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NEWS
This week's edition of Commercial weekly highlights includes: announcement by the Department of Health and Social Care on new restrictions on junk food advertising aimed at children, news that the Competition and Markets Authority has published summary guidance to its Price Transparency Guidance which aims to help traders comply with the price transparency provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), and news that the Department for Business and Trade has launched a consultation on the draft Competition Act 1998 (Technology Transfer Agreements Block Exemption) Order 2026.
NEWS
This week's edition of Commercial weekly highlights includes: commentary on the Court of Appeal's decision in Hipgnosis v Manilow which held that jurisdiction of the English Courts is determined at the date of issue of proceedings, analysis of the conflict between online trader recommendation platforms’ duty to prevent fake reviews and their contractual duties to businesses featured on their platforms, and news that the Office for Product Safety and Standards has published guidance on the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2025, which comes into effect on 30 October 2025.
NEWS
This week's edition of Commercial weekly highlights includes: a High Court judgment in Boult v Together Personal Finance Ltd on the effect of a post-execution material alteration to a deed without consent; news that the Information Commissioner’s Office has updated its UK General Data Protection Regulation lawful basis guidance to reflect the amendments introduced by the Data (Use and Access) Act 2025; and implementation by the Department for Business and Trade of a mandatory alternative dispute resolution accreditation framework pursuant to the Digital Markets, Competition and Consumers Act 2024.
NEWS
This week's edition of Commercial weekly highlights includes: analysis of the rise of product duplicates, also known as dupes, which sets out practical advice for navigating the related IP issues, commentary on the decision in THJ Systems v Sheridan which considers whether there was a failure to comply with the advertising obligations set out in a software licence agreement, and news that the Competition and Markets Authority has published four memoranda of understanding to formalise regulatory coordination with key UK authorities under the Digital Markets Competition Regime.
NEWS
This week's edition of Commercial weekly highlights includes: a High Court decision in AFH Independent Financial Services Ltd v Baker finding that a non-solicitation covenant was enforceable but a non-dealing covenant was an unenforceable restraint of trade, analysis of the high threshold for successful procurement challenges, including guidance on manifest error, contracting authorities' margin of discretion and contract modifications under the Concession Contracts Regulations 2016; and news of Ofcom's £28 million fine against Virgin Media for breaching consumer protection rules by making contract cancellation unreasonably difficult.
NEWS
This week's edition of Commercial weekly highlights includes: analyses on the rise of recommerce, the ICO’s fining guidance for data protection law breaches and commentary on the decision in Working on Wellbeing Ltd (trading as Optima Health) v Secretary of State for Work and Pensions which provides a comprehensive overview of all legal principles relevant to the treatment of non-compliant public procurement bids. This week’s highlights also includes the Supreme Court’s judgment in Sharp Corp Ltd v Viterra BV which includes clarification of the principles concerning the assessment of damages under the GAFTA default clause.
NEWS
This week's edition of Commercial weekly highlights includes: judgment of the Court of Appeal in Orion Shipping and Trading Ltd Llc v Great Asia Maritime Ltd where the court allowed the appeal against the High Court judgment that had overturned an arbitral award granting damages for loss of bargain, judgment of the Court of Appeal in Advanced Multi-Technology for Medical Industry v Uniserve Ltd where the court ruled on appeals arising from disputes over a supply contract and a commission contract signed during the peak of the COVID-19 pandemic, and news that the Competition and Markets Authority has published guidance on how to report suspected breaches of competition or consumer law, detailing the process and expectations for complainants.
GLOSSARY
A commercially reasonable efforts clause is a contractual term varying depending on the context in which it is used; they can be indefinite, but generally not so vague as to be unenforceable.
Q&As
Current legal position At present, the result of the UK referendum on 23 June 2016 has had no effect on UK law or on the legal relationship between the UK and the EU. Therefore: • the UK is still a member of the EU; and • EU law still applies in the UK, and UK legislation which implements EU law (such as the 2015 and 2016 public procurement Regulations) continues in force This means that UK contracting authorities are still required to comply with the Public Contracts Regulations 2015, SI 2015/102 (for example) when awarding public contracts which fall under those Regulations. It also means that UK companies continue to benefit from the rights derived from Directive 2014/24/EU (the Public Contracts Directive) on public procurement (for example) when seeking to participate in public procurement processes in other EU Member States. Future legal position The legal position is unlikely to change until the UK triggers the process laid down by Article 50
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Introduction This Practice Note is intended to be used to track key developments and guidance specifically related to Brexit and commercial law. Where possible we have grouped related developments together for the readers’ convenience. Jump to: • Advertising, marketing and sponsorship • Agency and distribution • Consumer protection • Data protection • E-commerce • Sale and supply of goods • Supply of services • International trade—importing and exporting goods and services • International trade—customs & excise Brexit—general This Practice Note does not track general Brexit developments, for which see Practice Note: Brexit timeline [Archived]. To track the progress of UK legislation introduced as part of the legislative preparation for the UK’s withdrawal from the EU, see Practice Note: Brexit legislation tracker [Archived]. On 31 January 2020 (Exit Day), the UK ceased to be an EU Member State and entered an implementation period, during which it continued to be subject to EU law. Transitional provisions in the UK legislation implementing the Withdrawal Agreement, namely the European
PRACTICE NOTES
This Practice Note is a horizon scanner tracking key future developments in the field of commercial law in the UK. It provides details of key dates for your diary (including forecasted dates where the actual date is unknown) and relevant commentary in relation to: • Legislation: ◦ Bills in progress ◦ Acts not in force, partially in force or subject to staged introduction ◦ Statutory Instruments in progress • Case appeals: ◦ Supreme Court • Other key developments: ◦ Consultations ◦ Calls for evidence ◦ Inquiries This horizon scanner does not cover past developments, such as legislation fully in force or final judgments. For details of past developments in 2026 in the field of commercial law in the UK, see Practice Note: Commercial tracker. For a round-up of updates in 2025 and looking ahead to 2026, see News Analysis: Commercial—key developments of 2025 and horizon scanning in 2026. Legislation For information on legislation that has entered into full force in 2026, see Practice Note: Commercial tracker—Legislation. Bills in progress What’s happening? When? What’s the
NEWS
Commercial analysis: This News Analysis provides a round-up of key developments in the field of commercial law in the UK in 2025 and looks ahead to what’s coming up in 2026. This edition focuses on developments in advertising, marketing and sponsorship, agency and distribution, consumer protection, contracts, sale and supply of goods and supply chain.