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Identifying advertising in podcasts

The following Commercial news provides comprehensive and up to date legal information on Identifying advertising in podcasts

Commercial weekly highlights—4 March 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—4 March 2021

‘Manifest error’ in expert determination clauses—a visibility test? (Flowgroup plc (in liquidation) v Co-Operative Energy Ltd)

The following Commercial news provides comprehensive and up to date legal information on ‘Manifest error’ in expert determination clauses—a visibility test? (Flowgroup plc (in liquidation) v Co-Operative Energy Ltd)

How do you provide ranking transparency under the Platform-to-business (P2B) Regulation?

The following Commercial news provides comprehensive and up to date legal information on How do you provide ranking transparency under the Platform-to-business (P2B) Regulation?

Featured Commercial content

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

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...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

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...

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...

9th Nov

In-house

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...

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...

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...

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...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

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...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Precedents

Consignment stock agreement—pro-supplier

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

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan

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...

9th Nov

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-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...

9th Nov

In-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...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Practice notes

Agency and distribution compared

BrexitBrexit: 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,...

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...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Precedents

Intra-group services agreement

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

Produced in partnership with Tim Wright of Fladgate 12th Jan

Most recent Agency and distribution content

Q&As

Where an agency contract governed by the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 stipulates that an indemnity is payable on termination rather than compensation, can this indemnity be capped further than the one year's average commission? Eg, can it impose a minimum cap of £X and a maximum cap of £X?

In this Q&A, we have limited our research to cover a contract with a commercial agent as defined in Commercial Agents (Council Directive) Regulations...

24th Dec

Practice notes

The effect of Brexit on EU competition law

On 23 June 2016, the UK held an advisory referendum on its membership of the EU, with a small majority of those voting (and allowed to vote) being in...

22nd Dec

Brexit

Precedents

Del credere sales agency 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...

13th Dec

Practice notes

Sub-distribution

This Practice Note considers the legal and practical issues arising out of appointing a party as a sub-distributor. Sub-distributors can help...

13th Dec

Q&As

In relation to the Commercial Agents (Council Directive) Regulations 1993, how would a commercial agent enforce its rights under regulation 12, for the principal to release the books? Is there any guidance as to the interpretation of 'devotes substantially the whole of his time' under Schedule 3(c)?

Enforcing rightsUnder the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, reg 12(1) states: 'The principal shall supply his...

6th Dec

Q&As

Can a third party rely on ostensible/apparent authority where they know the person signing a document is an employee of a company not a director and they sign as a director and in the name of that director?

When does the concept of apparent or ostensible authority arise?In the context of contract law, 'authority' is the power an agent has to affect the...

6th Dec

Q&As

In what situations can the information held by a principal be imputed to an agent? When are criminal or unlawful actions of an agent imputed to the principal?

Can the information held by a principal be imputed to an agent?Further information would be required to consider the purpose for which knowledge is to...

6th Dec

Q&As

Can a subsidiary company be appointed as a commercial agent of its parent company?

The Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (Commercial Agents Regulations) apply only to the relationship between the...

6th Dec

Q&As

Where a commercial agency has been terminated by the principal because of the wrongful acts of the agent, in the event of a settlement of claims (whereby the principal’s claims against the agent are offset against outstanding commission due under the agency agreement), how does the settlement agreement ensure that all claims for indemnity or compensation on termination are extinguished in accordance with the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053?

On termination of a commercial agency, an agent is entitled to a payment from the principal. This may be in the form of:•an indemnity for commission...

6th Dec

Q&As

Is a purchaser of a business liable to a commercial agent of the seller of that business if the agency agreement is terminated prior to completing the business transfer?

For the purposes of this Q&A, we have focussed on the contractual arrangements and allocation of liabilities stemming from the business...

6th Dec

Q&As

Does the formalisation of an unwritten agency arrangement into a written agency agreement have effect to terminate the informal agency agreement for the purposes of the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (the Regulations)?

Position under the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (the Regulations)We have assumed that the situation being...

6th Dec

Q&As

Is there a fiduciary relationship between a buyer and seller of goods?

Fiduciary relationshipsCertain specific relationships automatically give rise to a fiduciary duty—these include trustee and beneficiary (see Practice...

6th Dec

Q&As

Is a principal able to pay a commercial agent in lieu of the statutory notice period?

Our Practice Note: Termination of commercial agency arrangements explains how the Commercial Agents (Council Directive) Regulations 1993 SI 1993/3053...

6th Dec

Q&As

How is an agency appointment to supply goods and services treated under the Commercial Agents Regulations? If the supply of goods is not secondary are the sales of the services relevant when calculating termination payments under the Commercial Agents Regulations? If the supply of goods is considered secondary, would the agent be deemed a commercial agent if two separate contracts were put in place—one for goods and one for services?

This Q&A concerns commercial agency agreements where the agent (A) is appointed by the principal (P) in relation to the supply of goods and services....

6th Dec

Q&As

When a solicitor is acting for an individual who has appointed an attorney, who is the solicitor's client?

It is not clear from the question whether the power of attorney is a lasting, enduring or ordinary one.In the case of a lasting or enduring power of...

29th Nov

Q&As