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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

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

Analysing vertical agreements under competition law

This Practice Note is important first stage reading for analysing vertical restraints, that is, restrictions in vertical agreements caught by Article

Deeds

Under English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which a

Practice notes

Sale and supply of services contracts

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...

Produced in partnership with Athena Markides 20th Oct

In-house

Practice notes

Late Payment of Commercial Debts (Interest) Act 1998

The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates rights for businesses (and organisations in the public...

16th Oct

In-house

Practice notes

Business to business e-commerce—legal issues

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...

14th Oct

In-house

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...

14th Oct

COVID-19

In-house

Practice notes

Electronic signatures

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...

30th Sep

COVID-19

In-house

Practice notes

Guarantees and indemnities—general contract

This Practice Note summarises the key elements of guarantees and indemnities, the circumstances in which they are used, issues that beneficiaries and...

25th Sep

In-house

Practice notes

Boilerplate clauses in business-to-consumer contracts—specific clauses

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...

25th Sep

In-house

Practice notes

Implied terms in contracts for goods and services

This Practice Note considers implied terms in contracts for goods and services, being the implied terms incorporated into contracts for the sale and...

25th Sep

In-house

Practice notes

Consumer Rights Act 2015—goods

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...

25th Sep

In-house

Practice notes

Heads of terms

This Practice Note considers heads of terms (also known as a memorandum of understanding (MoU), letter of intent (LOI), comfort letter, pre-contract...

25th Sep

In-house

Practice notes

Execution formalities—companies

This Practice Note provides practical guidance on the execution of documents by companies after 6 April 2008 (being the date on which the relevant...

25th Sep

In-house

Practice notes

How to terminate an agreement

IntroductionAs commercial lawyers, we are used to being instructed to advise in connection with the formation of a commercial relationship. Even if,...

25th Sep

In-house

Practice notes

Non-compete clauses in commercial agreements

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...

25th Sep

In-house

Practice notes

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...

25th Sep

In-house

Practice notes

Reasonable and best endeavours

This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in...

25th Sep

In-house

Practice notes

Executing documents—deeds and simple contracts

This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences...

25th Sep

COVID-19

In-house

Most recent Q&As content

Q&As

What considerations should practitioners be taking into account when deciding whether or not the provisions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 apply to franchise agreements?

Termination for insolvencyMost typical franchise agreements involve the provision of support by the franchisor to the franchisee and will have a...

28th Sep

Q&As

Would the leasing of a property by a contracting authority to provide temporary accommodation for its residents fall within the scope of the Public Contracts Regulations 2015?

The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, reg 10 excludes a number of a specific categories of service contract from the scope of...

Produced in partnership with Alfred Artley of Monckton Chambers 28th Sep

Q&As

What are the requirements for the execution of a deed governed by English law by a non-UK corporate body?

A deed is a specific form of written instrument required for certain transactions. Deeds must be executed in accordance with statutory formalities...

28th Sep

Q&As

In relation to the Commercial Agents (Council Directive) Regulations 1993, how would a commercial agent enforce its rights under regulation 12, for the principal to release the books? Is there any guidance as to the interpretation of 'devotes substantially the whole of his time' under Schedule 3(c)?

Enforcing rightsUnder the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, reg 12(1) states: 'The principal shall supply his...

28th Sep

Q&As

What is the difference between negligence and gross negligence in commercial contracts?

In this Q&A we refer to the concepts of negligence and gross negligence within a business-to-business contract, and not, gross negligence in relation...

28th Sep

Q&As

If a partner causes a general partnership to incur additional expenditure in breach of the duty of good faith, can those losses be claimed as damages?

Duty of good faithThe question of whether a partner has breached their duty of good faith, and whether that breach is sound in damages, will depend on...

28th Sep

Q&As

Can an execution block be amended after execution and delivery of a deed? For example, where a document was executed as a deed by a company purporting to act by a director and a power of attorney, but the attorney should have signed as a witness in accordance with section 44 of the Companies Act 2006, can the attestation be changed to refer to the attorney as a witness and is the execution by the company valid?

Formalities required for a deedThe requirements of a deed are set out under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989...

28th Sep

Q&As

Where an attorney has acted beyond the scope of a power of attorney in the disposal of the donor’s property, can the third party enforce the sale contract against the donor of the power of attorney? What action would the donor have against the attorney?

Power of attorney, scope and powerA power of attorney is a document that is entered into as a deed under which one party (the donor) grants to the...

28th Sep

Q&As

Can I terminate a fixed-term commercial contract early?

Can I terminate a fixed term commercial contract early?We have a contract with another organisation, which is for a fixed term. However, we would like...

28th Sep

Q&As

What are the consequences of the OFT closing?

The Office of Fair Trading (OFT) was set up in 1973 and closed on 1 April 2014 as part of the government's reform in this area. The Enterprise and...

28th Sep

Q&As

How does the Limitation Act 1980 affect contracts for the supply of energy?

The Limitation Act 1980 (LA 1980) is the key statutory framework setting out the circumstances when a limitation defence may or may not be taken. For...

28th Sep

Q&As

Can a consultant limit liability for the advice provided by a third party whom the consultant sources?

ConsiderationsA consultant who wishes to limit its liability in respect of advice provided by third party consultants should consider the following:•...

28th Sep

Q&As

What are the obligations in law to provide a refund for a service eg a train ticket, where the customer has changed their mind and doesn’t use the ticket? Are businesses legally required to display their refund notice at the point of sale?

Position for B2C transactions provided by consumer protection legislationGenerally, a term which seeks to restrict the ability to cancel a contract...

28th 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?

The Sale of Goods Act 1979 (SGA 1979) applies to contracts for the sale of all types of goods for money consideration. Goods are defined in broad...

28th Sep

Q&As

Will our insurance cover us for coronavirus (Covid-19)?

The impact of the coronavirus (COVID-19) pandemic has profound implications for the global economy and for individual businesses. Government measures...

28th Sep

COVID-19

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?

Long-stop dateAs stated in the Drafting Notes to clause: Long-stop date definition, the term long-stop date is commonly included in an agreement that...

28th Sep

Q&As

Who is responsible for tax liabilities resulting from an assignment of an agreement?

The intention of the parties, together with the detail of the agreement and particular tax implications in question, will be relevant in considering...

28th Sep

Q&As

How long does a party remain liable under a contractual indemnity when there is no time limit specified?

Generally, the limitation period for bringing a claim for breach of contract is six years from the date of breach of a ‘simple contract’ (section 5 of...

28th Sep

Q&As

What options does a consumer client have if a faulty installation has not been rectified after more than one attempt? Can they ask for a full refund and to remove the system?

The Consumer Rights Act 2015 (CRA 2015) covers consumer rights and remedies for the sale of goods and supply of digital goods and services, and reform...

28th Sep

Q&As