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Powers of national courts to invalidate unfair contract terms (JZ v OTP Jelzálogbank Zrt OTP Bank Nyrt OTP Faktoring Követeléskezelő Zrt)

Powers of national courts to invalidate unfair contract terms (JZ v OTP Jelzálogbank Zrt OTP Bank Nyrt OTP Faktoring Követeléskezelő Zrt)

The following Commercial news provides comprehensive and up to date legal information on Powers of national courts to invalidate unfair contract terms (JZ v OTP Jelzálogbank Zrt OTP Bank Nyrt OTP Faktoring Követeléskezelő Zrt)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

The following Commercial news provides comprehensive and up to date legal information on Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Commercial weekly highlights—16 September 2021

Commercial weekly highlights—16 September 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—16 September 2021

Managing Franchisee Debt—update on new insolvency laws and tips for minimising franchisor financial exposure

Managing Franchisee Debt—update on new insolvency laws and tips for minimising franchisor financial exposure

The following Commercial news provides comprehensive and up to date legal information on Managing Franchisee Debt—update on new insolvency laws and tips for minimising franchisor financial exposure

Featured Commercial content

Fiduciary Duties

Fiduciary Duties

Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...

Conditions precedent in commercial contracts

Conditions precedent in commercial contracts

Conditions precedent in commercial contractsThis Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It...

Deeds

Deeds

DeedsUnder English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...

Mistake in contract law

Mistake in contract law

Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...

Practice notes

Incoterms® 2020 Rules—CIP Carriage and insurance paid to

Incoterms® 2020 Rules—CIP Carriage and insurance paid toThis Practice Note comprises the guidance note to the CIP Carriage and insurance paid to...
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19th May
Practice notes

The British Franchise Association (BFA)

The British Franchise Association (BFA)This Practice Note examines the role and remit of the British Franchise Association (the BFA) in the franchise...
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Produced in partnership with Tim Rickard of Fieldfisher and David Bond of Fieldfisher 19th May
Q&As

In a business-to-business contract where a contractual long-stop date has passed but the parties wish to continue with the contract, should they document their intention to continue or enter into a new contract?

In a business-to-business contract where a contractual long-stop date has passed but the parties wish to continue with the contract, should they...
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19th May
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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19th May
tag iconIn-house
Practice notes

Key differences in the law of contract between Scots and English law

Key differences in the law of contract between Scots and English lawScots contract law has in many ways become similar to its English counterpart...
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Produced in partnership with Morton Fraser 19th May
tag iconScottish Law
Practice notes

The EU Consumer Rights Directive

The EU Consumer Rights DirectiveThis Practice Note provides an overview of Directive 2011/83/EU (OJ L 304/64), the EU Consumer Rights Directive (EU...
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19th May
Practice notes

Incoterms® 2020 Rules—CPT Carriage paid to

Incoterms® 2020 Rules—CPT Carriage paid toThis Practice Note comprises the guidance note to the CPT Carriage paid to Incoterm in the Incoterms® 2020...
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19th May
Practice notes

Affirmation

AffirmationAffirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:•a repudiatory breach of...
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19th May
Precedents

Counterparts clause

1 Counterparts—agreement 1.1 This agreement may be signed in any number of separate counterparts, each of which when...
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19th May
tag iconIn-house
Practice notes

Agent and principal relationships with third parties

Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
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19th May
Practice notes

Bailment

BailmentThis Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition...
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Produced in partnership with Quentin Tannock of 4 Pump Court 19th May
Precedents

Execution clause—company—contract

Option 1—contract signed on behalf of a company, where the authorised signatory is an individual Signed by [insert name of...
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19th May
tag iconIn-house
Practice notes

Requirements of the company seal

Requirements of the company sealThis Practice Note provides practical guidance regarding the requirements of the company seal. Where a company has a...
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19th May
Practice notes

Private right of redress for consumers

Private right of redress for consumersThis Practice Note summarises a consumer’s private right of redress for misleading and aggressive commercial...
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19th May
Practice notes

Incoterms® 2020 Rules—DPU Delivered at Place Unloaded

Incoterms® 2020 Rules—DPU Delivered at Place UnloadedThis Practice Note comprises the guidance note to the DPU Delivered at Place Unloaded Incoterm in...
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19th May
Practice notes

Subcontracting

SubcontractingThis Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting...
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19th May

Most recent Confidential Information content

Practice notes

Deepfakes

DeepfakesThis Practice Note considers the following legal issues, technical information and applications of deepfakes:•What is a deepfake?•How...
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Produced in partnership with Kelsey Farish of DAC Beachcroft 16th Sep
Q&As

Where an agreement contains a confidentiality clause in favour of one party only, can the contractual relationship as a whole imply a common understanding of the confidential nature of the other party, notwithstanding the clause itself?

Where an agreement contains a confidentiality clause in favour of one party only, can the contractual relationship as a whole imply a common...
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13th Sep
Q&As

Do you have a non-disclosure agreement (NDA) for use with a consultant?

Do you have a non-disclosure agreement (NDA) for use with a consultant?Our Consultancy services—overview contains general information on consultancy...
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13th Sep
Q&As

If the name of a third party supplier is disclosed under a non-disclosure agreement (NDA), is it a breach of the NDA for the recipient to contract with the named supplier directly?

If the name of a third party supplier is disclosed under a non-disclosure agreement (NDA), is it a breach of the NDA for the recipient to contract...
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13th Sep
Precedents

Confidentiality letter—mutual

Confidentiality letter—mutual[insert address of sender]Our ref: [insert reference]Your ref: [insert reference][Insert address of recipient]Date:...
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13th Sep
tag iconIn-house
Precedents

Confidentiality letter—one-way—pro-discloser

Confidentiality letter—one-way—pro-discloser[insert address of sender]Our ref: [insert reference]Your ref: [insert reference][insert address of...
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13th Sep
tag iconIn-house
Precedents

Confidentiality agreement—one-way—pro-discloser

Confidentiality agreement—one-way—pro-discloserThis Agreement is made on [date]Parties1[Insert name of party][ of [insert details] OR a company...
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Produced in partnership with Gateley 13th Sep
tag iconIn-house
Precedents

Confidentiality agreement—mutual

Confidentiality agreement—mutualThis Agreement is made on [date]Parties1[insert name of party] [of [insert details ] OR a company incorporated in...
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13th Sep
tag iconIn-house
Precedents

Confidentiality agreement—one-way—pro-recipient

Confidentiality agreement—one-way—pro-recipientThis Agreement is made on [date]Parties1[Insert name of party] [of [insert address] OR a company...
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13th Sep
tag iconIn-house
Precedents

Confidentiality letter—one-way—pro-recipient

Confidentiality letter—one-way—pro-recipient[insert address of sender]Our ref: [insert reference]Your ref: [insert reference][insert address of...
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13th Sep
Q&As

What is the position in relation to translated documents in the context of legal advice privilege?

What is the position in relation to translated documents in the context of legal advice privilege?Legal Professional PrivilegeThe core aim of...
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9th Sep
Q&As

Are recorded conversations between lay people legal and can they be used in legal proceedings?

Are recorded conversations between lay people legal and can they be used in legal proceedings?The law relating to the recording of conversations...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
Q&As

Is it a breach of confidentiality and/or a personal data breach (under the UK GDPR) if documents that have been disclosed to the other side (ie bank statements) during the disclosure process are then shown to a third party by the other side?

Is it a breach of confidentiality and/or a personal data breach (under the UK GDPR) if documents that have been disclosed to the other side (ie bank...
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9th Sep
Precedents

Confidentiality agreement—corporate joint venture

Confidentiality agreement—corporate joint ventureThis Agreement is made on [insert day and month] 20[insert year]Parties1[insert name of first...
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9th Sep
Practice notes

Image rights—protection, exploitation and taxation

Image rights—protection, exploitation and taxationAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with...
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Produced in partnership with JJ Shaw of Lewis Silkin LLP, Alex Kelham of Lewis Silkin LLP and Rob Meredith CTA of PKF Francis Clark 8th Sep
Practice notes

Pre-Action Protocol on Media and Communications Claims

Pre-Action Protocol on Media and Communications ClaimsThis Practice Note provides guidance upon the application of the Pre-Action Protocol on Media...
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Produced in partnership with David Hirst of 5RB 8th Sep
Precedents

Confidentiality letter—private M&A (asset purchase)—corporate seller

Confidentiality letter—private M&A (asset purchase)—corporate sellerStrictly private and confidentialTo: [insert buyer name][insert buyer...
Read More >
25th Aug
Precedents

Confidentiality letter—private M&A—share purchase—corporate seller

Confidentiality letter—private M&A—share purchase—corporate sellerStrictly private and confidentialTo: [insert buyer name][insert buyer address]Date:...
Read More >
25th Aug
Q&As

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

Is there a fiduciary relationship between a buyer and seller of goods?Fiduciary relationshipsCertain specific relationships automatically give rise to...
Read More >
24th Aug
Q&As

Can a provider of industry accreditation certificates release the insurance details of its accredited installers to an installer’s customer where the contract between the installer and its customer is silent on the issue?

Can a provider of industry accreditation certificates release the insurance details of its accredited installers to an installer’s customer where the...
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23rd Aug

Popular documents

What is a public authority?

What is a public authority?

What is a public authority?There is no single, universal answer to the question whether a particular organisation is treated, in law, as a public authority.Rather, on one hand the courts have developed case law on which bodies are subject to administrative law through the judicial review procedure;

What is a certificate of title?

What is a certificate of title?

A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)

TCC—preparing for and attending a pre-trial review (PTR)Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in CPR 60, CPR PD 60 and the TCC Guide. As these provisions are additional to the general

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and