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Unavailability meaning

What does Unavailability mean?
Unavailability describes, in PPP/PFI project agreements and related facilities management contracts, the period during which the facility, area, system or service does not satisfy the contractually defined Availability Standards (often set in the Output Specification), so that payment is reduced under the Payment Mechanism (typically by abating the unitary charge). It is a contractual term, not set by statute, but widely used with similar meaning across England & Wales, Scotland, Northern Ireland and Ireland. Key features include: measurement by elapsed unavailable time during service periods; possible partial unavailability (specific rooms, zones or systems); weighting by Critical Areas or availability bands; cure and rectification times; and exclusions for planned maintenance, Relief Events, Force Majeure or Authority-caused delays. Triggers commonly include health and safety non-compliance, statutory breaches, failure of plant or ICT, or failure to meet output-based service levels. Unavailability is evidenced through helpdesk logs and surveys and results in availability deductions or service failure points; persistent or material unavailability may constitute a default, invite step-in or termination rights, or give rise to compensation where the cause is an Authority or Compensation Event.
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NEWS
England and Wales family law weekly update: case law, practice guidance and policy developments—22 February 2024

In this issue: Practice and procedure Financial provision Domestic abuse Private children Public children Enforcement Daily and weekly news alerts Updated content LexTalk®Family: a Lexis®Nexis community New Q&As Useful information Practice and procedure MoJ publishes updated HMCTS email guidance for family proceedings The Ministry of Justice (MoJ) has issued revised email guidance for family proceedings. Updates now reference use of the MyHMCTS case management system, raise the permitted page count for supporting material sent by email, refresh details of documents the court may transmit by email, and explain how to email the Courts and Tribunals Service Centre (CTSC) and how filing is recorded. The guidance also includes practical hints and tips for emailing the CTSC. See: LNB News 19/02/2024 17... Unavailability of QLR (Re: Z (Prohibition on Cross-examination: No QLR)) In Re: Z (Prohibition on Cross-examination: No QLR) [2024] EWFC 22, [2024] All ER (D) 99 (Feb), the President of...

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PRACTICE NOTES
UK company law, securities regulation and tax issues when granting equity to workers engaged via an employer of record (FSMA, prospectus, PAYE/NICs, DR, HMRC reporting)

Introduction This Practice Note sets out the principal UK tax and legal issues that can arise where an end user intends to provide shares, share options or other forms of equity to an individual in another jurisdiction who is engaged under an arrangement with an employer of record or a professional employer organisation. It looks at both perspectives: a UK end user offering equity to people overseas, and a non-UK end user granting equity to individuals situated in the UK. In every case, the particular rules and regimes of the relevant overseas territories must also be assessed. For a template that an end user can use to grant a share option to an individual engaged via an employer of record arrangement, see Precedent: Standalone unapproved share option agreement for a worker engaged via an employer of record. What is an employer of record structure? ...

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PRACTICE NOTES
Managing Global Supply Chain Risk: Due Diligence, Contractual Controls, Cyber Security and Resilience Strategies for Commercial Lawyers

This Practice Note Examines the practical difficulties of global supply chains and the commercial lawyer’s role in building a resilient supply chain for a business. It reviews supply chain risk and the suite of tools available to lawyers to mitigate those risks, including assessing and managing partner risk, controlling risk through supply chain contracts, and supplementary approaches to risk management, as well as other methods for managing risk. Effective risk management in supply chains demands insight into both operational realities and the legal obligations that apply wherever a company’s direct and indirect suppliers operate. The increasingly global nature of manufacturing supply chains raises even further the difficulty of managing risk and amplifies the consequences of failure. This is compounded by uncertain geopolitical and financial landscapes across jurisdictions that disturb harmonious conditions between markets, as shown in 2025 by the US imposing tariffs on certain global markets. On a global basis. Consequently, the risks that almost every business must now routinely assess go beyond natural disasters, pandemics and...

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PRACTICE NOTES
Claims management services in Great Britain: FCA-regulated activities under FSMA/RAO, sector permissions, exclusions, temporary permissions regime and the unavailability of the Part XX exemption

Background to the FCA regulation of claims management activities In April 2007, the Ministry of Justice (MoJ) created the Claims Management Regulation Unit (CMRU) to oversee and directly regulate claims management companies (CMCs). Since that point, the government has grown increasingly concerned about widespread misconduct within the claims management sector nationwide. In 2015, it commissioned the independent Brady Review to assess fully the nature and true scale of problems in the market and to propose practical improvements to regulation. The Review’s final report set out several detailed recommendations aimed at strengthening authorisation, supervision and enforcement processes for the regulation of CMCs. It concluded that, in principle, the most suitable route would be a new, standalone independent regulator focused solely and specifically on CMC regulation. However, given the government’s drive to reduce the number of public and arm’s-length bodies at the time, and because creating an entirely new organisation would probably be costlier than other options, the Report observed that the most credible alternatives were to strengthen the existing MoJ-based...

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