Pinsent Masons
WEBMultinational law firm Pinsent Masons has been appointed by The Hong Kong Institute of Architects, Hong Kong Institute of Construction Managers and The Hong Kong Institute of Surveyors to assist with the drafting of a new generation of the standard forms of building works contracts for Hong Kong last updated in 2005/2006. Multinational law firm ...
Assignment and novation - Pinsent Masons
WEBAug 19, 2011 · If you want to transfer the burden of a contract as well as the benefits under it, you have to novate. Like assignment, novation transfers the benefits under a contract but unlike assignment, novation transfers the burden under a contract as well. In a novation the original contract is extinguished and is replaced by a new one in which a third ...
Basic guide to TUPE - Pinsent Masons
WEBJan 6, 2023 · TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.
Jurisdiction and choice of law clauses in international contracts
WEBOct 27, 2022 · Jurisdiction refers to the geographical limits of a court’s authority, which is not necessarily the same as national boundaries. Jurisdiction clauses, therefore, relate to which courts will hear a dispute. Parties should carefully consider how the court system operates in different countries when negotiating jurisdiction clauses.
Limitation periods under English law - Pinsent Masons
WEBAug 2, 2011 · Limitation periods under English law. A limitation period is the period of time within which a party to a contract must bring a claim. In construction contracts, limitation periods are often relevant in relation to defects claims brought against contractors. Most construction contracts provide for a 'defects liability period', which may run ...
Advance payments under construction contracts - Pinsent Masons
WEBMar 19, 2021 · Contracting for advance payments. The nature of an advanced payment is determined by the manner in which the contract is drafted. In most cases, the advance payment is simply an interest free loan since it is paid at a time when no value is received by the client in return. The loan is then repaid as the works are executed (or services are ...
Competition law - the basics - Pinsent Masons
WEBDec 1, 2020 · Competition law - the basics. 01 Dec 2020, 2:46 pm. Follow Competition, EU & Trade. Firms involved in anti-competitive behaviour may find their agreements to be unenforceable and risk being fined up to 10% of group global turnover, as well as exposing themselves to possible damages actions. Individuals could also find …
Conditional fee agreements and damages based agreements
WEBFeb 3, 2023 · The DBA percentage fee for solicitor fees, counsel fees and VAT is paid by way of deduction from the sum recovered (damages) from the losing party. In employment claims the DBA fee is up to 35% of the sum recovered for solicitors’ fees and VAT. All other disbursements (including expert fees) and expenses are payable by the client in …
UK copyright law: the basics
WEBJun 21, 2024 · In the UK, provided the work is 'original', copyright will arise automatically as soon as the work is created and fixed in material form without any need for registration. It is important to note that ideas are not protected by copyright; only the expression of those ideas as fixed in a material form are protected.
Subcontracting under construction contracts - Pinsent Masons
WEBJun 29, 2021 · A subcontractor is a party which agrees to perform part or all of the obligations of another party (main contractor) under a separate contract (master contract) with the ultimate employer (employer). The subcontractor will usually be engaged by a main contractor to perform a specific task as part of the master contract.