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Commercial weekly highlights—23 September 2021

Commercial weekly highlights—23 September 2021

The following Commercial news provides comprehensive and up to date legal information on Commercial weekly highlights—23 September 2021

Google tells MPs online bill isn't place to tackle scam ads

Google tells MPs online bill isn't place to tackle scam ads

The following Commercial news provides comprehensive and up to date legal information on Google tells MPs online bill isn't place to tackle scam ads

Deloitte partners escape £19m claim over Barclays swaps

Deloitte partners escape £19m claim over Barclays swaps

The following Banking & Finance news provides comprehensive and up to date legal information on Deloitte partners escape £19m claim over Barclays swaps

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

The following Banking & Finance news provides comprehensive and up to date legal information on Due execution by company of real property documents (Mars Capital Finance Ltd v Hussain)

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 Q&As content

Q&As

What guidance is available to prepare for no deal Brexit?

What guidance is available to prepare for no deal Brexit?As things stand, if the UK and EU fail to agree and ratify an international treaty setting...
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22nd Sep
tag iconBrexit
Q&As

Do the Commercial Agent Regulations SI 1993/3053 apply to second hand or reconditioned goods?

Do the Commercial Agent Regulations SI 1993/3053 apply to second hand or reconditioned goods?General applicationRegulation 2 of the Commercial Agents...
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22nd Sep
Q&As

Would a manufacturer which 3D-prints products to a customer's design be providing goods, services or both under the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982?

Would a manufacturer which 3D-prints products to a customer's design be providing goods, services or both under the Sale of Goods Act 1979 or the...
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22nd Sep
Q&As

A deed of covenant has been executed in counterpart. One party has executed an old version of the document, the other has executed the final agreed version of the document. As a result the completed counterparts do not match. How can the incorrect counterpart be dealt with?

A deed of covenant has been executed in counterpart. One party has executed an old version of the document, the other has executed the final agreed...
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Produced in partnership with Steven Murray of Harrison Clark Rickerbys Limited 22nd Sep
Q&As

Do the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 apply to the appointment of a reseller of an internet of things product, which supplies software on a relicensable basis (services), and also third-party hardware with a pass through of warranties?

Do the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 apply to the appointment of a reseller of an internet of things product,...
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21st Sep
Q&As

If Company A endorses Company B or a trader to a consumer, is there any risk it could be sued by the consumer if Company B or trader does not act in accordance with the contract. Could that risk be mitigated if Company A incorporates an exclusion clause in their endorsement?

If Company A endorses Company B or a trader to a consumer, is there any risk it could be sued by the consumer if Company B or trader does not act in...
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20th Sep
Q&As

If, in a sale of goods transaction, A acts as agent for principal B (purchaser), but A expressly represents to third party seller (C) that the principal is someone other than B (because B does not, for whatever reason, want to be identified as the principal), can B sue C in relation to that transaction, despite A’s express representation to C that the principal was not B, but someone else(D)?

If, in a sale of goods transaction, A acts as agent for principal B (purchaser), but A expressly represents to third party seller (C) that the...
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20th Sep
Q&As

Does a settlement agreement, eg under section 203 of the Employment Rights Act 1996, have to be executed as a deed? When executing documents by a company acting by its officers, do their signatures need to be witnessed?

Does a settlement agreement, eg under section 203 of the Employment Rights Act 1996, have to be executed as a deed? When executing documents by a...
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17th Sep
Q&As

Can a bailment arise where Party A stores vehicles for Party B without monetary consideration?

Can a bailment arise where Party A stores vehicles for Party B without monetary consideration? This Q&A assumes that Party A stored vehicles for Party...
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17th Sep
Q&As

Can an attorney under a lasting power of attorney (LPA) execute a deed of resignation to resign the donor as a company director?

Can an attorney under a lasting power of attorney (LPA) execute a deed of resignation to resign the donor as a company director?We refer you to Q&A:...
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16th Sep
Q&As

What is the territorial scope of Directive 2002/58/EC (the EU ePrivacy Directive) and the Privacy and Electronic Communications (EC Directive) Regulations 2003?

What is the territorial scope of Directive 2002/58/EC (the EU ePrivacy Directive) and the Privacy and Electronic Communications (EC Directive)...
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16th Sep
Q&As

Can I terminate a contract on reasonable notice?

Can I terminate a contract on reasonable notice?In answering this Q&A, we have taken into consideration what steps a party needs to take to terminate...
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15th Sep
Q&As

Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force majeure event under English law?

Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force...
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Produced in partnership with Richard Colbey of Lamb Chambers 15th Sep
tag iconCOVID-19
Q&As

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?Is there a force majeure event?In English law, the...
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15th Sep
tag iconCOVID-19
Q&As

How do I activate a force majeure provision?

How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...
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Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep
tag iconCOVID-19
Q&As

What remedies are available for breach of a contractual exclusivity clause?

What remedies are available for breach of a contractual exclusivity clause?In answering this Q&A, we have assumed that the contract in question is a...
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15th Sep
Q&As

Can a contract be rescinded if, subsequent to the contract being concluded, one party attempts to redefine the terms?

Can a contract be rescinded if, subsequent to the contract being concluded, one party attempts to redefine the terms?In order to determine whether an...
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15th Sep
Q&As

What is the meaning of ‘severe breach’? What is the meaning of fundamental or repudiatory breach? What termination rights and rights to claim damages may arise in the event of any such breach?

What is the meaning of ‘severe breach’? What is the meaning of fundamental or repudiatory breach? What termination rights and rights to claim damages...
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15th Sep
Q&As

What is the process for revoking a deed or contract and putting in place a new replacement deed or contract?

What is the process for revoking a deed or contract and putting in place a new replacement deed or contract?We refer you to the following Practice...
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15th Sep
Q&As

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
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15th Sep
tag iconCOVID-19

Popular documents

Directors’ remuneration

Directors’ remuneration

Directors’ remunerationCompany directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role

Easements and perpetuities

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)An arms length management organisation (ALMO) is a not-for-profit company that provides housing services on behalf of a local housing authority (LHA). Usually an ALMO is set up by the LHA to manage and improve all or part of its housing stock with the LHA