Webinars by Practice Area
Drafting Indexation Clauses
Recorded on: 27/01/2020
Indexing rents and other sums may seem simple, but recent cases where the drafting went astray shows how easy it is to get your drafting wrong. This webinar looks at the various issues to be considered when drafting indexation clauses, in relation to both commercial and residential property, including:
- Which Index are you using? Is it appropriate in the circumstances? What happens if it is discontinued?
- Periodically, an index will be restarted at 100 – does your drafting provide for this?
- What happens if the index goes down?
- Most indices are published in arrear – does your timing work?
- Do you need a disputes resolution clause in case there is an argument about the interpretation of the indexation clause?
- Does your mathematical formula work? Do you need a worked example? What happens if the mathematical formula and the worked example conflict?
- Can you rely on the courts to sort out your dodgy drafting?