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The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) Is directly applicable and fully enforceable across EU and EEA states. This Flowchart centres on personal data breach notification under the EU GDPR...
Introduction This Practice Note outlines the process for Variations under the 1999 FIDIC Red, Yellow and Silver Books where a Variation is directed by the Engineer or Employer, where the Engineer or Employer seeks a proposal for a Variation, or where the Contractor initiates a change through value engineering. For further information on Variations under the 1999 forms, see Practice Note: FIDIC contracts (pre‑2017 editions)—variations. Variations are principally addressed in clauses 13.1 to 13.3, which define the entitlement to vary the Works and the steps to be taken to implement those changes...
Why are the protocols being amended? In his Final Report on Civil Litigation Costs (January 2010), Lord Justice Jackson proposed retaining the pre-action protocols, while introducing targeted changes to improve how they work and to keep pre-action costs proportionate. He also advised creating a specific protocol for debt claims where a business pursues an individual. In response, a CPRC sub-committee was established to review and recommend any necessary amendments to the pre-action protocols. Although the sub-committee is still considering drafts of some protocols, several have been issued and, subject to ministerial sign-off, are expected to commence on 6 April 2015. Below is a summary of the protocols being revised and the stage each has reached, with links to the latest drafts where available. We will provide further updates as the CPRC publishes more material and will revise our Practice Notes once the amendments are finalised. Practice Direction Pre-Action Conduct and Protocols This practice direction (which replaces the Practice Direction—Pre-action conduct) applies to disputes where no other specific...
In this issue: Enfranchisement and right to manage Disputes and remedies Repairing obligations and dilapidations Residential tenancies Property Disputes in Scotland Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Latest Q&As Enfranchisement and right to manage FTT’s approach to property valuation principles in lease extension upheld (Deritend Investments (Birkdale) v Fung Tai Engineering Company)) In Deritend Investments (Birkdale) v Fung Tai Engineering Company) [2025] UKUT 324 (LC), the Upper Tribunal (Lands Chamber) (UT) rejected an appeal from the First-tier Tribunal (Property Chamber) (FTT) concerning the premium set for extending a leasehold interest in a Hyde Park flat with 54.71 years remaining. Permission to appeal had been granted because it was arguable the FTT had misapplied accepted valuation practice or misunderstood the evidence, with particular focus on the Freehold Vacant Possession Value. The UT proceeded by reviewing the FTT’s determination...
This Practice Note is archived and no longer updated or maintained. It outlines the differences introduced in the NEC4 standard form construction contracts when set against the NEC3 versions. It also summarises the changes from NEC3 across the standard forms. The spotlight is on the NEC4 Engineering and Construction Contract (ECC), though many ECC revisions mirror those rolled out across the broader NEC suite. Many of the points made in relation to the ECC are indicative of suite-wide adjustments. The NEC characterises NEC4 as an ‘evolution not revolution’, building on NEC3. The bulk of NEC4’s revisions appear aimed at embedding sound practice and/or cutting reliance on Z clauses (ie bespoke amendments). For further details on NEC contracts in general, including their structure, see Practice Note: NEC contracts—introduction. Publication of NEC4 The NEC4 contracts were issued by the Institution of Civil Engineers on 22 June 2017...
Overview of the Supply Contract The Supply Contract, known as the ‘SC’, forms part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). Most construction practitioners are more familiar with the NEC3/NEC4 Engineering and Construction Contract (EEC); however, where an employer intends to purchase goods or plant and material in relation to a project, the NEC3/NEC4 Supply Contract can also be included as part of the documentation for that project. The Supply Contract may equally be used on a standalone basis to buy goods when a significant level of management control is required; but—as with any contract—it should be considered carefully to ensure its terms do not conflict with any other non‑NEC contracts used in relation to the same project. It is designed for the purchase of high‑value goods together with related services. The NEC have produced it with the intention that it be more even‑handed between buyer and seller than parties’ own standard terms and conditions of supply are likely to...
In recent years, the idea of Legal Project Management (LPM) has gained real momentum within the legal sector. This Practice Note offers an introduction to LPM and explores: what LPM is and how it can assist in-house lawyers the phases of legal project management and what occurs at each stage how to begin with LPM This Practice Note can be read alongside Practice Note: Legal project management: A step-by-step guide, and further guidance on project management generally is available in the Project management subtopic. What is Legal Project Management (LPM)? Put simply, it is the application of project management principles to legal work. Project management first emerged in the 1950s, with roots in engineering and construction. Over the decades, its value was recognised beyond heavy industry, and it was taken up across numerous business sectors, including IT, finance and professional services. Today, project management is regarded as an essential business skill, with frameworks such as PRINCE2 (developed by the UK...
The Architect shall: General responsibilities (Stages 0–7) Lead Consultant: advise on scopes, guide specialists, integrate and co‑ordinate design, chair design meetings with minutes, manage Client–Design Team communication, collate stage reports. Act as or liaise with the Principal Designer under CDM 2015 and Building Regulations 2010; manage Client instructions; agree deliverables; design to budget; brief on duties; liaise with the BIM Manager. Stage 0: advise on risks, finance and feedback; visit site; assist with Design Team appointments; Stage 0 report. Stage 1: feasibility; arrange/collate surveys; develop the strategic brief into the Project Brief (sustainability, quality, spatial needs); set procurement, programme and PEP; align budget; Stage 1 report. Stage 2: concept and outline proposals aligned to cost plan and strategies; cost advice; compliance route and pre‑application planning; Stage 2 report. Stage 3: spatial co‑ordination; planning applications/consents, revisions and conditions; select materials/methods; value engineering; tender support; Stage 3 report. Stage 4: technical design, specifications and packages; building regulations submissions; ERs, Construction Phase Plan; Stage...