Relevant contract Definition

GLOSSARY

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What does Relevant contract mean?

(1) In this Part “relevant contract” means— (a) an option, (b) a future, or (c) a contract for differences. (2) For the meaning of “option”, “future” and “contract for differences”, see sections 580, 581 and 582 respectively

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Resolutions required to be filed with Companies House—checklist

Resolutions required to be filed with Companies House—checklist Resolutions under the Companies Act 2006 The Companies Act 2006 (CA 2006) specifies certain matters that must be effected by ordinary resolution (ie simple majority) passed by the members of a company, eg the removal of a director. CA 2006 also specifies certain matters which must be effected by special resolution of the company or where the relevant threshold for effecting a matter is 75%. For more information about resolutions, see Practice Note: Member resolutions. Not every resolution passed by the members of a company needs to be filed at Companies House. CA 2006, Pt 3, Ch 3 specifies when resolutions are to be filed with the registrar of companies (ie Companies House). The table below sets out resolutions that are required under CA 2006 to be filed with Companies House. Resolution/threshold requirement Matter Regulation in relevant SI/section in CA 2006 Special resolution Any special resolution (for a list of special resolutions, see checklist: Special resolutions and other resolutions requiring 75%...

Preparing a building contract for signature—checklist

Preparing a building contract for signature—checklist This Checklist can be used when preparing a building contract for signature. It is designed to help avoid errors when preparing or checking construction documents before they are signed by the parties and completed. • Consistency with other documents From the outset, liaise with the member of the professional team responsible for preparing contract documents such as Preliminaries and Employer’s Requirements to ensure that these are consistent with the schedule of amendments and accurately reflect the intentions of the parties. For more on drafting a building contract, see: Drafting a building contract/schedule of amendments—checklist. • Details of the parties Include full details for all contracting parties—the full company name and address, plus the registered company number (if any) as company names may change in future. Confirm the details are correct at Companies House (if applicable). • Contract Particulars Review the Contract Particulars (where a JCT contract is being used), or Contract Data (where an NEC contract is used), or other relevant contract details section...

Nursing and residential care contracts

Nursing and residential care contracts When entering a care home, the future relationship between the new resident and the administrators of the home should be governed by the terms of a contract between them. If the resident is self-funded, this is particularly important. Unfortunately, if they are not self-funded and are relying on local authority-funded accommodation, they will not be a party to the contract, though they will still be entitled to see a statement of terms and conditions. There are two elements that the practitioner should consider: • whether the contract covers all relevant areas • whether any term can be considered unfair The contract After many years' concern over the quality of care homes, the Care Standards Act 2000 (CSA 2000) modernised the regulatory system for care services and independent health care. In particular, National Minimum Standards, which apply to all care homes providing accommodation and nursing or personal care, were introduced as a result of CSA 2000 by the appropriate minister. These are amended...

Construction Pre-Action Protocol—letters of claim, response and meetings

Construction Pre-Action Protocol—letters of claim, response and meetings This Practice Note considers the requirements of the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) which must be complied with before parties can commence proceedings in respect of construction or engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors). These requirements include the provision of a letter of claim, letter of response and reply to any counterclaim, as well as attendance at a without prejudice meeting. Guidance and practical considerations for each step are also covered, as well as other provisions in the Protocol, such as objections to jurisdiction, the use of expert evidence, and the ability to extend the time for compliance. A summary of the key steps that the parties must undertake is also set out in: Key steps for compliance with Construction Pre-Action Protocol—checklist. It is important to be aware that the parties do not need to follow the process prescribed by the Protocol if they agree not to,...

Discover our 241 Practice Notes on Relevant contract

Contractor’s programme clause

Contractor’s programme clause Contractor’s programme 1 Within seven days of the date of this Contract the Contractor shall without charge produce to the Employer a programme for carrying out the Works [detailing the critical path and] including any details and information required by the [insert relevant contract document eg Employer’s Requirements if JCT Design and Build form used]. At monthly intervals thereafter

Part 26A restructuring plan for SMEs

Part 26A restructuring plan for SMEs IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMPANIES LIST (CHD) IN THE MATTER OF [insert name of the Company] AND IN THE MATTER OF THE COMPANIES ACT 2006 BETWEEN [insert name of the Company] and THE PLAN CREDITORS [AND MEMBERS] (as defined herein) RESTRUCTURING PLAN (under Part 26A of the Companies Act 2006) DATED [insert date] RECITALS The Company (A) [Insert name of the Company] is a [private] limited company, incorporated in [England and Wales] with company number [insert company number] and office at [insert address] (the Company) Purpose of the Restructuring Plan (B) The purpose of this Restructuring Plan is to affect a compromise and arrangement between: [(i)] the Company and the Plan Creditors; [and (ii) the Company and the Members], in order to eliminate, reduce or prevent, or mitigate the effect of financial difficulties encountered [or likely to be encountered] by the Company that are affecting, or will...

Dive into our 63 Precedents related to Relevant contract

Which price index is most appropriate for use as a reference point in a price review clause for a manufacturing agreement? Are the Services Producer Price Index or Producer Price Indices appropriate? Are there any ways of linking price review clauses to accurately reflect changes in the price of raw materials and/or manufacturing costs?

Which price index is most appropriate for use as a reference point in a price review clause for a manufacturing agreement? Are the Services Producer Price Index or Producer Price Indices appropriate? Are there any ways of linking price review clauses to accurately reflect changes in the price of raw materials and/or manufacturing costs? A price variation clause is often included in a contract where the parties wish to cover inflation risk in respect of a price contained within the contract. Such clauses typically reference the price index to which any variation in price for the goods and service provided under the contract should be calculated (and an applicable date or period against which the index is applied to the base price). See Precedent and accompanying Drafting Notes: Price variation clauses. It is a matter of commercial negotiation which index is applied to a price variation clause, and it is advisable to seek the instructions of any client stakeholders who have a commercial interest in the...

Where a subsidiary is sold, and a parent company guarantee is not released or novated to the new parent company, is the ‘old’ parent company still liable for its former subsidiary’s performance under the guarantee?

Where a subsidiary is sold, and a parent company guarantee is not released or novated to the new parent company, is the ‘old’ parent company still liable for its former subsidiary’s performance under the guarantee? Guarantees are given by a guarantor (in this case, the parent company) in favour of a third-party beneficiary in respect of the obligations owed by another party (in this case, the subsidiary) to that beneficiary. In general, parties are named parties and the starting point is that the guarantee is given until the obligations of the obligor are satisfied under the relevant contract or the beneficiary releases the guarantor from the guarantee. For further information, see Practice Note: Guarantees and indemnities—general contract. However, a guarantee will be enforceable in accordance with its terms and it is therefore important to check the guarantee to ascertain whether liability of the parent guarantor is limited in time or expressed or intended to be given by the parent company only during a period when the parent...

See the 57 Q&As about Relevant contract

Questions & unsatisfactory answers—the European Commission publishes guidance on the importer requirements of the EU Methane Regulation

EU Law analysis: Alex Kerr, partner at Baker Botts LLP, examines the European Commission’s Q&A document on the importer requirements of the EU Methane Regulation.

Court rejects attempt to limit contractual design responsibility where design provided was insufficiently progressed (Workman Properties v ADI Building and Refurbishment)

Construction analysis: The Technology and Construction Court (TCC) considered a Part 8 application brought by a losing party in an adjudication where declarations were sought as to the extent of a Contractor’s design responsibility under a JCT Design & Build Contract. The TCC held that although there was a ‘warranty’ contained within the Employer’s Requirements stating that the design would be developed up to RIBA Stage 4/4(i), this did not negate the contractor’s overall responsibility for design contained in the contract and thus did not entitle the contractor to a variation, time or additional money in completing the design.

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