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Joint, several, and joint and several liability

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...

Conditions precedent in commercial contracts

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

A company’s constitution

A company’s constitution

What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of...

Malicious falsehood

Malicious falsehood

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...

Practice notes

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...
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9th Nov
Practice notes

Defamation—defences

DefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act 2013 (DA 2013),...
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Produced in partnership with 5RB 9th Nov
tag iconIn-house
Practice notes

Starting a GDPR compensation claim—a practical guide

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...
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Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 9th Nov
Practice notes

Rome Convention—introduction and interpretation

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...
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9th Nov
Practice notes

Sub-licensing intellectual property rights

An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...
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Produced in partnership with Jessica Stretch 9th Nov
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Practice notes

Introduction to retained EU law

This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
tag iconBrexit
Precedents

Standard contractual clauses—set II—controller to controller (Model Clauses)

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...
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9th Nov
Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...
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9th Nov
tag iconBrexit
Practice notes

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...
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9th Nov
Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
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9th Nov
tag iconIn-house
Practice notes

Applications for interim injunctions for breaches of privacy

This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies.Coronavirus...
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Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB and Daniel Bishop 9th Nov
Precedents

Third party intellectual property rights indemnity clause—pro-supplier

1 Intellectual property rights indemnity 1.1 The Supplier shall defend the Customer against any third party claim that...
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9th Nov
tag iconIn-house
Practice notes

Applicable law clauses

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...
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9th Nov
Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...
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9th Nov

Most recent Rights of data subjects content

Q&As

What are the risks of an organisation keeping an internal list of blacklisted companies and/or individuals with whom it does not wish to do business on the basis of information received from third parties or from its own research?

In answering this Q&A, we have limited our research to cover data protection, defamation, restrictive agreements in competition law and the Employment...
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28th Sep
Q&As

What is the exemption to non-disclosure under section 35 of the Data Protection Act 1998?

The principal exemption from 'non-disclosure' obligations is contained in section 35 of the Data Protection Act 1998 (DPA 1998). DPA 1998, s 35...
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28th Sep
Q&As

What are the data protection implications of disclosing a director’s salary (without their consent) as part of prospective sale of a private limited company?

In answering this Q&A we have limited our research to cover the position under the Data Protection Act 1998 (DPA 1998) (not the General Data...
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28th Sep

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Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide

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Community order requirements

Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)

LEXISNEXIS

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the

LEXISNEXIS

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well