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Latest Commercial News

Expert evidence in public procurement challenges (Bop-Me Ltd v Secretary of State for Health and Social Care

Expert evidence in public procurement challenges (Bop-Me Ltd v Secretary of State for Health and Social Care

The following Commercial news provides comprehensive and up to date legal information on Expert evidence in public procurement challenges (Bop-Me Ltd v Secretary of State for Health and Social Care

Competition & Markets Authority loses consumer redress test case

Competition & Markets Authority loses consumer redress test case

The following Commercial news provides comprehensive and up to date legal information on Competition & Markets Authority loses consumer redress test case

The Supreme Court revisits the restraint of trade doctrine and examines solicitors’ undertaking in Harcus Sinclair v Your Lawyers

The Supreme Court revisits the restraint of trade doctrine and examines solicitors’ undertaking in Harcus Sinclair v Your Lawyers

The following Commercial news provides comprehensive and up to date legal information on The Supreme Court revisits the restraint of trade doctrine and examines solicitors’ undertaking in Harcus Sinclair v Your Lawyers

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)

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...

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...

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 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...

Information society services and e-commerce

Information society services and e-commerce

Information society services and e-commerceIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...

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
tag iconIn-house
Practice notes

Agreements to agree

Agreements to agreeThis Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has...
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19th May
Practice notes

Incoterms® 2020 Rules—DDP Delivered duty paid

Incoterms® 2020 Rules—DDP Delivered duty paidThis Practice Note comprises the guidance note to the DDP Delivered duty paid Incoterm in the Incoterms®...
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19th May
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
Precedents

Change of control clause

...
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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
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

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

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
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
Precedents

Deed of release and waiver

This Deed is made on [date]Parties1[insert name of Party A], a company incorporated in England and Wales with registered number [insert company...
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19th May
tag iconIn-house
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
tag iconIn-house

Most recent Q&As content

Q&As

What is interest-based advertising and online behavioural advertising?

What is interest-based advertising and online behavioural advertising?Interest-based advertising, or behavioural advertising (now known as...
Read More >
Produced in partnership with Jude King of Facebook 25th Jul
Q&As

When licensing intellectual property rights such as copyright in the media sector, is a grant of rights ‘worldwide’ enough or should the territory ever be ‘the universe’?

When licensing intellectual property rights such as copyright in the media sector, is a grant of rights ‘worldwide’ enough or should the territory...
Read More >
Produced in partnership with David Hansel of Hansel Henson 25th Jul
Q&As

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

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...
Read More >
25th Jul
tag iconBrexit
Q&As

If a building plot with planning permission is purchased, is there an inherent right to build according to the plans and specifications of the planning permission or would such use constitute infringement of the design rights and copyright in the plans? If permission is required, how and from whom can permission be sought?

If a building plot with planning permission is purchased, is there an inherent right to build according to the plans and specifications of the...
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Produced in partnership with Joshua Marshall of Fieldfisher 25th Jul
Q&As

In circumstances where a licensor has granted an exclusive licence of the copyright in a work to a licensee, can the licensor rely on the fair dealing exemption pursuant to the Copyright, Designs and Patents Act 1988 as an exclusion from infringement if it uses the work itself?

In circumstances where a licensor has granted an exclusive licence of the copyright in a work to a licensee, can the licensor rely on the fair dealing...
Read More >
25th Jul
Q&As

What are the laws relating to prize promotions in Scotland?

What are the laws relating to prize promotions in Scotland?The law relating to prize promotions is substantially the same in Scotland as it is in...
Read More >
25th Jul
tag iconScottish Law
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?

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...
Read More >
25th Jul
tag iconBrexit
Q&As

Are assignment clauses in employment contracts transferring all present and future IP rights to an employer valid?

Are assignment clauses in employment contracts transferring all present and future IP rights to an employer valid?Ownership positionBy operation of...
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25th Jul
Q&As

Is bespoke software developed for a customer a ‘good’ for the purpose of the Sale of Goods Act 1979?

Is bespoke software developed for a customer a ‘good’ for the purpose of the Sale of Goods Act 1979?Software can be broadly defined as a computer...
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25th Jul
Q&As

If an organisation contracts a third party to make direct marketing calls on its behalf, must its call centre operatives say they are calling from the third party or can they act as if they are calling from the original organisation?

If an organisation contracts a third party to make direct marketing calls on its behalf, must its call centre operatives say they are calling from the...
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25th Jul
Q&As

Do you have a clause suitable for use in a consumer contract for a mobile app under which the consumer pays for an annual subscription?

Do you have a clause suitable for use in a consumer contract for a mobile app under which the consumer pays for an annual subscription?We have two...
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25th Jul
Q&As

To what extent is it possible to ‘own’ data and what can you do to protect the rights arising in relation to data that is in your possession or control?

To what extent is it possible to ‘own’ data and what can you do to protect the rights arising in relation to data that is in your possession or...
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25th Jul
Q&As

Now that the new section 24(1A) of the Trade Marks Act 1994 is in force, what practical steps should be taken when transferring a business to ensure that trade marks that are required to be retained are not inadvertently assigned to the purchaser? Is there any guidance as to the circumstances in which the presumption in favour of transfer will not apply?

Now that the new section 24(1A) of the Trade Marks Act 1994 is in force, what practical steps should be taken when transferring a business to ensure...
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Produced in partnership with Paul A. Harris of Venner Shipley 25th Jul
Q&As

What formalities are required for a valid assignment or licence from joint authors of a copyright work?

What formalities are required for a valid assignment or licence from joint authors of a copyright work?Section 173(2) of the Copyright, Designs and...
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25th Jul
Q&As

In a situation where a customer of a potential outsourcing shares information with a tenderer in an invitation to tender (ITT) so the tender can consider TUPE liabilities or obligations in relation to the salary of the role, average length of service and staff location for the role, is the information likely to be personal data as defined under the General Data Protection Regulation (GDPR)? If so, what provisions should be included in the ITT to protect the customer in view of its obligations under the GDPR?

In a situation where a customer of a potential outsourcing shares information with a tenderer in an invitation to tender (ITT) so the tender can...
Read More >
Produced in partnership with Jack Roberts of Shoosmiths 25th Jul
Q&As

Are there any government approved standard GDPR compliant data processing clauses for use by public authorities?

Are there any government approved standard GDPR compliant data processing clauses for use by public authorities?The General Data Protection Regulation...
Read More >
25th Jul
Q&As

What are the requirements to run a lottery including the requirements for a licence and potential terms and conditions?

What are the requirements to run a lottery including the requirements for a licence and potential terms and conditions?It is not uncommon for...
Read More >
25th Jul
Q&As

What do I need to know about using social media for advertising?

What do I need to know about using social media for advertising?I use social media to advertise—what are the rules?Social media has an incredible...
Read More >
25th Jul
Q&As

In a prize promotion, is the nature of the prize relevant to an assessment of whether the promotion is an illegal lottery?

In a prize promotion, is the nature of the prize relevant to an assessment of whether the promotion is an illegal lottery?LotteriesUnder the Gambling...
Read More >
25th Jul
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)...
Read More >
25th Jul

Popular documents

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as a means of enforcing a judgment debt, with reference to CPR 72. The order directs a third party who owes money to the judgment debtor to pay that

Skeleton arguments

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not

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

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss application

Guide to using the Lexis®PSL Employment Schedule of Loss applicationThe automated unfair dismissal schedule of loss is designed to make the preparation of a schedule more efficient, accurate and also easier to update. It:•can be used to create a schedule for a claimant or a counter-schedule for a