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What does IP completion day mean for the status of EU law in the UK?

The following Banking & Finance news provides comprehensive and up to date legal information on What does IP completion day mean for the status of EU law in the UK?

FCA test case—documentation for policyholders

The following Commercial news provides comprehensive and up to date legal information on FCA test case—documentation for policyholders

Chemical Strategy for Sustainability heralds most significant changes to EU Chemicals Regulation in 15 years

The following Commercial news provides comprehensive and up to date legal information on Chemical Strategy for Sustainability heralds most significant changes to EU Chemicals Regulation in 15 years

Corporate Insolvency and Governance Act 2020—the rise of the moratorium and restructuring plan and the fall of the Scheme?

The following Banking & Finance news provides comprehensive and up to date legal information on Corporate Insolvency and Governance Act 2020—the rise of the moratorium and restructuring plan and the fall of the Scheme?

Featured Commercial content

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

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...

Practice notes

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...

9th Nov

In-house

Practice notes

Nature and types of agency

BrexitAs of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Agreements to agree

This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...

9th Nov

Practice notes

Digital Content Directive—summary

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...

9th Nov

Practice notes

Carriage of goods by sea—charterparties

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Practice notes

Information society services and e-commerce

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...

9th Nov

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

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...

9th Nov

COVID-19

In-house

Practice notes

Agent and principal relationships with third parties

This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s...

9th Nov

Precedents

Deed of release and waiver

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

9th Nov

In-house

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

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...

9th Nov

In-house

Precedents

Short form letter of assignment

[On headed notepaper of the assignor]To: [Insert name and address of Assignee][Insert date]Dear [insert name of Assignee]Assignment of contractWe...

9th Nov

Practice notes

Agency and distribution compared

BrexitBrexit: 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,...

9th Nov

Practice notes

Private right of redress for consumers

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...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Most recent Q&As content

Q&As

What is an authorised economic operator (trusted trader) and when should a business consider applying for this status?

The Authorised Economic Operator (AEO) scheme is a quality-mark that is internationally recognised and confers on the complying entity the status of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 25th Jan

Q&As

What are commodity codes and procedure codes from 1 January 2021 and where do I find them?

A commodity code is a ten-digit code to classify goods for import and export declarations. It is used to identify the applicable tariffs, quotas,...

Produced in partnership with Victoria Hewson 25th Jan

Q&As

What is the concept of origin in the Trade and Cooperation Agreement between the UK and the EU?

The concept of ‘origin’The concept of ‘origin’ in the EU-UK Trade and Cooperation Agreement (TCA) refers to the origin of goods for the purpose of...

Produced in partnership with Fergus Randolph QC of Brick Court Chambers 25th Jan

Q&As

Can two attorneys sign a deed in lieu of two directors signing, or does it have to be one attorney and one witness?

Documents executed as deeds must be expressed as being executed by the company. A document will be deemed to be executed as a deed if it is duly...

22nd Jan

Q&As

How does a deal/no deal outcome at the end of the Brexit transition period impact the Northern Ireland Protocol?

The Northern Ireland Protocol (the Protocol) is contained in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern...

22nd Jan

Q&As

How can English courts apply or refer to a Court of Justice decision if the judgment is not published in English and therefore there is no Court of Justice approved judgment available in English?

At common law, foreign law is generally a matter of fact that must be proved by an expert witness (and where necessary a translator or interpreter)....

21st Jan

Brexit

Q&As

Do you have guidance on the general implications for UK trade in services with the EU27 if the UK trades with the EU on World Trade Organization rules following a ‘no deal’ Brexit outcome in March 2019?

For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to general trade...

20th Jan

Brexit

Q&As

What factors impact the choice of English law as the governing law for a new agreement which will directly impact upon the operation of existing agreements subject to other governing law choices?

By way of example, is it possible to have a master sale and purchase agreement governed by English law pursuant to which one party agrees to assign or...

20th Jan

Q&As

What is the impact of Brexit on international transfers of personal data?

This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection...

20th Jan

Brexit

Q&As

Have the standard contractual clauses (model clauses) been updated for the General Data Protection Regulation?

Background to the standard contractual clausesThere was a general prohibition in Directive 95/46/EC (the Data Protection Directive), on controllers...

20th Jan

Q&As

What’s the impact of failing to obtain a valid consent under the GDPR? Can you use a privacy notice to make up for a defect in such a consent?

Requirements for lawful processing of personal dataAn organisation cannot simply process personal data because it wishes to do so. It can only process...

20th Jan

Q&As

Organisation A (Host Organisation) was allowing Organisation B (Abandoning Organisation) to use its office space. Abandoning Organisation has now ceased trading and disappeared. Abandoning Organisation left various computer equipment (which is suspected to contain personal and other business data) at Host Organisation’s premises. What are Host Organisation’s obligations in respect of any such personal data on the equipment under the general data protection regulation (GDPR)? What steps can Host Organisation take to dispose of Abandoning Organisation’s equipment (and any associated personal data) in compliance with the GDPR?

This Q&A assumes that:•Host Organisation is based in the UK•Abandoning Organisation is a data controller in respect of at least some of the personal...

Produced in partnership with Sam Morrow 20th Jan

Q&As

A freeholder is contracting with a managing agent to manage a few properties in a block of flats. The agreement provided by the managing agent and entered into by the parties is dated September 2015. The agreement was for a fixed term of three years which renews automatically for a further three years unless three months notice is given, such notice to expire on the anniversary of the term. Does this clause violate the rule against perpetuities? Can the agreement be said to renew every three years for a further three years unless valid notice is given?

The rule against perpetuities exists to prevent property from being tied up indefinitely. There are three elements:•the rule against remoteness of...

20th Jan

Q&As

What impact will the UK’s decision to leave the EU have on the rules governing parallel imports and the exhaustion of rights? Will the position differ depending on whether or not the UK is a member of the European Economic Area (EEA)? How are the changes likely to affect brand owners and those who import branded goods into the UK?

The EU principle of exhaustion of trade mark rights currently has effect in the UK by virtue of two pieces of legislation:•section 12 of the Trade...

Produced in partnership with Bonita Trimmer of Browne Jacobson 19th Jan

Brexit

Q&As

How has Precedent: Framework services agreement—single contract with call-off orders—pro-supplier been updated to accommodate considerations stemming from the Corporate Insolvency and Governance Act 2020 which introduced the new section 233B into the Insolvency Act 1986?

In relation to Precedent: Framework services agreement—single contract with call-off orders—pro-supplier, we confirm that the Precedent has been...

19th Jan

Q&As

What are the formalities for an attorney executing a deed on behalf of a company?

Execution of deeds by companiesDocuments executed as deeds must be expressed as being executed by the company. A document will be deemed to be...

18th Jan

Q&As

What is an EORI number and when is it needed?

What is an EORI number and when is it needed?EORI stands for Economic Operators Registration and Identification.It is a user identification number for...

15th Jan

Q&As

Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State and its relationship with the EU is governed by the Withdrawal...

15th Jan

Brexit

Q&As

Is an acknowledgement of assignment an enforceable contract? Can the security agent sue the third party providing the acknowledgement for breach of contract if it does not do the things it has confirmed it will in the acknowledgement (even if the language does not state that the third party ‘undertakes’ to do any of the things it has been instructed to do but rather just ‘confirms’)?

For information in general on assignments by way of security and taking security over contractual rights, see Practice Notes:•Assignments by way of...

12th Jan

Q&As