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Ireland—Contract variation—checklist This Checklist sets out the issues to consider when drafting a variation document to vary an underlying agreement. For a ‘how to’ guide on varying commercial contracts which signposts relevant content, see Practice Note: Ireland—How to vary a contract. Parties may consider contract variation for a number of reasons. For template variation documents, see Precedents: • Ireland—Variation agreement • Ireland—Deed of variation Variations can be drafted in letter form and this may be sufficient where the amendments are minor. Duplicate copies of the letter should always be provided and it is important to ensure that it is signed and returned before the variation is due to take effect. See Precedent: Ireland—Letter of variation. If the variation is solely to extend the term of the original contract, see Precedent: Ireland—Letter of extension. This Checklist is intended for use when varying a business-to-business agreement. Issues to consider The table below sets out the issues to consider when varying an agreement, including preliminary considerations, the difference between using a simple contract...
Maternity and other statutory family leave: the pension requirements—checklist Legislation protects the pension rights of members of occupational pension schemes and other employment-related benefit schemes (such as workplace personal pension schemes to which the employer contributes) who are absent from work due to a period of statutory family leave. Periods of statutory family leave include maternity leave, paternity leave, adoption leave, parental leave, shared parental leave, parental bereavement leave, and carer’s leave. Maternity leave • occupational pension schemes are deemed to contain a maternity equality rule which requires them to treat time when members are on maternity leave in the same way as time when they are not on maternity leave. The maternity equality rule applies to periods of paid and unpaid ordinary maternity leave (OML) and paid additional maternity leave (AML) • under the maternity equality rule, periods of OML and paid AML in a defined benefit (DB) scheme therefore count as pensionable service. More generally, while employers are required to continue paying contributions as normal during periods of...
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The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and their impact on costs and funding This Practice Note highlights key issues for solicitors arising out of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 in relation to costs and funding. The Practice Note is intended to highlight the key issues for solicitors arising out of the regulations in relation to costs and funding. It is not intended to review these regulations more generally. It covers three different types of contract being distance, off-premises and on-premises along with issues to be considered. Prior to CCR 2013 coming into force the following regulations applied—Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 (Cancellation Regulations 2008), SI 2008/1816 and the Consumer Protections (Distance Selling) Regulations 2000, SI 2000/2334. It should be noted that following the UK's departure from the EU, CCR 2013, SI 2013/3134 continue to apply, but the following minor amendments are made to the...
CPR changes—April 2014 [Archived] ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. THIS PRACTICE NOTE HAS BEEN UPDATED IN LINE WITH SI 2014/867, PUBLISHED ON 2 APRIL 2014. April 2014 sees a number of changes to the CPR rules and practice directions over a number of different dates. Here, we set out a quick summary followed, for convenience, by the CPR changes in table format so the date on which changes occur are clear. The changes are made under SI 2014/407 unless stated otherwise. The SIs coming into force There are currently four SIs which are bringing changes to the CPR into force. It is anticipated that there will be a further one to deal with the new 28...
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Using client account as a banking facility—case studies We must not use a client account to provide banking facilities to clients or third parties. This is a strict requirement of rule 3.3 of the SRA Accounts Rules, which applies to our general client account and any separate designated client accounts. Allowing our client account to be used as a banking facility carries the risk that we may assist money laundering or similar offences. You must be aware of and comply with our policy on anti-money laundering (AML), counter-terrorist financing (CTF) and counter-proliferation financing when receiving client or office money. [This includes our separate policy on receiving cash.] The SRA can impose heavy penalties for breach of rule 3.3. There does not need to be a direct risk of money laundering, etc or any suggestion of impropriety. A breach of rule 3.3 in itself is sufficient for the SRA to impose a penalty on the firm and/or any individuals involved. We must only receive money into our client account where...
Contract for sale (residential)—freehold, vacant possession Date [date] Parties 1 [name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ([together] Seller) 2 [name of (first) Buyer] [and [name of second Buyer] both] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] ([together] Buyer) 1 Definitions In this Agreement, the following definitions apply: Actual Completion Date • the date on which the Transfer is actually completed; Buyer’s Solicitors • [name] of [address] reference [details]; [Charge[s] • the charge[s] appearing at entry number [number] [and [number]] in the charges register of title number [number] as at [date of official copy entries];] Completion Date • [date]; [Contents • the items listed in Appendix 1;] [Contents Price • [amount in words] pounds (£[amount in figures]);] Deposit • [number]% of the Price; Documents • the documents identified in Schedule 2;...
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If there is a fixed charge over agricultural equipment but the instrument contains wording to the effect that the schedule may be amended from time to time, then upon an amendment is there a new charge created or does the original charge continue or may the charge actually be a floating charge? Depending on the type of amendment being made, amending a charge carries several risks. In particular, a liquidator or administrator could argue that new security has been created, which may result in the security being set aside. As a result, it is often seen as safer to put a new security document in place and leave the existing security un-amended. In addition, as you have rightly indicated, changing the terms of a fixed charge could risk it being re-characterised as a floating charge. Please see our Practice Note: Fixed and floating charges for more information. In the event an existing charge is extended to new or replacement facilities, then it is likely that a...
What legislation has replaced sections 108 and 109 of the Anti-terrorism, Crime and Security Act 2001? Effect of sections 108 and 109 of the Anti-terrorism, Crime and Security Act 2001 Sections 108 and 109 of the Anti-terrorism, Crime and Security Act 2001 (ACSA 2001) were passed to expressly give extra territorial effect to the common law corruption offence and offences under the Prevention of Corruption Acts. ACSA 2001, s 108: • provided that for the purposes of any common law offence of bribery, it was ‘immaterial if the functions of the person who receives or is offered a reward have no connection with the UK and are carried out in a country of territory outside the UK.’ • amended the section 1 offence under the Prevention of Corruption Act 1906 (PCA 1906) to enable the offence to be committed even where the principle’s affairs or business (or the agent’s functions) did not have any connection to the UK or were conducted outside of the UK • amended the definition...
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The Ministry of Housing, Communities and Local Government (MHCLG), together with Matthew Pennycook MP, has launched a comprehensive consultation to implement Part 4 of the Leasehold and Freehold Reform Act 2024 (LFRA 2024) and introduce additional reforms to protect leaseholders in England and Wales. The consultation proposes a number of measures, including new standardised service charge documentation (encompassing annual reports and demand forms), enhanced transparency for building insurance policies and associated costs, and a rebalancing of the litigation costs regime, whereby landlords must obtain court or tribunal approval before recovering such costs from leaseholders.
Chair of the Home Office Independent Review of Disclosure and Fraud Offences, Jonathan Fisher KC has published an update outlining the progress of the review's second phase. The update identifies three focus areas: whistleblowing mechanisms for fraud detection, sentencing reform and technological/legislative changes. Fisher reports consulting over 120 stakeholders across the justice system and plans to submit final recommendations to the Home Secretary by end-2025. The review examines the Fraud Act 2006's effectiveness for internet fraud cases, which now constitute 43% of all recorded crime in England and Wales.
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