The common law trust has long been a feature in many kinds of commercial arrangements; however, its application is nuanced and adapted to the specific context of such arrangements. Moreover, while the fundamental principles of equity underpinning traditional trusts are relevant, courts have recognised more and more that the detailed rules developed for traditional trusts cannot be applied wholesale to commercial trusts. The trust has certain unique characteristics which set it apart from other legal relationships, such as contract, agency and bailment. This Practice Note sets out some of the many uses to which it has been, and may yet be possible, to put a trust which is created intentionally in order to fulfil a commercial purpose. Trusts that are created by operation of law regardless of the parties' intention or as a result of litigation are outside the scope of this Practice Note. What is a trust? See Practice Notes: An introduction to trusts for commercial lawyers and Nature and classification of trusts—the nature and classification of trusts. For information on what a trust is, the different

This week's edition of Commercial weekly highlights includes: news that the Supreme Court has refused permission to appeal the decision in SMIT Salvage BV v Luster Maritime SA which considered whether a legally binding contract was concluded where the parties recognised that some matters were still to be agreed upon at a later date, analysis of the decision in Artcrafts v MOU Ltd which considered whether an agreement contained express or implied terms permitting either party to terminate the agreement on reasonable notice, and news of the opening of the Competition and Markets Authority’s consultation on its draft guidance and rules to exercise its new direct enforcement powers regarding consumer protection law under the Digital Markets, Competition and Consumers Act 2024.

This week's edition of Commercial weekly highlights includes: analysis of the decision in Lancashire Schools SPC Phase 2 Limited v Lendlease Constructions (Europe) Ltd which considers the court’s discretion to strike out or to stay proceedings where a mandatory alternative dispute resolution clause has not been complied with, commentary on the English Law position on whether an agency agreement must be in writing, and news of the publication of the Department for Business and Trade’s response to its consultation on price transparency and product information for consumers.

This week's edition of Commercial weekly highlights includes: commentary on the Court of Appeal's decision in Expert Tooling and Automation Ltd v Engie Power Ltd which clarified when agents are required to fully disclose commissions to avoid breaching their fiduciary duties, analysis of the enhanced consumer enforcement powers introduced under the Digital Markets, Competition and Consumer Act 2024 which highlights key takeaways from the Competition and Markets Authority’s final guidance on the reformed consumer protection regime, and news that the Great British Energy Bill has been amended to include measures that tackle modern slavery and human trafficking in supply chains.

This week's edition of Commercial weekly highlights includes: the Supreme Court decision in MSC Mediterranean Shipping Company SA v Conti 11 Container Schiffahrts-GmbH & Co KG MS 'MSC Flaminia' which considered the right to limit liability under the 1976 Convention on Limitation of Liability for Maritime Claims, summary of the Competition and Markets Authority’s updated consumer protection guidance in light of the Digital Markets, Competition and Consumers Act 2024, and news that the Department for Business and Trade has published a new consultation on proposed amendments to the Package Travel and Linked Travel Arrangements Regulations 2018 alongside its response to the 2023 call for evidence on proposed amendments to the Regulations.

This week's edition of Commercial weekly highlights includes: an announcement by Ofcom that the timeframe for customers to escalate unresolved telecoms complaints will be reduced from eight weeks to six weeks, news that the UK Gambling Commission has fined Taichi Tech Limited £170,000 for breaches of licensing conditions, and failures in anti-money laundering and social responsibility measures, and news that the Competition and Markets Authority has launched a consultation on draft guidance for businesses on the price transparency provisions of the Digital Markets, Competition and Consumers Act 2024.

This week's edition of Commercial weekly highlights includes: analysis of the new Product Regulation and Metrology Bill which examines the impact of the Bill on existing product safety regulations, news that the Competition and Markets Authority has published new compliance guidance for unregulated legal service providers which provides information on key consumer law requirements, and news that the Information Commissioner's Office has launched a new audit framework to assist organisations in assessing compliance with data protection laws.

This week's edition of Commercial weekly highlights includes: a Court of Appeal decision in Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA holding that proceedings solely seeking security do not constitute a suit under the Hague-Visby time bar; analysis of EU AI Act labelling requirements for AI-generated advertising content; and the Competition and Markets Authority’s policy papers on competition and bid rigging in public procurement.

This week's edition of Commercial weekly highlights includes: commentary on the Court of Appeal decision in Quantum Advisory v Quantum Actuarial which considered whether an application for a trade mark constituted a breach of fiduciary duties, news that the Crown Commercial Service has published guidance for public sector buyers on how to prepare for the new regulations being created under the Procurement Act 2023, and news that the Information Commissioner’s Office has signed a new international multilateral agreement for data protection and privacy enforcement.

This week's edition of Commercial weekly highlights includes: analysis of the Competition and Markets Authority's use of its new consumer protection enforcement powers and the implications for businesses, announcement of the decision in Olam Global Agri Pte Ltd v Holbud Ltd which considered whether an innocent party must prove its ability to perform its obligations in order to recover substantial damages when the other party wrongfully declares force majeure, and news that the Committee of Advertising Practice has published new rules and guidance for advertising less healthy food and drink products.

This week's edition of Commercial weekly highlights includes: analysis of the decision in Burke Partnership v The Body Shop International Limited which considered whether franchise agreements could be terminated on reasonable notice in the absence of explicit termination rights, news of the DBT and DSIT’s joint request to the CMA to provide details of its plans and proposed timeline to implement the new Digital Markets competition regime, and news of the publication of a series of reports from the OPSS regarding its monitoring and evaluation framework, delivery of key strategic objectives, and consumer product compliance.

This week's edition of Commercial weekly highlights includes: commentary on the Supreme Court decision in Lipton v BA Cityflyer Ltd which considered whether the applicable law in a flight cancellation compensation claim was the EU Regulation that was in force at that material time the claim was brought, publication of the Court of Appeal decision in Houssein and others v London Credit Ltd which considered whether a default interest rate according to the terms of a facility letter was an unlawful penalty, and news that the International Chamber of Commerce's Digital Standards Initiative and United Nations Economic Commission for Europe have called for the adoption of globally interoperable standards which are important for achieving worldwide digital trade.