The following Commercial practice note provides comprehensive and up to date legal information covering:
This Practice Note explains how to review and amend key contract clauses to ensure that they are suitable for use following 11 pm on 31 December 2020, the point (referred to as IP completion day) at which the implementation period in respect of the UK’s exit from the EU came to an end. This note is intended mainly to assist organisations reviewing their standard contracts for use following IP completion day, rather than amending existing contracts, although it may be useful for the latter.
Although the underlying legal changes that have taken place are substantial, contracts remain largely unaffected and English contract law has not changed.
The Trade and Cooperation Agreement (TCA) agreed between the EU and the UK on their future relationship does not fundamentally change the impact that the end of transition has had. For further information, see: LNB News 24/12/2020 76 and LNB News 28/12/2020 12.
The majority of the necessary drafting changes are minor and cover changes to statutory references, definitions or terminology. Data protection is the area requiring the most scrutiny due to the change in legal regime coupled with the fact that the UK is now a third country for data protection purposes. Most boilerplate, including governing law and jurisdiction clauses, require no modification although changes in the underlying law means that there may be differences in the ways that such
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
This 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 deal with the
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