ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Contractor ] (“the Contractor”) [ insert name of the Sub-Contractor ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Sub-Contractor ] (“the Sub-Contractor”) Now it is agreed that: 1 Interpretation In this Agreement, words and expressions carry the meanings respectively attributed to them in the JCT SBCSub/A 2024 and...
This Agreement is entered into on [ insert date ] (the Commencement Date) by and between: Parties [ insert supplier name ], a company incorporated in England and Wales, whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (Supplier); and [ insert customer name ], a company incorporated in England and Wales, whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (Customer). Each of the Supplier and the Customer is a party, and together the Supplier and the Customer are the parties. Background The Supplier is [ an experienced software developer and ] [ insert the Supplier’s background details and the background to the relevant transaction ]. The Customer is [ insert the Customer’s background details ]. Subject to this Agreement, the Supplier shall develop software for the Customer and will licence (or arrange...
This Settlement Agreement is dated [ insert date ] (the ‘Settlement Date’) and entered into by the following parties (each a ‘party’, together the ‘parties’): Parties [ insert name of party A ], a company incorporated in [ England and Wales ], company number [ insert company number ], with registered office at [ insert registered office ] ('[ Name of party A ]'); and [ insert name of party B ], a company incorporated in [ England and Wales ], company number [ insert company number ], with registered office at [ insert registered office ] ('[ Name of party B ]'). Background (A) The parties have entered into a construction contract dated [ insert date ] in respect of the [ insert description of works/project, eg ‘design and construction of a property known as Bloggs House' ] (the ‘Contract’). (B) [ The parties are involved in a dispute [ concerning [ insert details of the dispute, including material...