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Commercial weekly highlights—25 February 2021

Commercial weekly highlights—25 February 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—25 February 2021

Loosening the ties that bind—new NHS procurement regime proposed

Loosening the ties that bind—new NHS procurement regime proposed

The following Commercial news provides comprehensive and up to date legal information on Loosening the ties that bind—new NHS procurement regime proposed

Comment—do not count on UK data adequacy; legal challenges appear inevitable

Comment—do not count on UK data adequacy; legal challenges appear inevitable

The following Commercial news provides comprehensive and up to date legal information on Comment—do not count on UK data adequacy; legal challenges appear inevitable

Coronavirus (COVID-19)—approx 2.3 million air passengers in UK denied flight refunds

Coronavirus (COVID-19)—approx 2.3 million air passengers in UK denied flight refunds

The following Commercial news provides comprehensive and up to date legal information on Coronavirus (COVID-19)—approx 2.3 million air passengers in UK denied flight refunds

Featured Commercial content

Fiduciary Duties

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

Joint, several, and joint and several liability

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Mistake in contract law

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

Repudiation

Repudiation

This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...

Practice notes

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...
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9th Nov
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Practice notes

Nature and types of agency

BrexitAs of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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9th Nov
Practice notes

Agreements to agree

This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...
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9th Nov
Practice notes

Bailment

This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...
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Produced in partnership with Quentin Tannock of 4 Pump Court 12th Jan
Practice notes

Digital Content Directive—summary

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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9th Nov
Practice notes

Carriage of goods by sea—charterparties

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key...
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Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan
Practice notes

Information society services and e-commerce

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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9th Nov
Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...
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Produced in partnership with Tim Wright of Fladgate 12th Jan
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Practice notes

Agent and principal relationships with third parties

This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s...
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9th Nov
Precedents

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...
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9th Nov
tag iconCOVID-19
Precedents

Deed of release and waiver

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...
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9th Nov
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Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
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9th Nov
tag iconIn-house
Precedents

Letter of variation

[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][[Insert address of Guarantor]][Insert date]Dear [name of Party B][ and [name of...
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9th Nov
tag iconIn-house
Practice notes

Carriage of goods by air

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the...
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Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan
Precedents

Short form letter of assignment

[On headed notepaper of the assignor]To: [Insert name and address of Assignee][Insert date]Dear [insert name of Assignee]Assignment of contractWe...
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9th Nov
Practice notes

Private right of redress for consumers

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
Read More >
9th Nov

Most recent Agency and distribution content

Practice notes

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...
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22nd Feb
Precedents

Selective distribution agreement—non-exclusive

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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18th Feb
Q&As

The government has asked for manufacturers to assist with the supply of medical equipment to combat coronavirus (COVID-19). If I am able to do this, what happens to my contractual obligations under existing customer contracts? Can I claim force majeure, or will I be in breach of contract?

The term ‘force majeure’ has no independent meaning at English law. It is a creature of contract and unless the relevant customer contract includes a...
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Produced in partnership with Tim Herbert of Ignition Law 15th Feb
Q&As

Can a non-exclusive distributor appointed to a territory be prevented from selling outside that territory?

In this Q&A we are referring to restrictions on sales into territories within EEA.Agreements between companies operating at different levels in the...
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15th Feb
Q&As

Can a non-solicitation of customers clause be inserted into a non-exclusive agency agreement, or are there any rules in place restricting/preventing this?

Agency agreementsThe Q&A relates to a non-exclusive agency agreement whereby the principal may wish to appoint other agents. It has been assumed that...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Feb
Q&As

What is the difference between a reseller and a distributor?

As far as we are aware, ‘reseller’ does not have a defined meaning under English law. While we are not aware of a specific definition under English...
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15th Feb
Q&As

What is the meaning of ‘severe breach’? What is the meaning of fundamental or repudiatory breach? What termination rights and rights to claim damages may arise in the event of any such breach?

What is a 'fundamental breach'?Following the decision in Photo Production Ltd v Securicor Transport Ltd, it has now been settled that a fundamental...
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15th Feb
Q&As

Will an agent for the sale of shares be a commercial agent for the purposes of the Commercial Agents Regulations 1993?

Commercial Agents Regulations 1993, SI 1993/3053, reg 2(1) provides that a 'commercial agent' is:a self-employed intermediary who has continuing...
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15th Feb
Q&As

Can a commercial agent agree to a reduced notice period to that specified under the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 and is the commercial agent able to waive its right to an indemnity or compensation on termination?

The commercial agents regulationsThe Commercial Agents (Council Directive) Regulations 1993 (Commercial Agents Regulations 1993), SI 1993/3053 impose...
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15th Feb
Q&As

In a distribution agreement is there a standard price and payment clause, especially for price increase?

There is no standard provision prescribed for distribution agreements, however below may be useful for your purposes:•Precedent: Distr...
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15th Feb
Q&As

Which entities are liable under a contract which has been entered into by one company on behalf of two other companies?

In conducting our research we have focussed on the capacity by which the first company has entered into the contract on behalf of the others.Privity...
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15th Feb
Q&As

When do the Commercial Agents Regulations (or their EEA member state equivalents) apply where an agent is appointed for a territory outside Great Britain?

See the following information from Agency—overview.Commercial agency definition and regulationsThe regulations therefore apply to many business...
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15th Feb
Q&As

Does a document appointing an attorney need to state that it is a power of attorney for it to be effective as such? If a document giving authority to one party to act on behalf of another is silent as to whether it is a power of attorney, do the general principles of agency apply to such appointment and the extent of the authority granted?

Types of powers of attorneyThere are various types of powers of attorney, including:•general or ordinary power of attorney under Powers of Attorneys...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Feb
Q&As

When a distributor sells goods that are subject to a retention of title clause, but with the right to resell those goods in the course of its business, is any onward sale by the distributor as an agent on behalf of the original supplier as title has not passed?

In answering your query we have limited our research to cover a sale of goods between two businesses as part of an arm’s length commercial...
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15th Feb
Precedents

Distribution agreement—exclusive

This Agreement is made on [date]Parties1[insert name of party] [of OR a company incorporated in England and Wales under number [insert registered...
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13th Feb
tag iconIn-house
Practice notes

Competition law and the online sector

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Neil Baylis of Mishcon de Reya 13th Feb
Q&As

What considerations should practitioners be taking into account when deciding whether or not the provisions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 apply to agency, introducer, or commission agreements?

Corporate Insolvency and Governance Act 2020The object of the Corporate Insolvency and Governance Act 2020 (CIGA 2020) was to avoid insolvency and...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 9th Feb
Q&As

Can a distributor pass title of goods directly to an end-user (rather than title passing to the distributor’s re-seller first) without creating any obligations between the distributor and end-user?

Underlying modelsThe scenario described in this Q&A takes elements of an agency relationship and elements of a distribution relationship; see Practice...
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9th Feb
Practice notes

Applying block exemptions to IP agreements

Intellectual property (IP) agreements relating to, for example, licensing of technology and for the joint development of new technology, may have a...
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Produced in partnership with Bristows LLP 9th Feb
Q&As

When do the Commercial Agents Regulations (or their EEA Member State equivalents) apply where an agent is appointed for a territory outside Great Britain?

Application of the Commercial Agents Regulations Post-BrexitThe Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, (the Commercial...
Read More >
8th Feb

Popular documents

LEXISNEXIS

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural

LEXISNEXIS

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus

LEXISNEXIS

Notaries and notarisation—notarisation

The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is

LEXISNEXIS

Double insurance and contribution

Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk