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Francis v Philips [2014] EWCA CIV 1395: Identifying Whether A Set Of ‘Qualifying Works’ Are A Set Of Works

Summary: The correct approach to the meaning of “qualifying works” in s.20 and s.20ZA of the 1985 Act is to identify whether works are parts of a set of works. The question of what a single set of qualifying works comprised has to be determined in a common sense way, taking into account factors which are likely to include where the items of work are to be carried out, whether they are the subject of the same contract, whether they are to be done at the same time or different times, and whether they are different from or connected with each other.

 

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