"A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful."
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A change in the works or services to be carried out. This is usually governed by a Change Protocol which sets out parameters for making changes.
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Amending the articles—checklist Procedure for amending the articles of association Matter to be considered or step to be taken Reference to relevant section of Companies Act 2006 (CA 2006) and/or relevant Lexis+® UK Corporate material Tick box when step complete or matter considered Preparing to amend the articles and preliminary checks Does the proposed amendment require shareholders to subscribe for further shares or increase a shareholder's liability? If yes, the shareholders' consent will be required to the proposed amendment. CA 2006, s 25A company’s constitution Does the proposed amendment vary or abrogate class rights? If yes, ensure that the procedure for varying or abrogating class rights is followed accordingly. CA 2006, s 630A company’s constitutionClass rights and variation of class rights Does the proposed amendment apply to provisions of the articles of association that are entrenched? If so, follow the relevant procedures for amending the entrenched provisions. CA 2006, s 22A company’s
Articles (non-leveraged investment)—checklist Objects Is it necessary or appropriate for the company to restrict its objects? If the company was incorporated before 1 October 2009, check if any of the objects stated in its memorandum of association need deleting (by way of a members’ special resolution). Application of model articles Determine if the model articles are to apply to the company. If the company was incorporated before 1 October 2009, consider whether Table A should still apply (if not previously amended). Determine what, if any, of the model articles should not apply to the company. Board of directors How many directors will be on the board? Which of the founders will be directors? How many directors will the investor have the right to appoint to the board? What is the quorum for board meetings? Does the chair (or another director) have a second or casting vote? Are fees payable to the investor directors and/or chair? If so, what are they? Set out administrative matters relating to the board (eg frequency...
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It is common for the parties to a facility agreement to want to amend its terms, often a number of times, during the life of the facilities. They may, for example, wish to extend the repayment date or increase amounts available to allow the borrower to fund another project or purchase. The lender may use an increase to the facilities to make other changes to the documentation such as an increase to the interest rate or additional undertakings. Such changes may be documented by an amendment letter, an amendment and restatement agreement or sometimes by the issuance of a new facility letter or agreement aimed at replacing the previous one. For information on how to amend a facility agreement, see Practice Note: Amending a facility agreement.Where the lender is to have the benefit of guarantees or third party security (which is effectively a guarantee backed by security and so this Practice Note applies to third-party security as well as guarantees), it will want to ensure that it continues to have...
FIDIC contracts (pre-2017 editions)—variations This Practice Note examines variations under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. For detail on variations under the 2017 editions of the Red, Yellow and Silver Books, see Practice Note: FIDIC contracts 2017—variations. Introduction Under all the FIDIC forms of contract the employer is entitled to vary the works by the issue of variations at any time before the issue of the Taking-Over Certificate (the Commissioning Certificate under the Gold Book) without the need for the contractor's agreement. However, the issue of a variation may entitle the contractor to additional payment and extra time within which the contractor must complete the works as varied. Under all the FIDIC forms of contract, variations are primarily governed by clauses 13.1 to 13.3, which set out the right to vary the works and the procedure to be followed. What is a variation? A variation is defined as: • 'any change to the Works, which...
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Ireland—data protection impact assessment—artificial intelligence DPIA screening questionnaire The screening questionnaire should be a concise document and not overly burdensome on the business. However, it needs to provide sufficient information to the DPO/Privacy POC to decide if a DPIA needs to be completed. Like the DPIA itself, the screening questionnaire will be drafted by a multidisciplinary team within the business. All completed screening questionnaires should be approved, time stamped and retained by the DPO/Privacy POC. Where a DPIA is required, it should be kept with the screening questionnaire to avoid duplication. The DPIA template is a continuation of the screening questionnaire. While the screening questionnaire and the DPIA detail AI use in accordance with EU GDPR requirements, companies deploying AI systems also need to factor in their obligations under additional relevant legislation, such as the requirement to carry out a fundamental rights impact assessment (FRIA) under the EU AI Act. While outside the scope of this document, information gathered as part of the screening questionnaire / DPIA exercise will be...
Spousal and civil partner maintenance—client guide This document provides general guidance regarding an application to the court for maintenance on divorce or dissolution of a civil partnership. Your family lawyer will be able to provide specific advice based on your circumstances. Who can apply for maintenance? Either spouse or civil partner may make an application to the court for a spousal or civil partner maintenance order, also known as a periodical payments order. The person making the application is the applicant and the other person is the respondent. A potential applicant must, except in certain specified circumstances, consider with a mediator whether the dispute may be capable of being resolved through non-court dispute resolution. The court will expect all applicants to have complied with these requirements before commencing proceedings and will expect any respondent to have attended a mediation information and assessment meeting (MIAM). For details of the requirement to attend a MIAM see Practice Note: Non-court dispute resolution—mediation information and assessment meetings (MIAMs). What happens...
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In a business-to-business contract between a customer and a supplier which does not make provision for price variations, which party bears the risk of an increase in costs due to an increase in the national minimum wage? For the purposes of this Q&A we have assumed that the contract is a business-to-business contract where there is a supplier/customer relationship of some description, and the supplier is either: (a) supplying a work force; or (b) supplying services to the customer, which have been impacted by an increase in costs due to an increase in the minimum wage. Contract provisions It will be necessary to check for any (a) price and (b) price variation provisions within the contract. We refer you to the following materials for information on this type of provision. • Practice Note: Price, payment terms and interest summarises the main issues arising in relation to price, payment and interest provisions in business-to-business contracts • Drafting and negotiating a price clause—checklist outlines key provisions and issues...
If two businesses enter into a services agreement and some time later the customer wishes the supplier to carry out additional services, may the parties agree an 'addendum' or 'variation' of the agreement they signed, or must they enter into a new contract? Also, will this depend on whether the original agreement has 'rolled on'? Q&A: What is the best approach for updating an existing B2B contract? notes that the parties should consider various aspects when deciding whether variation or termination is more suitable to update the contract, including: • the provisions for variation, change control and termination within the existing contract • the parties’ resource and appetite for pursuing either of these options In terms of negotiating the proposed amendments to the contract or highlighting which provisions it is suggested will be changing in the new relationship, options include: • opening up ‘in principle’ discussions • setting out a detailed narrative of the proposed amendments • if a variation has been chosen as the preferred...
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The Migration Observatory has published a data briefing examining the integration of migrants into the UK labour market, focusing on employment patterns, occupational distribution, earnings, and working conditions. Drawing on ONS and HMRC data, the report highlights that in December 2024, adult migrants—defined as non-UK nationals at the time of National Insurance registration—comprised 19% of the UK employee workforce, with significant sectoral and regional variation. London had the highest proportion of non-UK employees (42%), while Wales had the lowest (10%).
This week's edition of Insurance & Reinsurance weekly highlights includes: War risk insurers held liable for jets stranded in Russia (AerCap Ireland Ltd v AIG Europe SA and another); UK ransomware ban could boost cost of cyber-insurance; UK insurers abusing dishonesty defence, legal body warns; Insurers Using More 'Sweep-Up' Clauses In Policies; Lloyd's broker faces 2027 trial over US$3m bribery scheme; UK needs modern sanctions rules, ex-Lord Chancellor warns; Solvency II—Commission consults on draft delegated decision regarding provisional equivalence for third-country insurers within EU-headquartered groups; plus dates for your diary and key recent cases.
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