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...
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Designers play a pivotal part in delivering any project and exert considerable sway over how it develops, spanning the earliest architectural schemes and drawings right through to the ultimate selection of roofing materials. Because some degree of design typically features at every stage of a construction programme, the Construction (Design and Management) Regulations 2015 (the ‘Regulations’) accordingly impose duties on designers to avoid foreseeable risks to people engaged in constructing, maintaining and using the finished building. For details about the designer’s responsibilities within the dutyholder regime set out in the Building Regulations 2010, SI 2010/2214, Pt 2A, refer to Practice Note: Building regulations: the Dutyholders.
Under the Regulations, a designer means any organisation or individual who ‘prepares or modifies a design’ (or instructs, directs or arranges for another under their control to do so). The definition of 'design' in regulation 2 is deliberately broad and includes 'drawings, design details, specifications and Bills of quantities… relating to a structure, and calculations prepared for the purpose of a design’. The Regulations only apply to a designer who is acting in the course or furtherance of a business...
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 ]...