What does Infrastructure mean? In legal practice, infrastructure describes assets and networks that provide essential or public services and the projects to procure, finance, construct, operate and maintain them. It is a descriptive term rather than a single defined legal concept; sectoral statutes and planning regimes define specific categories for particular purposes (for example, nationally significant infrastructure projects under the Planning Act 2008 in England and Wales; national or major developments in Scotland; regionally significant development in Northern Ireland; and strategic infrastructure development under Ireland’s Planning and Development Acts). Sectors commonly include transport (roads, railways, ports and airports), social infrastructure (schools, hospitals and justice estates),...
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The mix of participants on an Infrastructure scheme hinges on the project type and the way it is procured and funded. Set out below is a typical party involved in such projects.
The employer is the party seeking delivery of the infrastructure Asset and overseeing the procurement. Examples of employers include:
Ordinarily, the employer prepares a project brief defining the asset’s required function and performance, then invites contractors to tender. Once a preferred bidder is chosen, the employer appoints a contractor (or several) to design and build the asset. The employer typically provides the finance and pays the contractor. Often—though not invariably—the employer also owns the site where the asset will be constructed.
For project-financed infrastructure, the participants and responsibilities differ slightly. In this model, a Project Co (usually a special purpose entity) is established to procure the infrastructure project. The Project Co enters into an agreement...
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 ]...