The claims were difficult to establish because of lack of
proper contractual documentation and complex issues of construction to overcome in relation to the agreements that did exist.
The only relevant words or conduct PAG could point to in this respect was the reference to the # 3m LIBOR rate in the
draft contractual documentation proffered by RBS.
They confirmed that in a situation where a court or tribunal
considers contractual documentation does not reflect the reality of an arrangement, then the court is entitled to disregard the terms and labels used in those written agreements and establish the true agreement.
I have been involved in a wide range of different engagements, including vendor due diligence engagement, buy - side due diligence projects, development projects and industrial constructions, leases of large industrial or commercial areas, acquisitions,
other contractual documentation, and also in financing.
Natasha drafts and
negotiates contractual documentation, including non executive and executive service agreements, consultancy agreements, post termination restrictions, confidentiality agreements, employee handbook policies and procedures and bonus and commission schemes.
Here, Elias P quotes from Tanton but construes it more as a «departure from reality» test, which may be easier for a claimant to satisfy — and note the possible parallel with the not dissimilar approach of the EAT under Judge Richardson in MOD v Kettle [2007] UKEAT / 308/06
where contractual documentation which bore no resemblance to the relationship actually entered into was disregarded.
Natalia has extensive experience in a variety of commercial disputes including contractual disputes arising out of SPAs and
related contractual documentation, shareholders» agreements, investment agreements, option agreements, debt finance agreements and related security documentation, personal guarantees, partnership disputes (in relation to offshore private equity structures).
Consider if you have new obligations as a processor — is
your contractual documentation adequate?
The regulation did not exclude an assessment of fairness unless the typical consumer could understand not only the actual wording used in
the contractual documentation but also its effect.
Last year the Employment Tribunal (ET) decided that taxi firm UBER's business model and
their contractual documentation was effectively a «sham» as it did not reflect the reality of the working arrangements.
Contractual documentation — preparation of offer letters, standard form employment contracts, bespoke service agreements for senior executives, employee handbooks and letters of termination
It serves as a reminder that Employment Tribunals will look behind
the contractual documentation between the parties and base decisions on the reality of the relationship.
We advised on drafting
the contractual documentation and summarised the advice of foreign counsel in relation to employees based in their jurisdiction.
Advising Nationwide Building Society on
the contractual documentation for its business critical credit card processing system and provision of related services.
The group recently assisted Avestra Group with its sale of controlling shares in an India - based subsidiary, working with New Delhi - based lawyers to advise on deal structuring and corporate and
contractual documentation.
Barclays says that this was in breach of provisions in
the contractual documentation giving exclusive jurisdiction to the English courts.
Besides Solvency II, Italy's insurance sector regulator, IVASS, has proposed new legislation which will further simplify
the contractual documentation of insurance policies and communications to insured parties.
In particular, together with Giuseppe Mercanti, I assisted clients in negotiating and drafting of
the contractual documentation that allowed the transfer of the real estate asset from Banco Popolare to BNP Paribas REIM SGR on behalf of the HITA1 Fund from Hayrish Italia, and governed the complex relationships, including intercompany ones, connected to it.
If you have an approved preferred supply list in place, rates outside of this will often be above market average and
contractual documentation won't be in place.
• Maintained vendor compliance regulation files and
contractual documentation in accordance with internal policies and procedures.
Tags for this Online Resume: Procurement, project planning,
Contractual Documentation, COTR, IT FAITAS DAU ORACLE Markview, FEMA first responder