Doing business in key global jurisdictions

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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 launches Voluntary Code of Good Practice for Prize Draw Operators

The Department for Culture, Media and Sport (DCMS) has launched a Voluntary Code of Good Practice for Prize Draw Operators intended to strengthen player protections and improve the accountability of prize draw operators. The code establishes industry standards, including: (1) a £250 monthly cap on credit card entries for prize draws and a complete ban on credit card entries for instant-win competitions; (2) a commitment to ensure that free entry routes are clearly publicised and accessible and (3) measures for operators to identify and mitigate potential harm. Prize draws do not currently require a licence under the Gambling Act 2005 (GA 2005) as they offer free entry routes. More than 20 operators, including Omaze, Best of the Best and Raffle House have signed up to the code, with signatories given six months to implement its provisions.

Contract is King—Supreme Court confirms the MacKay v Dick principle does not apply in England & Wales (King Crude Carriers SA v Ridgebury November LLC)

Commercial analysis: In King Crude Carriers SA v Ridgebury November LLC, the Supreme Court has unanimously reversed the Court of Appeal’s decision on the proposition that the Mackay v Dick principle has effect in English law, holding that there is no such English law principle. Part of that principle is that a condition in a contract, which would give rise to a debt owed by a party if fulfilled, should be treated as fulfilled (or dispensed with or waived) where that party wrongfully prevents the condition from being satisfied (the other aspect of Mackay v Dick set out by Lord Blackburn (that there is an implied duty to cooperate to ensure performance of a contract) was not subject to appeal and was described by the Supreme Court as ‘not controversial’). Written by David Bridge, partner, Lisa Fox, knowledge counsel, and Pippa Borton, associate, all at CMS.

Commission publishes guidelines on the EU GPSR and the Safety Business Gateway

The European Commission has issued new guidance outlining the obligations under the General Product Safety Regulation (GPSR) for all economic operators in the EU product supply chain. The guidance confirms that manufacturers, importers, distributors and online marketplace providers must ensure products are safe by design, supported by thorough risk assessments and detailed technical documentation. It highlights the use of European standards as a key means of demonstrating product safety. It also sets out procedures for reporting dangerous products, including the use of the Safety Business Gateway for recalls and consumer protection.

The knowledge element of waiver by election in commercial contracts (URE Energy Ltd v Notting Hill Genesis)

Commercial analysis: The doctrine of waiver by election holds that, in a situation where a person is entitled to alternative rights inconsistent with one another and, with the knowledge of the relevant facts, acts in a manner which is consistent only with his having chosen one of those rights, the law holds him to his communicated choice. Election generally requires knowledge of the facts giving rise to the choice. In Peyman v Lanjani, the Court of Appeal held that it also requires knowledge of the legal right being waived. In URE Energy Ltd v Notting Hill Genesis, the Court of Appeal considered the important question of what knowledge is necessary where the right arises under the express terms of a signed contract. Is the waiving party deemed to have knowledge of those terms (so that actual knowledge of them does not have to be expressly proved)? Written by Seb Oram, barrister at International Construction Chambers.

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