Variations meaning

This Flowchart sets out the conditions that must be satisfied for the court to declare that a transaction constitutes a preference and grant relief. This diagram outlines the criteria that need to be met for the court to find a transaction is a preference and award appropriate relief...

It is vital for proprietors of trade mark registrations to ensure correct use, so the public recognises them as badges of origin for the relevant goods and/or services, and to lessen the risk of third-party challenges claiming the marks have become generic or misleading, or that they lack distinctiveness. For more information, see: Trade mark transactions and management-overview Practice Note: Managing a trade mark portfolio Practice Note: Removal of UK trade marks from the register-expiry, surrender, invalidity and revocation To assist, clear guidelines on trade mark usage should be created, with training provided to internal teams and to third-party users of trade marks such as distributors, advertising agencies and retailers, covering correct usage. A checklist of points to include in such guidance is set out below. Only use the trade mark as registered, without variations and abbreviations This applies to both written and spoken use of the trade mark. Distinguish the trade mark from the surrounding text A...

When drafting or negotiating a deed of novation in the context of a design and build construction project where a consultant is being novated from the employer to the contractor (see Practice Note: Novation in construction projects), the following should be taken into account: Consideration Confirm that the novation is supported by consideration. If it is absent, or its existence is uncertain, the novation should be executed as a deed. Underlying agreement The deed of novation should identify the original appointment under which the consultant was engaged, together with a concise summary of the services they were retained to provide. Declaration of novation The deed should record (typically in the recitals) that the consultant and the former employer have agreed to transfer the underlying agreement to the new employer (that is, the contractor) on the terms contained in the deed of novation. Creation of new contract Verify that the deed addresses the two essential steps of novation necessary to establish the new contract: ...

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...

Introduction This flowchart explains the process for Variations within the JCT Standard Building Contracts 2024, and Changes under the JCT Design and Build Contract 2024. Clause 5.1 defines Variations (and Changes in the JCT Design and Build form). For further guidance on Variations in the JCT Standard Building Contract 2024 and Changes in the JCT Design and Build Contract 2024, consult Practice Note: JCT contracts—variations. Click here to access a printable pdf version of this flowchart now...

Uniform Building Contractors Ltd v The Water and Sewerage Authority of Trinidad and Tobago [2026] UKPC 2 What was the background? The Privy Council appeal arose from a 2007 design-and-build, lump sum contract governed by the 1999 FIDIC Yellow Book, concluded between the Water and Sewerage Authority of Trinidad and Tobago (WASA) and Uniform Building Contractors Ltd (UBC) for the design, supply and installation of pipelines. The works were structured as two discrete packages, each on a lump-sum basis. Executed on 23 May 2007, the agreement incorporated the Yellow Book, bespoke Conditions of Particular Application, the Employer’s Requirements, together with a Bill of Quantities (BoQ). Mr Barry Paul was appointed as the Engineer under the contract. During execution, disputes between the parties arose over performance. WASA served termination notices dated 28 May and 4 June 2009. UBC commenced proceedings in May 2013, shortly before the limitation period expired, and WASA advanced a counterclaim. At first instance, the court dismissed both UBC’s claim and WASA’s counterclaim in full. WASA...

Clegg Food Projects Ltd v Prestige Car Direct Properties Ltd [2025] EWHC 2173 (TCC) What are the practical implications of this case? Clegg Food v Prestige Car confirms that, in payment disputes over overall or global valuations, adjudicators have wide latitude in their determinations, including making a 'fair and reasonable' valuation drawn from the material and submissions advanced by the parties. Losing parties should take a pragmatic stance when considering enforcement challenges—where the outcome falls within the spectrum advanced by the parties, minor irregularities or high-level reasoning will not unsettle the decision unless there is a material breach of natural justice. Highly detailed natural justice complaints, where both sides sought a global valuation, are very unlikely to succeed. What was the background? The claimant contractor (Clegg Food) and the defendant employer (Prestige Car) entered into a JCT Design and Build contract for a leisure and retail centre. After practical completion, a dispute arose regarding Application for Payment No 37 (Application 37), addressing the valuation of agreed...

In this issue: EU fundamentals Commercial Competition and state aid Corporate Free movement, immigration and employment Financial services Energy Environment Life sciences Regulatory TMT Daily and weekly news alerts New and updated content Trackers EU fundamentals European Commission releases October 2025 infringement package The European Commission has unveiled its October 2025 infringement package, identifying the EU Member States facing proceedings for breaches of obligations arising under EU law. The dossier covers letters of formal notice, reasoned opinions, and referrals to the Court of Justice addressed to Belgium, Malta, Estonia, Austria, Poland, Portugal, the Netherlands and a number of additional countries. Actions relate to multiple instruments and rules, notably Directive 1999/31/EC (Landfill Directive), Directive (EU) 2020/2184 (Drinking Water Directive), and Directive 2011/92/EU (Environmental Impact Assessment (EIA) Directive), among related matters. See: LNB News 08/10/2025 39. ...

Loan market and developments Overview Broadly, Scotland’s loan market mirrors that of England. Financial services regulation operates on a UK‑wide basis; a substantial body of legislation governing companies and other corporate vehicles (including corporate insolvency) likewise applies across the UK; and all Scottish clearing banks conduct business in every UK jurisdiction, as do their counterparts across the UK. In practical terms, this means English law governed loan documents typically require minimal amendment for UK cross‑border lending transactions. There are, however, some differences in terminology and certain statutory variations that must be allowed for; beyond those matters, an English law loan document and a Scots law loan document are closely aligned. It is commonplace, for example, for English law loan agreements to be deployed in Scottish lending transactions. The principal divergences between the jurisdictions arise in relation to property law and to the law concerning rights in security, where Scots law and English law are notably distinct. Lending Is it necessary to secure any consents or licences to...

Practice Note This Practice Note sets out guidance on the court’s authority to order periodical payments and/or lump sums covering school fees and other educational or training outgoings. It outlines the steps to be taken in matters involving parents who are or have been married or in a civil partnership, as well as in situations where the parents have never been married or in a civil partnership, and prescribes the process to follow. Significant limits apply to the court’s ability to make periodical payment orders for a child where the Child Maintenance Service (CMS) has, or would have, competence to carry out a maintenance calculation. Even so, the court still has power to direct that a parent, or any person who has treated the relevant child as a child of the family, must pay or contribute towards the expense of a child receiving instruction at an educational institution, or undertaking training for a trade, profession, or vocation (whether or not in paid work). Most frequently, such directions concern the...

Defining sustainable development The scope and meaning of sustainable development remain hotly contested. Many descriptions draw upon variations of the renowned Brundtland definition and the three pillars model, often referred to as the triple bottom line of sustainability. Yet, in the absence of a uniform methodology, it is hard to determine how to deliver sustainable development, or to know exactly when, if at all, it has been realised. For detailed definitions of sustainable development, consult these Practice Notes: Sustainable development—definition and application at international level Sustainable development—definition and application at European Union (EU) level Sustainable development—definition and application at UK level Sustainability indicators Sustainability indicators offer a means to gauge—or at least to approximate—progress towards the policy objective of sustainable development. Origin After the Earth Summit in Rio de Janeiro, Brazil, in 1992, states were encouraged to establish their own sets of sustainable development indicators (SDIs) designed to: align with their individual national circumstances and...

Variations can also push back the completion date, and may give the Claimant a right to extra time and to prolongation costs. These elements of a variation claim are commonly pursued separately, as an extension of time claim and a prolongation costs claim. By way of illustration, the principal JCT forms provide distinct procedures: one for pricing the changed work, and another for evaluating loss and expense arising from the variation’s effect on the progress of the works (see Practice Note: JCT contracts—variations — Valuing variations under JCT contracts). Accordingly, Claimants should take care not to ‘double dip’ across the separate elements of the claims. No. Description of Variation Claimant’s case Defendant’s response Judge/Tribunal comments The Claimant intended to adopt slab foundations for block A, as depicted on the Claimant’s drawing reference XX dated XX. By email dated XX, the Defendant directed the use of piled foundations for block A...

The Contract comprises the completed Standard Building Contract Without Quantities for use in Scotland 2016 published by the SBCC subject to the following amendments: Recitals and Articles updated: contractor to provide a master programme and Schedule of Information Requirements; CDP responsibility accepted; Principal Contractor duties priced; arbitration deleted; Schedule of Amendments prevails; Third Party Agreements duties. Contract Particulars: arbitration entries removed; Rectification Period set at 12 months; fluctuations and certain PII/guarantee entries deleted. Conditions: key definitions revised (Practical Completion, Copyright Material, Design sub‑contractors, Funder, Site); Scottish jurisdiction; approvals mean principles only; entire agreement; variations in writing. Design/materials/programming: contractor accepts ER/CP; quality and non‑deleterious materials; programme reporting; site risk; drawings/info supply; tighter discrepancy notices. Time/defects: mitigate and advise on delay; narrower Relevant Events; Practical Completion clarified; stronger rectification, consequential damage and indemnity; phased as‑built/occupation information. IP/confidentiality/BIM: broader licence, moral rights waivers and delivery; confidentiality reinforced; BIM where adopted. Management/sub‑contracting: access, approved Site Manager, meetings; prescribed sub‑contracts; collateral warranties/third‑party rights; CDM duties; insurance...

UPDATE: The CJRS concluded on 30 September 2021. This Precedent has been archived and is no longer supported. For additional details on the extended CJRS, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [Archived]. [ To be set out on the employer’s headed paper ] [ Date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) Further to our discussion on [ date ], I outlined that [ the significant decline in our business arising from the coronavirus (COVID-19) pandemic is ongoing OR the Company remains unable to operate in the usual way owing to restrictions implemented by the government in connection with the coronavirus (COVID-19) pandemic ]. [ Provide details of the impact on the organisation, for example whether operations have ceased altogether, or are continuing on a substantially reduced basis, etc. ]...

Lease variations—surrender and re-grant issues Granting a lease establishes a legal arrangement over a defined parcel of land for a set period. As a rule, you cannot enlarge either the land covered by the lease or the duration of its term without first surrendering the existing lease and granting a replacement. Should the parties try to implement such a change, the law will treat their bargain as a surrender and re-grant, regardless of what they intended. In that event, the extra period becomes a fresh term commencing on the date of the surrender and re-grant. If the effect is not avoided (and there are methods), the fallout from a surrender and re-grant can be substantial for landlord or tenant; see Practice Note: Lease variations—surrender and re-grant issues...

Where the term of an underlease matches, or exceeds, the head lease, it is treated as an assignment rather than a true underlease. To prevent this outcome, the underlease must run at least one day shorter than the superior lease...