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Latest Commercial News

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

The following Commercial news provides comprehensive and up to date legal information on Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

The following Commercial news provides comprehensive and up to date legal information on A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

The following Commercial news provides comprehensive and up to date legal information on A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

TCC grants AA 1996, s 9 stay applying the presumption in favour of ‘one stop adjudication’ in multi-contract scenario (Surrey County Council v Suez Recycling and Recovery Surrey)

TCC grants AA 1996, s 9 stay applying the presumption in favour of ‘one stop adjudication’ in multi-contract scenario (Surrey County Council v Suez Recycling and Recovery Surrey)

TCC grants AA 1996, s 9 stay applying the presumption in favour of ‘one stop adjudication’ in multi-contract scenario (Surrey County Council v Suez Recycling and Recovery Surrey)

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...

Joint, several, and joint and several liability

Joint, several, and joint and several liability

Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by...

The British Franchise Association (BFA)

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...

Deed of novation—long form

Deed of novation—long form

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

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?

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...
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19th May
Practice notes

Heads of terms

Heads of termsThis Practice Note considers heads of terms (also known as a memorandum of understanding (MoU), letter of intent (LOI), comfort letter,...
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19th May
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Practice notes

Termination and expiry of contracts

Termination and expiry of contractsThis Practice Note provides an overview of contract expiry and of the different causes of termination and ways to...
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19th May
tag iconCOVID-19 tag iconIn-house
Practice notes

Wilful misconduct and deliberate default in commercial contracts

Wilful misconduct and deliberate default in commercial contractsThis Practice Note sets out guidance upon the meaning, use and importance of commonly...
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Produced in partnership with Tim Wright of Fladgate 19th May
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Practice notes

Relationship of principal and agent

Relationship of principal and agentGeneralIn business matters, the rights and duties of principal and agent are normally set out in a written agency...
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19th May
Practice notes

Nature and types of agency

Nature and types of agencyThis Practice Note is an introduction to agency. It describes the essentials of the agency relationship between the...
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19th May
Precedents

Force majeure clause

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also: • Coronavirus (COVID-19)...
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19th May
tag iconCOVID-19 tag iconIn-house
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

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
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
Precedents

Variation agreement

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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19th May
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Precedents

Set-off clause

1 Set-off permitted by either party Each party may set off any amount that the other party owes it under this agreement[ or...
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19th May
Practice notes

Drafting a contractual joint venture agreement

Drafting a contractual joint venture agreementContractual joint venture agreementsThis Practice Note sets out various key commercial matters and...
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19th May
Practice notes

Verification of documents and information

Verification of documents and informationCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural...
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19th May
Practice notes

Implied terms in contracts for goods and services

Implied terms in contracts for goods and servicesExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
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Most recent Doing business in key global jurisdictions content

Practice notes

Doing business in: Japan

Doing business in: JapanUpdated in July 2021IntroductionThe business environmentForming a companyFinancing a companyOpening a branch officeOpening a...
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Produced in partnership with Masako Banno of Okuno & Partners 22nd Jul
Practice notes

Doing business in: India

Doing business in: IndiaUpdated in July 2021IntroductionThe business environmentEstablishing a presenceFinancing a companyOpening a bank...
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Produced in partnership with Shweta Gupta and Sidharrth Shankar of J. Sagar Associates 12th Jul
Practice notes

Doing business in: Brazil

Doing business in: BrazilUpdated in June 2021IntroductionBrazil is the fifth largest country in the world by both geographical area (3,287,956 sq mi),...
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Produced in partnership with Ted Rhodes, Mario Sergio Braz and Carolina Uribe of CMS 23rd Jun
Practice notes

Doing business in: Poland

Doing business in: PolandUpdated August 2020IntroductionThe Polish economy not been left unscathed by the coronavirus (COVID-19) health crisis. Like...
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Produced in partnership with Wardynski & Partners 5th Jun
Practice notes

Doing business in: Taiwan

Doing business in: TaiwanUpdated in August 2020IntroductionThe business environmentForming a companyFinancing a companyOpening a branch officeOpening...
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Produced in partnership with Patrick Marros Chu of Lee and Li, Attorneys-at-Law and David Tien 5th Jun
Practice notes

Doing business in: Italy

Doing business in: ItalyUpdated in July 2020IntroductionItaly is a founding member of the EU. It extends for 301,230 sq km and it has a strategic...
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Produced in partnership with Marco Mazzeschi of Mazzeschi Srl 5th Jun
Practice notes

Doing business in: the Philippines

Doing business in: the PhilippinesUpdated in September 2020IntroductionThe Business EnvironmentForming a companyOne-Person CorporationFinancing and...
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Produced in partnership with Ocampo & Suralvo Law Offices 5th Jun
Practice notes

Doing business in: Korea

Doing business in: KoreaUpdated in August 2020IntroductionThe business environmentForming a companyOpening a branch officeFinancing a companyOpening a...
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Produced in partnership with Paul S Rhee of Yoon & Yang 5th Jun
Practice notes

Doing Business in: Australia

Doing Business in: AustraliaUpdated in September 2020.•Introduction•The business environment•Forming a company•Financing a company•Opening a bank...
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Produced in partnership with Andrew Lumsden of Corrs Chambers Westgarth 5th Jun
Practice notes

Doing business in Mexico

Doing business in MexicoUpdated in September 2019•Introduction•The Business environment•Forming a company•Financing a company•Opening a bank...
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Produced in partnership with Gustavo Alcocer of Olivares 5th Jun
Practice notes

Doing business in key global jurisdictions

Doing business in key global jurisdictionsUpdated in October 2020IntroductionPolitical stabilityInfrastructureCrime and healthcareFreedom of courts...
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Produced in partnership with Jonathan Edgelow of Vedder Price 4th Jun
Practice notes

Doing business in: the UK

Doing business in: the UKUpdated in March 2021IntroductionThe business environmentForming a companyBeneficial ownershipFinancing a companyOpening a...
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Produced in partnership with Jonathan Edgelow of Vedder Price 4th Jun
Practice notes

Doing business in: Hong Kong

Doing business in: Hong KongJuly 2020IntroductionThe business environmentForming a companyFinancing a companyOpening a bank accountUtilising office...
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Produced in partnership with Felix K.H.Ng, Timothy L.T. Wan, Christina H.K. Ma and, Vanessa C. Y. Wong of Haldanes Solicitors & Notaries 4th Jun
Practice notes

Doing business in: Bolivia

Doing business in: BoliviaUpdated in January 2021IntroductionThis Practice Note sets out some of the key considerations for a business before it...
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Produced in partnership with Bufete Aguirre, Quintanilla, Soria & Nishizawa Soc. Civ 4th Jun
Practice notes

Doing business in: China

Doing business in: ChinaUpdated in April 2019IntroductionThe business environmentForming a companyFinancing a companyOpening a bank accountUtilising...
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Produced in partnership with Haibin Xue of Zhong Lun Law Firm 4th Jun
Practice notes

Doing business in: Ireland

Doing business in: IrelandUpdated in September 2020IntroductionIreland is consistently ranked as one of the most attractive locations globally in...
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Produced in partnership with David O'Donnell and Cara Cooke of Mason Hayes & Curran 4th Jun
Practice notes

EU collection—Commercial

EU collection—CommercialThis page collects together Commercial content that addresses matters of EU law.For information on EU law generally, see EU...
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4th Jun
Practice notes

Doing business in: Germany

Doing business in: GermanyUpdated in December 2019IntroductionGermany is the strongest economy in Europe and one of the largest worldwide. Its central...
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Produced in partnership with Regina Glaser, Torsten Groß, Dominik Eickemeier, Dr Vinzenz Bödeker, Fabian Gaffron, Dr André Szesny, Rainer Dr Velte and Dr Bodo Dehne 4th Jun
Practice notes

Doing business in: Indonesia

Doing business in: IndonesiaUpdated in May 2019IntroductionThe business environmentForming a companyFinancing a companyOpening a branch office and...
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Produced in partnership with Assegaf Hamzah & Partners 4th Jun
Practice notes

Doing business in: the US

Doing business in: the USUpdated in November 2020IntroductionThe business environmentForming a companyFinancing a companyOpening a bank...
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Produced in partnership with Mark Rowbotham of Portcullis ISC 4th Jun

Popular documents

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedings

Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements.There must be:•a statement•made out of court•relied on for the truth of the matter stated,

Indirect discrimination

Indirect discrimination

Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law

Provisional sums

Provisional sums

Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an amount inserted in a bill of quantities, or contract sum analysis, to cover certain items of work that cannot be accurately defined, detailed or valued

Indemnity costs orders—principles

Indemnity costs orders—principles

Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may order that costs are assessed on an indemnity basis so that any doubt as to the costs claimed are resolved in favour of the receiving party. Compare