Doing business in key global jurisdictions

Businesses are becoming increasingly global. However, while business itself may transcend jurisdictional borders, every jurisdiction will maintain its own regulatory approach and will have its own customs and practices with which businesses operating in that jurisdiction will need to comply.

There may be increased political or legislative risks that should be taken into consideration by businesses before they commence operations in certain jurisdictions.

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Latest Commercial News

DCMS research finds online prize draws need stronger consumer safeguards

The Department for Culture, Media & Sport (DCMS) has published research examining the £1.3bn UK online prize draws and competitions (PDCs) market. The study identified 401 operators, with one company holding over 60% market share. Key findings show 12% of PDC players experience gambling harm compared to 3% of the general population, while only 7% of operators provide gambling charity links. Around 40% of operators offer instant win products without additional player protections. The report recommends implementing a voluntary code of conduct initially, with the option to introduce gambling regulation if needed. Currently PDC operators donate an average 10% of proceeds to charity, compared to the 20% minimum required for society lotteries. The research aims to inform potential government intervention in the sector.

Bank permitted to sell safety deposit box items as involuntary bailee (Credit Agricole Corporate and Investment Bank v Persons with an Immediate Right to Possess Goods)

Commercial analysis: This was a case relating to items in 14 safety deposit boxes (SDBs) held at a London bank. Due to the passage of time, the Bank was no longer able to trace the owners of those items, which it now wished to sell. In relation to those goods which had been deposited after 1 January 1978, the court confirmed that these could be sold under sections 12–13 of the Torts (Interference of Goods) Act 1977 (T(IG)A 1977). In respect of goods deposited prior to that date, and which remained subject to general common law, the court was persuaded that the Bank could rely on the principle established in the case of Da Rocha-Afodu: namely, that given that it had done all that was right and reasonable to trace and notify the owners, it should be protected from any potential liability which might otherwise attach as a consequence of the sale. Written by Natasha King, barrister at 4 Pump Court.

Court of Appeal implies term as to price of additional product under sale of goods contract (KSY Juice Blends UK Limited v Citrosuco GmbH)

Commercial analysis: This was a sale of goods dispute, in which the parties had agreed the price of a fixed quantity of product, with the price for additional product to be fixed at a later date, in order to allow for market volatility. When the parties did not agree on the price for the additional product, one party used that as an excuse to argue that there was no binding agreement with regard to that additional product.The Commercial Court decided that it was not appropriate to imply a term as to what the price for the additional product should be. There was, therefore, no binding agreement with regard to the additional product.The Court of Appeal has now disagreed and found that, on the facts of this case, a term could be implied into the contract that the price for the additional product should be the reasonable or market price (which, the Court of Appeal said, were the same thing). Dimitris Anassis, partner, and Reema Shour, professional support lawyer, both at Hill Dickinson, consider the court’s decision in KSY Juice Blends UK Ltd v Citrosuco GmbH.