Fladgate

This Practice Note outlines the eligibility requirements and procedure (including application form and fee information) for making an application under the Representative of an Overseas Business route. It looks at the English-language, financial, suitability and validity requirements, period and conditions of permission, dependants, and applications for settlement after five years. The route has been closed to new entrants under the sole representative provisions since 11 April 2022, but remains fully open to media representatives.

This Practice Note identifies changes to foreign business-to-business contract terms typically required to ‘localise’ them for use in the UK under English law and, conversely, the terms that typically need to be reviewed if English law business-to-business contract terms are to be adapted for use in a different jurisdiction. In this context, it focuses on common commercial terms in IT contracts, general English law localisation issues, common law implied terms, statutory controls on contract terms and some common issues with English law doctrines and convention.

This Practice Note provides practical guidance when drafting and advising on an invitation to tender (also known as a request for proposal) in the context of a commercial private procurement transaction. It includes considerations on preparation and planning, confidentiality and intellectual property, approach, legal status, key issues, drafting considerations, contractual terms and conditions, evaluation criteria, stakeholder management and cross-border issues.

This Practice Note, written by Katya Vagner of Fladgate, explains the three main instances when inheritance tax (IHT) applies to transfers of value to and from close companies, including gifts to or from a close company and the alteration of a company's share capital. It also covers exceptions to the general rules and special rules applicable to trustees.

This Practice Note explains the inheritance tax (IHT) relief available to estates where a beneficiary who has inherited or received a lifetime chargeable gift of assets themselves dies within five years of the first IHT charge, ie where there are two deaths within a five year period such that the same assets would otherwise be fully chargeable to IHT twice. It covers the application of quick succession relief (QSR) against successive charges to IHT under section 141 of the Inheritance Tax Act 1984, the interaction with other IHT reliefs and includes some planning points while noting that of course it is not generally possible to plan for the application of this relief.

This Practice Note explains the circumstances in which a reduced rate of inheritance tax (IHT) is available for estates where 10% or more of the estate is left to a charity or registered club, such that the remainder of the estate or relevant component is liable to IHT at the rate of 36% rather than 40%. It covers the calculations required to ascertain the value of the net estate for the purposes of qualifying for the reduced rate and includes an outline draft calculation. It also deals with the election to merge components and wider issues such as the interaction between the reduced rate and IHT reliefs including quick succession relief, agricultural property relief and business property relief.

This Practice Note considers the use of discretionary trusts in Wills (eg NRBDTs and other types of discretionary Will trust) and the potential benefits of their use for inheritance tax (IHT) and other purposes under section 144 of the Inheritance Tax Act 1984. It covers why discretionary Will trusts are used, the IHT treatment of such trusts and highlights some traps and planning points for practitioners to be aware of. It also compares the position to variations of Wills or entitlements on intestacy.

This Practice Note gives an overview of the processes, issues and landscape for technology practitioners working in public procurement. It explores public procurement principles, framework agreements, the digital marketplace and model contracts.

This Practice Note explains the key legal and practical issues involved in using framework agreements for services. It explains what framework agreements are, the reasons for using these types of agreements (or not) and points to consider when drafting a framework agreement.

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in commercial agreements, including the terms: abandonment; wilful misconduct; and deliberate default. It considers how these terms have been interpreted via case law and includes tips for parties when drafting and negotiating commercial agreements.

This Precedent intra-group services agreement is intended for use as a supply of services agreement where the customer and the supplier are members of the same group of companies and, as such, it is not intended to favour either party and, where appropriate, it adopts a simpler approach than equivalent business-to-business (B2B) agreements. For example, detailed provisions relating to supplier evaluation, warranty periods and performance criteria, and supply chain clauses such as those dealing with modern slavery and anti-bribery have been omitted.

This Precedent international intra-group services agreement is intended for use as a supply of services agreement where the customer and the supplier are members of the same group of companies and where the supplier company is located in a jurisdiction other than England and Wales. The Precedent is not intended to favour either party and, where appropriate, it adopts a simpler approach than equivalent business-to-business (B2B) agreements. For example, detailed provisions relating to supplier evaluation, warranty periods and performance criteria, and supply chain clauses such as those dealing with modern slavery and anti-bribery have been omitted.

This Precedent manufacturing agreement is for use where a manufacturer manufactures product on behalf of a customer, and is drafted with a pro-customer bias. This manufacturing agreement assumes that the customer supplies the design specification for the product and the manufacturer provides the raw materials and packaging for the manufacture of the product. An optional exclusivity clause is included requiring the manufacturer to only manufacture the product for the customer. In this Precedent manufacturing agreement, the customer retains the ownership of all intellectual property rights in the product manufactured and any improvements relating solely to the product. It is assumed that tooling is supplied by the manufacturer as part of the price.

This Precedent manufacturing agreement is for use where a manufacturer manufactures product on behalf of a customer, and is drafted with a pro-manufacturer bias. This manufacturing agreement assumes that the customer supplies the design specification for the product and the manufacturer provides the raw materials and packaging for the manufacture of the product. In this Precedent manufacturing agreement, each party retains ownership of all intellectual property rights that they bring to the arrangement and any improvements created by them. It is assumed that tooling is supplied by the manufacturer as part of the price.

This Q&A considers whether an expired contract can be reactivated by the parties agreeing to extend it.

This Q&A considers whether a solicitor acting on his own behalf and through his own firm, albeit without a signed retainer, can claim costs.

This Q&A looks at the circumstances in which a notice of discontinuance should be served.

This Q&A considers the application of Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (the Consumer Contracts Regulations).

This Q&A outlines some of the key issues to consider when seeking to manage the effects of inflation during the negotiation of price variation clauses in a commercial contract.

This Q&A considers how one can determine whether agreed directions have been approved by the court and whether and on what basis a party to a multi-track claim request the other party to provide early disclosure.