Strip meaning

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...

In this issue: Employment contract Horizon scanning Pensions Tax Prohibited conduct (discrimination etc) Data protection and employee information Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment contract Supreme Court reinstates High Court injunction preventing Tesco from ‘firing and rehiring’ employees on less favourable terms. In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, the Supreme Court, unanimously and led by Lord Burrows and Lady Simler, upheld the High Court’s stance, reviving the injunction that bars Tesco from dismissing staff in order to strip them of a ‘permanent’ contractual entitlement to retained pay, then proposing re‑engagement without it. An implied term in the contracts curtailed Tesco’s ability to rely on dismissal rights for that end. Commentary on the ruling is provided by Neil Todd of Thompsons Solicitors; Jonathan Chamberlain and Connie Cliff of Gowling WLG; Philip Harman...

Pitt v HMRC [2024] UKUT 21 (TCC) Back in 1999, the taxpayer undertook steps to buy and sell loan notes treated as relevant discounted securities, and asserted an income tax loss approaching £700,000 for 1998/99. HMRC commenced an enquiry and moved to refuse that loss. It then served a follower notice, arguing that the principles and reasoning in the First-tier Tax Tribunal decision in Audley v HMRC [2022] UKFTT 222 (TC), if applied to these arrangements, would eliminate the tax advantage sought. The taxpayer declined to take corrective steps by amending his return to strip out the loss, so HMRC issued a closure notice to the same effect. HMRC also imposed a penalty in relation to the claimed position and the failure to take the specified corrective action as directed...

These measures pursue a straightforward aim: to strip away the friction that frequently stops customers moving between cloud providers. It brings in compulsory contractual commitments and openness duties intended to dismantle technical, commercial and contractual hurdles that foster vendor lock-in. That spans lengthy terms, punitive exit charges and constraints on data export, each of which must now be carefully dealt with explicitly within customer agreements...

Practice Note This Practice Note reviews how arbitration agreements are incorporated into contracts governed by English and Welsh law (using England and English as shorthand). Further materials on arbitration agreements appear on the right-hand side of the page, including Practice Note: Arbitration agreements—the in writing requirement. An oral understanding does not, however, strip a party of access to the courts, since either party may cancel the authority of the arbitrator appointed pursuant to such an arrangement. For an arbitration clause to have legal effect, it must be duly incorporated into the contract it concerns. Under section 6(2) of the Arbitration Act 1996 (AA 1996), a reference in a contract to a written arbitration clause, or to another document that contains such a clause, will itself amount to an arbitration agreement where the reference is expressed in terms that make the clause part of the contract. In short, effectiveness depends on clear incorporation by reference...

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Schedule of amendments A compiled list of changes to a standard form contract in which the parties record their agreed departures from the issued terms. Accordingly, it should be read alongside the underlying standard form. The parties should ensure any negotiated and agreed schedule of amendments is duly incorporated into the contract. Within NEC3/NEC4 suites, such alterations to the standard form are known as Z clauses. Refer to Practice Notes: Construction contract documents and Selection of standard form construction contracts, and to our relevant Precedent schedules under the Precedents tab in subtopics: JCT contracts 2024—overview, JCT contracts 2016, JCT contracts 2011, NEC contracts and Other standard form construction contracts. Schedule of rates/prices A schedule used in tendering when precise quantities are not established, or within a lump sum arrangement for pricing variations (often termed a Bill of Quantities). The tenderer...

Ownership, leasing or any other lawful use of land typically depends on being able to get to it, so that the land can be enjoyed. The public may use roads and footpaths adopted by local authorities and, where a plot abuts an adopted road, gaining access is usually uncomplicated. Where access must cross another person’s land, recourse to common law or statute might be available, but buyers will ordinarily prefer a formal arrangement—such as a contractual right or servitude—where none already exists. If land is held in common or jointly, each owner may reach and traverse it without needing separate access rights. This Practice Note outlines the typical access questions that can arise in Scottish property deals and the matters a seller’s and a buyer’s solicitor may need to consider. The same themes can arise in lease transactions between landlord and tenant solicitors; for simplicity in this Practice Note, the parties are described as ‘seller’ and ‘buyer’ and the deal as a sale or purchase. Access from a publicly...

I, [ name ], of [ address ], do solemnly and sincerely declare as follows: 1 Following a transfer dated [ date ] between (1) [ name of seller ] and (2) myself [ and my [ wife OR husband OR [ other ] ] ], [ I OR we ] obtained the freehold land (‘the Red Land’), registered under title number [ title number of declarant’s property ] and identified [ edged OR coloured OR hatched ] red on the plan now produced and shown to me and marked ‘1’, which is attached to this declaration (‘the Plan’). The Red Land consists of the house and garden situated at [ address or other description ]. On the date the transfer completed, [ I OR we ] took possession of the Red Land and have remained in continuous possession ever since. Shortly after completion, [ my OR our ] solicitors also submitted an application for [ me OR us ] to be registered as proprietor [ s ]...

date [ date ] PARTIES [ name of Grantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Grantor ) [ name of Grantee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Grantee ) [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] ( Mortgagee ) ] 1 Definitions Within this Deed, the terms below have the following meanings: Dominant Land • means the [ freehold OR leasehold OR land described as [ description ] [ registered at HM Land Registry under title number [ number ] ] [ depicted [ edged OR coloured OR hatched ] [ colour ] on the Plan ]...

I, [ name ], of [ address ], do solemnly and sincerely declare that: Following a transfer dated [ date ] between (1) [ name of seller ] and (2) myself [ together with my [ wife OR husband OR [ other ] ] ], [ I OR we ] became the owners of the freehold land ('the Red Land'), which is registered under title number [ title number of declarant’s property ] and is indicated [ edged OR coloured OR hatched ] red on the plan now produced, shown to me and marked '1', which is attached to this declaration ('the Plan'). The Red Land consists of the dwelling and its garden located at [ address or other description ]. On the date of completion of that transfer, [ I OR we ] took possession of the Red Land and have remained in uninterrupted possession from that time. Soon after completion, [ my OR our ] solicitors also submitted an application for [ me OR us...