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View the related checklists about Privity of contract

Landlord steps to take if tenant becomes insolvent—checklist

Landlord steps to take if tenant becomes insolvent—checklist This Checklist covers issues that a landlord should consider in the event of tenant insolvency, including the remedies available to the landlord such as Commercial Rent Arrears Recovery (CRAR), forfeiture, drawing down on a rent deposit, and pursuing former tenants, guarantors and sub-tenants. It also covers practical points for a landlord to consider in relation to securing and marketing the property and contacting the insolvency practitioner. What type of insolvency scenario applies to the tenant? Dependent on the type of insolvency arrangement that applies, there are different remedies available to the landlord and different restrictions will apply. For a table summarising the restrictions, see Practice Note: Quick guide to property insolvency—Insolvency of a tenant. Has contact been made with the insolvency practitioner? It is important to contact the relevant insolvency practitioner to assess the position the tenant is in and what, if any, chance there is of any debts being repaid, future rents being secured or the tenant recovering from the insolvency...

View the related practice notes about Privity of contract

Third party rights—the common law doctrine of privity of contract

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third party. For guidance on contracts and third parties more generally and on the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), respectively, see Practice Notes:•Contracts and third party rights•Third party rights—the Contracts (Rights of Third Parties) Act 1999What does privity of contract mean?'Privity of contract' is a common law doctrine, which provides that you cannot either:•enforce the benefit of, or•be liable for any obligation undera contract to which you are not a party.Therefore, at common law, if your client is not a party to a contract (ie they are a third party) then they cannot sue or be sued under that contract.Example:A promises to B that they will pay a sum of money to C—C cannot sue A for that sum...

Art law—authenticity, provenance and attribution of artworks

Art law—authenticity, provenance and attribution of artworks ‘The attribution of works of art to particular artists is often a matter of great controversy’ (per Sir Raymond Evershed MR). The value of the art market continues to grow, and the attribution of a work to a particular individual can have a dramatic impact on its sale price. As Jordan Holland, a barrister involved in the art law area has said in an article on this subject: ‘ … a desirable attribution has the capacity to raise the price of a piece from tens of thousands of pounds to tens of millions of pounds. When this is taken together with the influx of new collectors, buyers and art investors into the market it is hardly surprising that the court is being asked to consider the attribution of art and cultural property on an increasingly frequent basis. In doing so, it is required to answer questions which are different from those with which it is usually faced’. See: The approach of the English...

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Notice to Former Tenant or Guarantor of Intention to Recover Fixed Charge (Landlord and Tenant (Covenants) Act 1995, Section 17)

Notice to Former Tenant or Guarantor of Intention to Recover Fixed Charge (Landlord and Tenant (Covenants) Act 1995, Section 17) Notice to Former Tenant or Guarantor of Intention to Recover Fixed Charge (Landlord and Tenant (Covenants) Act 1995, Section 17) To: [insert full name of tenant or guarantor] of [insert address] Important—the person giving this notice is protecting the right to recover the amount(S) specified from you now or at some time in the future. There may be action which you can take to protect your position. Read the notice and all the notes overleaf carefully. If you are in any doubt about the action you should take, seek advice immediately, for instance from a solicitor or citizens advice bureau. 1 This notice is given under section 17 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) (see Note 1) 2 It relates to [insert address and description of the property] let under a lease dated [insert the date in its full format DD-Month-Year] and made between [insert...

Ireland—EU GDPR—2021 standard contractual clauses (SCCs) for the transfer of personal data to third countries—module one—controller to controller

Ireland—EU GDPR—2021 standard contractual clauses (SCCs) for the transfer of personal data to third countries—module one—controller to controller This Precedent contains a template of ‘module one’ of the EU Standard Contractual Clauses (also known as the Model Clauses or SCCs) introduced by Commission Implementing Decision (EU) 2021/914 (the 2021 EU SCCs) for the transfer of personal data from a data controller subject to the EU’s General Data Protection Regulation (EU) 2016/679 (EU GDPR), and which has its only or main establishment in the EU (for the purposes of the EU GDPR) in Ireland, to a data controller outside the EEA that is not subject to the EU GDPR. These SCCs may also be used when the exporting controller is not established in any EU Member State, but is subject to the extra-territorial scope of the EU GDPR and must therefore use the SCCs for transferring in-scope personal data. As the SCCs must be governed by the law of (and be subject to the jurisdiction of) an EU Member State, Ireland...

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Where a settlement agreement provides for the employer to make a contribution to the employee’s legal costs, payable direct to the employee’s law firm, can the law firm bring proceedings against the employer if it fails to pay?

Where a settlement agreement provides for the employer to make a contribution to the employee’s legal costs, payable direct to the employee’s law firm, can the law firm bring proceedings against the employer if it fails to pay? For information on: • the legal requirements that must be met for a settlement agreement to be binding and valid to settle statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements • the practical issues that typically arise in relation to a settlement agreement, see Practice Note: Settlement agreements in employment—practical and tax issues Contribution to legal costs A settlement agreement will typically provide for the employer to make a contribution to the employee’s legal costs. For general information on payment of legal fees incurred by an employee in relation to a settlement agreement generally, see the section of Practice Note: Settlement agreements in employment—practical and tax issues entitled ‘Payment for legal advice’. For a sample clause in the settlement agreement dealing with payment of legal fees, see Clause 13.2...

Pursuant to an agreement for lease, a landlord is constructing a building for the tenant and has provided collateral warranties to it from the professional team. The landlord is now intending to mortgage the freehold simultaneously with completion of the lease at practical completion. Does the landlord need to procure new collateral warranties in favour of the bank as presumably the tenant wouldn’t permit assignment of those in its favour? Also, there is a novation agreement attached to the consultant’s letter of appointment (allowing for novation to the contractor)—how will this sit with the lender?

Pursuant to an agreement for lease, a landlord is constructing a building for the tenant and has provided collateral warranties to it from the professional team. The landlord is now intending to mortgage the freehold simultaneously with completion of the lease at practical completion. Does the landlord need to procure new collateral warranties in favour of the bank as presumably the tenant wouldn’t permit assignment of those in its favour? Also, there is a novation agreement attached to the consultant’s letter of appointment (allowing for novation to the contractor)—how will this sit with the lender? This Q&A considers the likely approach that a lender will take in respect of collateral warranties and novation, in the context of a landlord constructing a building to be leased to a tenant, where the landlord wishes to obtain a mortgage over the freehold. As a result of the doctrine of privity of contract, collateral warranties are often necessary in construction projects in order to protect third parties with an interest...

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Commercial weekly highlights—13 June 2024

This week's edition of Commercial weekly highlights includes: publication of the Court of Appeal decision in Eternity Sky Investments Ltd v Zhang which considers the definition of consumer within the meaning of the Consumer Rights Act 2015, publication of the decision in Kulkarni v Gwent Holdings which considers whether a repudiatory breach is capable of remedy, and commentary on VT, UR v Conny GmbH Case C-400/22 which considers the requirement under the EU Consumer Rights Directive that for distance contracts the trader must ensure that when a consumer places their order the consumer explicitly acknowledges that the order implies an obligation to pay.

Ireland—contracts and the rights of third parties—new developments

Ireland-Commercial analysis: Introduced as a Private Members Bill, the introduction of the Law Reform (Contracts) Bill 2024 to Ireland's Oireachtas in March 2024 is a step towards aligning Irish contract law with evolving jurisprudence around the enforceability of third-party rights in contracts. Matthew Van Der Want, senior associate, and Dominic Conlon, partner, of Ogier discuss the Bill.