"In some areas of research there were also significant time savings. You get to what you are looking for more quickly, which all goes to the value of the product."
Harper Mcleod
Access all documents on Waiver
In the law of contract, the term 'waiver' is most commonly used to denote the granting of a concession by one party to a contract by not insisting on the precise performance by the other party of a duty under the contract, whether before or after any breach of the term waived.
Alternatively, waiver is seen as a party giving up its rights to take action or enforce its rights under a contract and thereby obliging the other party to perform its obligations.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...
Due diligence—head lease use provisions—checklist On any due diligence exercise on the acquisition of a leasehold property it is essential to consider the permitted use, any breaches of the permitted use and the ability of the tenant to change use. Any provisions that are unduly restrictive may have an adverse impact on value or the ability of the buyer to secure finance or dispose of their interest. What is the permitted use? If there is no specific restriction in the lease, the buyer will be free to use the property as they please. However, most leases provide that the tenant may only use the property for a specific purpose or purposes. The relevant clause of the lease should be checked and reported on to the buyer. If the use permitted by the lease does not cover the buyer’s proposed use of the property, advise the buyer at the earliest opportunity. Consider making the purchase of the property conditional on the appropriate consent to the buyer’s use being obtained. The consequences...
Discover our 90 Checklists on Waiver
This Practice Note explains the nature of waiver and release in the context of commercial contracts, the distinction between the two and the clauses which deal with waiver (also known as a ‘no-waiver’ clause) and release. The waiver clause is generally recognised as one of the boilerplate clauses of an agreement and its purpose is to prevent inadvertent waiver of legal rights from being effective, including the right to terminate following a breach of contract.What does ‘waiver’ mean?In the law of contract, the term ‘waiver’ may have different meanings but is most commonly used to denote the granting of a concession by one party to a contract, whereby it does not insist on the precise performance by the other party of a duty under the contract, whether before or after any breach of the term being waived. For further details of other possible meanings, see: Waiver: Halsbury’s Laws of England [251].Types of waiverWaiver may be express or implied from conduct. In either case it must amount to an unambiguous representation...
Statement of Changes in Immigration Rules, HC 1534—analysis [Archived] This analysis considers the main changes to the Immigration rules (the Rules) set out in HC 1534. HC 1534 was issued on 11 October 2018, along with an Explanatory Memorandum (EM). It covers the following changes of interest to immigration advisers: • expansion of the EU Settlement Scheme pilot, and introduction of the Administrative Review scheme for refusals made under Appendix EU • removes mention of Premium Service Centres ahead of the roll out of the new Sopra Steria contract • changes to the requirement to provide original documents, so that these are no longer mandatory for most applications • changes to evidential flexibility, enabling the Home Office to use this more flexibly and in a wider range of applications, and • new Rules for unaccompanied children who were transferred to the UK following closure of the Calais camp to apply for limited and indefinite leave to remain It is possible to navigate to specific topics quickly using...
Discover our 1067 Practice Notes on Waiver
Short-form facility agreement (term loan): single company borrower—bilateral—unsecured Facility agreement This Agreement is made on [date] Parties 1 [insert name of Borrower], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (the Borrower); and 2 [insert name of Lender], of [insert address] (the Lender). It is agreed as follows: 1 Definitions and interpretation 1.1 In this Agreement, unless otherwise provided: Business Day • means a day, other than a Saturday, Sunday or public holiday, on which banks are open for business in London; Commitment • means £[•] ([•] Sterling) minus any amount reduced or cancelled in accordance with this Agreement; Commitment Period • means the period commencing on the date of this Agreement to and including [•]; Default • means an event that with the giving of notice, lapse of time or other applicable condition would be an Event of Default under Clause 16; Drawdown • means [the OR a] utilisation of the...
Music publishing agreement—pro-publisher This Agreement is made on [date] Parties 1 [Insert name of Publisher] a company incorporated in [England] with registered number [company number], whose registered office is at [address] (Publisher); and 2 [Insert name of Writer] of [insert address] (Writer). Background (A) The Writer is a composer of musical works and/or an author of lyrics of literary works; (B) The Publisher is engaged in the business of music publishing throughout the Territory and has, inter alia, facilities for the administration and exploitation of musical works; and (C) The Publisher wishes to acquire and the Writer wishes to grant to the Publisher the exclusive right to the Writer’s share of the Compositions, subject to the terms of this Agreement. It is agreed as follows: 1 Definitions and Interpretation 1.1 In this Agreement: Accounting Period • means each six monthly period ending on 30 June and 31 December; Advance • means all monies paid to the Writer by the Publisher other than royalties. Such...
Dive into our 588 Precedents related to Waiver
What are unitranche facilities? What is a unitranche facility? Leveraged finance transactions are traditionally funded by a mixture of equity, senior debt, mezzanine debt and/or bonds. A unitranche facility is effectively a blend of the senior and mezzanine portion of the financing although it can sometimes covers part of the equity too. Therefore, instead of two facilities agreements, covenant packages, sets of security documents etc, only one is required. Unitranche facilities are more common on mid-market deals. What are the typical terms of a unitranche facility? Unitranche facilities differ from deal to deal but some typical features are: • the facility will be in the form of a term loan; if a revolving credit facility (RCF) is also required it will normally be documented in the same agreement and share the same security package • bullet repayment or possibly with a back ended amortisation schedule • higher margin than senior debt but lower margin than mezzanine debt; margin may be a mixture of cash and PIK...
What is the common law position where a supplier of a service erroneously undercharges a customer for that service (eg due to miscalculation of the amount of service used at the fault of the supplier)? Is the supplier entitled to back-bill a customer for historic supplies which it has undercharged for, and is the customer obliged to make further payments? Is there any time limit? In answering this question, we have assumed that you are referring to a services agreement between two businesses in an unregulated supply sector. The ability to recover sums under a commercial contract will depend on the terms of the contract relating to calculation of payments, invoicing and dispute resolution. For general information, see Practice Note: Price, payment terms and interest. If the contract introduces a process for agreeing invoices for services and agreeing these invoices as ‘final’ for parts of the work there is likely to be no right to go back to recover errors, regardless of the error. The nature of...
See the 312 Q&As about Waiver
Employment analysis: Where a claimant has failed to comply with the early conciliation (EC) requirement but the employment tribunal did not reject the claim under either Rule 10 or 12 of the ET Rules 2013 (now Rules 12 or 13 of the ET Rules 2024), the tribunal should not reject the claim at a later stage, eg during case management. In these circumstances, the tribunal can consider whether to dismiss or strike out the claim under Rule 27 or 37 (now Rules 28 or 38 of the ET Rules 2024). However, on a proper construction of section 18A of the Employment Tribunals Act 1996 (ETA 1996), the claimant’s failure to comply with the EC requirement did not deprive the tribunal of jurisdiction to hear the claim. The decision of HHJ Shanks in Pryce v Baxterstorey [2022] EAT 61, which reached the opposite conclusion on the impact on jurisdiction, was manifestly incorrect, according to the Honourable Mr Justice Swift in the EAT.
Refugee and Migrant Forum of Essex and London (RAMFEL) has published a blog updating on their litigation against the Home Office on the difficulties individuals face when proving Section 3C leave. This follows the judgment made by the Court of Appeal which granted the Home Office’s request to pause (or ‘stay’) the requirement to roll out digital status to everyone on section 3C leave straight away. Despite this outcome, RAMFEL highlights that the RAMFEL & Adjei case confirmed that individuals on section 3C leave are entitled to digital proof of their status. RAMFEL advises that although there is a ‘stay’ in place individuals on section 3C leave who are  a experiencing or likely to experience hardship due to the inability to prove their immigration status or rights, such as the right to work or rent, still have the right to request a digital method to prove their status from the Home Office. The Home Office should consider the request, even while they are appealing the judgment.
Read the latest 1310 News articles on Waiver
**Trials are provided to all ³ÉÈËÓ°Òô content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ³ÉÈËÓ°Òô services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234