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Latest Commercial News

The iniquity defence in claims for misuse of private information (Brake v Guy)

The following Commercial news provides comprehensive and up to date legal information on The iniquity defence in claims for misuse of private information (Brake v Guy)

Comment—EU enforcement of Schrems II ruling sparks concerns of ‘de facto’ data localisation

The following Commercial news provides comprehensive and up to date legal information on Comment—EU enforcement of Schrems II ruling sparks concerns of ‘de facto’ data localisation

Commercial weekly highlights—15 April 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—15 April 2021

Enforceability of restrictive covenants in a shareholders’ agreement and the assessment of damages for breach (Score Draw v PNH International)

The following Commercial news provides comprehensive and up to date legal information on Enforceability of restrictive covenants in a shareholders’ agreement and the assessment of damages for breach (Score Draw v PNH International)

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...

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...

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...

9th Nov

In-house

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...

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

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

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

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...

9th Nov

COVID-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...

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

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...

9th Nov

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 Confidential information content

Practice notes

Confidential information and trade secrets in employment

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

Produced in partnership with Ruaraidh Fitzpatrick of Cloisters 15th Apr

Precedents

Confidentiality agreement—corporate joint venture

This Agreement is made on [insert day and month] 20[insert year]Parties1[insert name of first shareholder] incorporated in England and Wales under...

9th Apr

Practice notes

Practical steps to protect or obtain access to confidential information

This Practice Note supplements Practice Note: Trade secrets and confidential information—protection and enforcement, which identifies when legal...

9th Apr

Practice notes

Managing a breach of confidentiality or information security

Many companies and government bodies (such as HMRC) have been exposed to loss of confidential information and many other breaches of confidentiality...

9th Apr

Practice notes

Confidential information, privacy and injunctions

While there are other remedies available to claimants in breach of confidence cases, an injunction preventing publication of the relevant information...

9th Apr

Practice notes

Image rights—protection, exploitation and taxation

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Produced in partnership with JJ Shaw of Lewis Silkin LLP, Alex Kelham of Lewis Silkin LLP and Rob Meredith CTA of PKF Francis Clark 9th Apr

Practice notes

Trade secrets and confidential information—protection and enforcement

This Practice Note sets out the protection available for trade secrets and confidential information in a commercial context, in particular in cases...

Produced in partnership with William Smith of Bird & Bird LLP 9th Apr

In-house

Precedents

Confidentiality letter—know-how

[insert address of sender]Our ref: [insert reference]Your ref: [insert reference][Insert address of recipient]Date: [insert date]Dear [insert...

18th Mar

Precedents

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

Strictly private and confidentialTo: [insert buyer name][insert buyer address]Date: [insert date]Dear [insert buyer contact name],Proposed acquisition...

15th Mar

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?

We have assumed that:•relevant documents disclosed include personal data as defined by the United Kingdom General Data Protection Regulation, Retained...

8th Mar

Practice notes

Pre-Action Protocol on Media and Communications Claims

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

Produced in partnership with David Hirst of 5RB 3rd Mar

Precedents

Confidentiality agreement—mutual

This Agreement is made on [date]Parties1[insert name of party] [of [insert details ] OR a company incorporated in [England and Wales] under number...

1st Mar

In-house

Practice notes

Deepfakes

This Practice Note considers the following legal issues, technical information and applications of deepfakes:•What is a deepfake?•How...

Produced in partnership with Kelsey Farish of DAC Beachcroft 26th Feb

Precedents

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

Strictly private and confidentialTo: [insert buyer name][insert buyer address]Date: [insert date]Dear [insert buyer contact name],Proposed acquisition...

24th Feb

Precedents

Confidentiality agreement—one-way—pro-discloser

This Agreement is made on [date]Parties1[Insert name of party][ of [insert details] OR a company incorporated in [England and Wales] under number...

Produced in partnership with Gateley 22nd Feb

In-house

Precedents

Confidentiality letter—one-way—pro-discloser

[insert address of sender]Our ref: [insert reference]Your ref: [insert reference][insert address of recipient]Date: [insert date]Dear [insert...

22nd Feb

In-house

Precedents

Confidentiality letter—one-way—pro-recipient

[insert address of sender]Our ref: [insert reference]Your ref: [insert reference][insert address of discloser]Date: [insert date]Dear [insert...

22nd Feb

Precedents

Confidentiality letter—mutual

[insert address of sender]Our ref: [insert reference]Your ref: [insert reference][Insert address of recipient]Date: [insert date]Dear [insert...

22nd Feb

In-house

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?

Lexis®PSL Commercial carries a suite of content on confidentiality within the topic: Confidential information.Generally speaking, case law refers to...

15th Feb

Q&As

In a B2B contract for the sale of goods incorporating software, can you exclude the right of the buyer to reverse engineer the goods for the buyer's own repair purposes and prevent the buyer selling reverse engineered goods in competition with the seller? Can you stop the buyer using confidential information supplied with the goods to facilitate reverse engineering?

This Q&A covers the situation where:•the goods in question are not protected by a patent or otherwise protected by registered intellectual property...

Produced in partnership with Ashley Roughton of Ipchambers.eu 15th Feb