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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist This Checklist provides an overview of the questions to be asked when determining: • which system of law is applicable to a contract of employment or employment relationship (applicable law) • whose courts and/or tribunals should decide an employment case (jurisdiction), and • how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...
Time limits for filing returns and paying tax—table FORTHCOMING CHANGE related to Making tax digital: As part of the government’s wider Making Tax Digital (MTD) programme: • subject to limited exceptions and deferrals, businesses within the scope of income tax and landlords will be required to submit quarterly digital updates to HMRC about their income and outgoings and returns in digital compatible formats with effect from April 2026, April 2027 or April 2028 for those with income in excess of £50,000, £30,000 or £20,000 respectively, and • the previous government consulted from 12 November 2020 to 5 March 2021 on the design for extending MTD to corporation tax on a voluntary basis from 2024 and a mandatory basis not before 2026, for more detail see News Analysis: Further provisions for draft Finance Bill 2021—Tax analysis—Business and enterprise The 2020 10 year roadmap for digitalising tax administration is explained in more detail in News Analysis: Making tax digital—getting on the virtual road. MTD for VAT has applied to...
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Claims under the FIDIC Red and Yellow Books 2017 (clause 20.2)—flowchart This flowchart sets out the process for claims by the Contractor or Employer under clause 20.2 of the FIDIC Red and Yellow Books 2017, which applies to: • claims by the Employer for: ◦ additional payment or a reduction in the Contract Price, and/or ◦ an extension of the Defects Notification
Interim payment in JCT Standard Building Contract 2011—flowchart [Archived] ARCHIVED: This flowchart has been archived and is not maintained. This flowchart illustrates the interim payment
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Reporting on the findings of the due diligence review in a private equity buyout transaction This Practice Note is part of the Lexis+® UK Corporate private equity buyout transaction toolkit. The reporting process Each adviser engaged to conduct due diligence should both report their key findings (especially any key issues and problems) as they are discovered and also then prepare a due diligence report to highlight material issues arising from their review exercise. The advisers’ engagement letters should set out the agreed timing, form and content of the due diligence report. Draft or interim reports may be prepared and circulated periodically throughout the process, so that material issues can be dealt with as they arise. Often, by the time the final report is submitted to the private equity investor, the investor will be aware of all material issues which may affect the transaction. The purpose of a legal due diligence report is to: • give the investor sufficient information about the target and to summarise that information...
FIDIC contracts (pre-2017 editions)—variations This Practice Note examines variations under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. For detail on variations under the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—variations. Introduction Under all the FIDIC forms of contract the employer is entitled to vary the works by the issue of variations at any time before the issue of the Taking-Over Certificate (the Commissioning Certificate under the Gold Book) without the need for the contractor's agreement. However, the issue of a variation may entitle the contractor to additional payment and extra time within which the contractor must complete the works as varied. Under all the FIDIC forms of contract, variations are primarily governed by clauses 13.1 to 13.3, which set out the right to vary the works and the procedure to be followed. What is a variation? A variation is defined as: • 'any change to the Works, which...
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Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...
Application letter—deferral of SDLT on contingent or uncertain consideration [ To be printed on headed notepaper of applicant including full contact details ] HMRC SDLT Deferment Applications [[insert relevant HMRC address]] United Kingdom Dear HMRC Deferral of stamp duty land tax (SDLT) [Insert name of purchaser] UTRN: [insert UTRN of form SDLT1 tax return if already prepared] [We OR I] write to apply for deferral under section 90 of the Finance Act 2003 in respect of SDLT due on [the acquisition disclosed by the above SDLT1 return OR an acquisition of a chargeable interest by [name of purchaser]]. Details of the transaction and the deferral sought are set out in the table below in accordance with HMRC guidance provided in SDLTM50910. The effective date of the transaction [was [insert date] OR has not yet passed but is expected to occur [before [insert date] OR on or around [insert date]]. This application is submitted before completion to maximise the time available for you to consider...
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If a solicitor agrees to charge a fixed fee for a piece of work but then does not carry out all the work which was envisaged in the original engagement letter, is he/she still entitled to charge the full fixed fee or is he only entitled to charge for the work actually carried out? Where a solicitor and client have a fixed fee engagement but not all work set out in the engagement is completed, the solicitor’s right to charge fees will depend on the specific terms of the engagement and any other terms of business. For example, the terms of engagement may include an abortive fees clause (ie where the solicitor is entitled to charge certain fees if the client terminates the engagement) or a clause specifying how fees will be calculated where there is partial completion of the engagement. It will also be important to consider whether or not payment of the fixed fee is dependent on completion of the engagement or not. See the...
How does the JCT Design and Build Contract 2024 address liability under the Defective Premises Act 1972? The Defective Premises Act 1972 (DPA 1972) imposes statutory duties on parties providing works and services in relation to dwellings (ie residential properties). Specifically, under DPA 1972, a person who takes on work: • for, or in connection with, the provision of a dwelling (DPA 1972, s 1(1)), or • in relation to a building containing one or more dwellings (DPA 1972, s 2A), owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, and with proper materials, so that on completion of the work the dwelling is ‘fit for habitation’. The persons who owe these duties (ie, those taking on the works) include contractors, designers and property developers providing works and services in relations to dwellings. The parties to whom the duties are owed include those with legal or equitable interests in the affected dwellings, such as purchasers or...
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The Health Research Authority (HRA) has outlined new legal requirements for clinical trials coming into force in spring 2026. The regulations will make it mandatory for researchers to register trials in public registries, publish results within 12 months of completion, and share findings with participants in an accessible format. The HRA reports current voluntary registration compliance at 92%, with commercial trials showing higher rates than non-commercial studies. The authority is developing guidance with the Medicines and Healthcare products Regulatory Agency to support implementation, including provisions for exemptions in cases such as national security.
A round-up of EU competition law developments, including (amongst other things) the publication by the Commission of its second annual report on the Digital Markets Act.
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