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PRACTICE NOTES
This new starter guide provides an introduction to Commercial law (Commercial). It is aimed at trainee solicitors and those who are new to Commercial as a practice area. It focuses on the key issues that arise when advising on Commercial matters and includes links to other Lexis+® UK sources and materials which provide more comprehensive information on the topics covered. Those who are new to Commercial are also likely to find the Overviews in each of the subtopics in the practice area useful. These Overviews summarise the law relating to a particular right or issue, providing links to relevant content within the subtopic to help navigate the area concerned. For an example, see: Outsourcing agreements—overview and Varying a contract—overview. Where something is not covered by this basic guide, use the Topics tab or Topics dropdown menu to browse further practice area content. What do Commercial lawyers do? Commercial lawyers act for businesses and organisations, providing guidance on an on-going basis in connection with their trading and operational requirements. They provide support to the board and senior management
PRACTICE NOTES
The following Commercial resources, providing useful practical commentary, legislation, rules and guidance for Commercial lawyers, whether in private practice or in-house, are available in Lexis+® UK. They are referenced and linked to in the Commercial content in Lexis+® UK. Please note, however, the titles listed can only be accessed with the relevant Lexis+® UK subscription(s). Consumer law Title Summary Who should use this resource? Butterworths Trading and Consumer Law The most comprehensive work on consumer law. This publication covers unfair commercial practices, criminal measures regulating consumer transactions and also fair trading and civil liability for goods, services and digital content, the display of prices and price promotions, advertising and consumer credit and provides a comprehensive treatment of the subject which practitioners will find invaluable. The work is organised to provide a practical treatment of trading standards law and is specifically designed to meet the requirements of those who regularly have to enforce, comply with or advise on consumer protection. Lawyers who regularly have to enforce, comply with or advise on consumer protection.  Enforcement of Consumer Rights and Protections Enforcement
NEWS
Law360: The High Court has ruled that a former Commerzbank AG analyst will face contempt of court proceedings after making false sexual assault allegations against a colleague as part of his failed harassment case against the bank.
GLOSSARY
Commingled goods are tangible goods that have been mixed or combined so that the individual items or original contributions can no longer be separately identified or detached without loss or disproportionate effort. In commercial and property law across England and Wales, Scotland, Northern Ireland and Ireland, the term is descriptive rather than a defined statutory concept, but it is recognised in case law and practice, particularly in relation to security over goods, sale of goods, bailment and insolvency.Typical examples include grain, oil, bulk liquids or fungible stock stored together in a shared tank, warehouse or pipeline, where different owners’ goods are indistinguishable. Key legal issues include: whether title passes to a co‑ownership share in the mass; priority and enforceability of retention of title and fixed or floating charges; and identifying rights on insolvency or enforcement.Under the Sale of Goods Acts and related case law, parties may acquire undivided shares in a bulk once certain conditions are met. Scots law treats mixtures through principles of accession, specification and commixtion, but the commercial outcomes are broadly similar. Clear contractual terms on risk, title, allocation of shares and rights on mixture are critical when dealing with commingled goods.
GLOSSARY
The court that grants confirmation (i.e. vests title) in the executors of a deceased person's estate, now the relevant sheriff court.
PRACTICE NOTES
This Practice Note provides an overview of the nature of commission schemes and how commission is typically calculated. It examines the structure of commission schemes, requirements in relation to written particulars of employment and the national minimum wage and the contractual or discretionary nature of such schemes. It goes on to consider the rights an employee has during employment in relation to commission and that the Unfair Contract Terms Act 1977 (UCTA 1977) has no application. Rights on termination are also considered and the types of claim available to an employee. The Practice Note explains the burden of proof in discretion claims, other potential claims the employee may have and signposts other material covering the taxation of commission payments. Some employers, typically those with employees engaged in sales roles, operate commission schemes. Under commission schemes, part or sometimes all of an employee's earnings are paid as commission rather than as basic pay. Commission is a payment that is generally dependent upon the level of sales achieved; the higher the level of sales, the greater the
GLOSSARY
In the context of the Bribery Act 2010, a commission is the giving of a financial advantage, although it is not necessarily a bribe.
NEWS
The Euopean Commission (the Commission) has published the wording of the proposed Commission Delegated Decision on the renewal of the determination that the solvency regime in force in Brazil, Japan and Mexico applicable to undertakings with their head office in those third countries is provisionally equivalent to that laid down in Title I, Chapter VI of the Solvency II Directive  (Directive 2009/138/EC).
NEWS
Commission Delegated Regulation (EU) 2026/1119 of 26 May 2026 supplementing Regulation (EU) 2024/3005 of the European Parliament and of the Council with regard to regulatory technical standards (RTS) specifying the information to be included in the application for authorisation as an ESG rating provider and in the application for recognition of an ESG rating provider has been published in the Official Journal of the EU. It enters into force on 2 September 2026 and applies from 2 July 2026.
NEWS
The European Commission President, Ursula von der Leyen, delivered the 2025 State of the Union address in Strasbourg on 10 September 2025, emphasising the need for Europe to stand united and fight for its values, democracy and independence in an increasingly hostile world. The speech highlights the challenges posed by global climate and health crises, the higher cost of living, and the war in Ukraine. It stresses the importance of Europe taking control of its own defence, security, technologies and energy sources, while also calling for unity between Member States, EU institutions, and pro-European democratic forces.
NEWS
The European Commission has abolished the €150 customs duty exemption for low-value e-commerce packages from third countries, effective from 1 July 2026. Under the new regulation, a flat duty of €3 per item will apply to goods purchased online and shipped directly to EU consumers. The duty is collected from platforms or businesses involved in the sale and transportation of goods, rather than from consumers at delivery. In addition, product identifiers must be declared voluntarily beginning 1 July 2026 and will become mandatory in November 2026. The €3 duty rate is transitional, starting in July 2028, the EU Customs Data Hub will apply standard duties based on the goods’ tariff classification, origin and value.
NEWS
The European Commission has accepted TikTok's binding commitments to address advertising transparency concerns under the EU Digital Services Act (EU DSA), following its investigation and preliminary findings from May 2025. The commitments require TikTok to provide full advertisement content as it appears in user feeds including URLs, update its advertising repository within 24 hours, disclose targeting criteria selected by advertisers with aggregated user data, and introduce additional search options for users. TikTok must implement these commitments within deadlines ranging from 2 to 12 months depending on the specific requirement. The Commission will monitor TikTok's compliance with these article 71 DSA commitments alongside its other DSA obligations. The commitments resolve advertising transparency issues identified in formal proceedings opened in February 2024, whilst separate investigations continue regarding TikTok's algorithmic systems, age assurance measures, researcher data access, minor protection obligations, and election-related risk management.