What does Variations mean? Variations are changes to the agreed works under a construction contract, instructed through the contract mechanism to alter scope, quantity, quality, design, sequence or timing. They are ordered by the employer’s contract administrator, project manager or engineer. The term is not defined by statute; its meaning stems from standard forms and case law across the UK and Ireland. A valid variation must be instructed in accordance with the contract (often in writing) and remain within the general scope of the original works; a fundamental or “cardinal” change may fall outside the contract. Variations can add to, omit from, or change...
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The Variation of Trusts Act 1958 (VTA 1958) empowers the court to sanction alterations to a trust’s provisions on behalf of beneficiaries who cannot themselves give consent to the change at all. It is chiefly intended for the familiar circumstance in which the trust instrument contains no explicit authority empowering anyone to modify the settlement under its own terms.
The statute traces its origins to the decision in Saunders v Vautier, a leading case. The court there held that, where every beneficiary is an adult with capacity, they may collectively, acting unanimously, revise the trust terms as they choose if they wish to do so. Traditionally, the most typical illustration is a life tenant and a remainderman opting to divide the trust fund between them rather than maintain the settlement until the life tenant’s death. In practice, in the majority of trusts, however, the beneficiaries are unable to alter the provisions in this manner because they are not all adults with capacity at all...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...