What does Fluctuations mean? In construction procurement, fluctuations describes contractual mechanisms that adjust the contract sum to reflect changes in the cost of labour, materials and related inputs between the tender or base date and when the work is actually carried out. It is a descriptive term rather than one defined in legislation, and is widely used across standard forms. Typical features include: identification of a base date; the scope of recoverable cost movements (for example labour rates, materials, fuel, taxes or duties); the method of adjustment (proved cost, agreed indices or formulae); and timing and evidential requirements. Fluctuation provisions allocate inflation and...
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A corporate power purchase agreement (PPA) is a contract through which a corporate entity buys electricity—most often renewable power—from an electricity generator for consumption in its own business.
For the purposes of this Practice Note, we assume the corporate buyer is not located on the same site as the generator.
For arrangements involving co-located buyers supplied via private wire, see: Precedents: Power purchase agreement (PPA)—exempt power supply and Connection agreement for private wires.
Corporate PPAs generally follow two principal structures, outlined below.
Both are more intricate than the 'classic' PPA, which is a single agreement under which a generator sells all output from its generating station, plus associated benefits, to a licensed electricity supplier (see Practice Note: Power purchase agreements (PPAs)—key terms and issues).
The extra complexity stems from the need to bring a licensed supplier—alongside the generator and the corporate buyer—into the contractual framework.
This requirement exists because the corporate buyer will not possess the necessary rights for electricity to be transported from the generating station across the grid to...
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 ]...