What does CDM Regulations mean? In practice, “CDM Regulations” describes the UK rules requiring health and safety to be managed throughout construction projects, from design to completion. In Great Britain, this means the Construction (Design and Management) Regulations 2015 (SI 2015/51); Northern Ireland has the Construction (Design and Management) Regulations (Northern Ireland) 2016 (SR 2016/146). In Ireland, broadly similar duties arise under the Safety, Health and Welfare at Work (Construction) Regulations 2013 (as amended), though they are not formally called “CDM”. CDM applies to all construction work (including refurbishment, maintenance and demolition). Key features include prescribed dutyholders (client, designer, contractor), the appointment of a principal designer...
Read More
ARCHIVED: This Practice Note is archived and is not maintained.
Note: The Construction (Design and Management) Regulations 2015, SI 2015/51 took effect on 6 April 2015, replacing the Construction (Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction (Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [Archived].
The Health and Safety File (the 'File') is a document the CDM co-ordinator must compile for every notifiable project. Regulation 20(2)(e) of the Construction (Design and Management) Regulations 2007, SI 2007/320 (the Regulations) states that the File should include information relevant to the project and likely to be required during any future construction work to protect the health and safety of any person. While the material may relate to the works being undertaken at the time, the focus is on maintaining health and safety during later activities. Consequently, the File’s contents should be presented with sufficient clarity and precision to ensure any subsequent construction can be carried out without risk to health and safety...
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 ]...