Management and Soft Skills

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Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

Forming enforceable contracts—consideration

This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A...

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Produced in partnership with Richard Furlong of Carmelite Chambers 9th Nov

Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Produced in partnership with Paul Renteurs of 2 Hare Court 9th Nov

Practice notes

Highways, street works and statutory undertakers

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 9th Nov

Practice notes

Active bribery, passive bribery and bribing foreign public officials

The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...

Produced in partnership with Joanne Kane of Carmelite Chambers 9th Nov

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...

9th Nov

Practice notes

Single justice procedure

The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...

Produced in partnership with Quinton Newcomb of Fulcrum Chambers 9th Nov

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov

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

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

9th Nov

In-house

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Practice notes

Civil recovery orders in SFO cases

A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...

9th Nov

Practice notes

Definition and classification of highways

Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 9th Nov

Precedents

Letter responding to clarification requests

[On headed paper][insert date][Address of tenderer provided in request for clarification]Dear [[insert contact name of tenderer] OR [insert contact...

Produced in partnership with Peter Ware of Browne Jacobson 9th Nov

Practice notes

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...

Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 9th Nov

Most recent Management and Soft Skills content

Precedents

Defamation—training materials

These training materials consist of template PowerPoint slides that can be used as the basis of one or more training seminars on defamation law. The...

29th Nov

Practice notes

Defamation and social media

The internet and, in particular, social media is a high risk area for defamation litigation. Content posted on blogs, internet forums, online...

Produced in partnership with 5RB 29th Nov

Precedents

Notice and take-down letter—defamation

Address of Website OperatorDear [insert organisation name]Notice and take-down letterWe act for [insert client details], on whose instructions we are...

29th Nov

Practice notes

Misuse of private information and related claims

The tort of misuse of private information is the principal cause of action relied upon to protect privacy rights, at least against defendants who are...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB 29th Nov

Practice notes

Defamation and malicious falsehood—publication

This Practice Note examines the role of publication in an action for defamation or malicious falsehood. It reviews key case law and legislation, and...

Produced in partnership with 5RB 29th Nov

Practice notes

Privacy law—misuse of private information

The tort of misuse of private information is focused on 'the protection of human autonomy and dignity—the right to control the dissemination of...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB and Daniel Bishop 29th Nov

Practice notes

Defamation—practical aspects

Defamation Act 2013Before the implementation of the Defamation Act 2013 (DA 2013), defamation actions acquired a reputation for technicality and...

Produced in partnership with 5RB 29th 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),...

Produced in partnership with 5RB 29th Nov

In-house

Practice notes

An introduction to social media

This practice note describes briefly different types of social media services and websites and explains the key risks associated with social media for...

29th Nov

Practice notes

Defamation

The tort of defamation is governed by a mixture of statute and common law. The relevant statutory law is contained in:•the Defamation Act 1952 (DA...

Produced in partnership with 5RB 29th Nov

Practice notes

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...

Produced in partnership with 5RB 29th Nov

In-house

Practice notes

Social media and user-generated content

This Practice Note examines the legal risks associated with leveraging social media and user-generated content (UGC) and provides practical guidance...

Produced in partnership with Squire Patton Boggs 29th Nov

Practice notes

Coronavirus (COVID-19)—local government tracker

This tracker is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest...

27th Nov

COVID-19

Precedents

Identifying who does what in a process (RACI framework)—blank

KeyR = Responsible—the person responsible for carrying out the taskA = Accountable—the person ultimately responsible for the taskC = Consulted—someone...

28th Sep

Practice notes