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PRACTICE NOTES
If a person drives or is in charge of a motor vehicle with a concentration of a specified controlled drug in their body which is above the legal limit, they will be guilty of an offence under section 5A of the Road Traffic Act 1988 (RTA 1988). The elements of the offence A person commits an offence if they: • drive, attempt to drive, or • are in charge of • a motor vehicle • on a road or other public place • with a concentration of a specified controlled drug in their body • and the proportion of that drug exceeds the specified limit It is a summary only offence, which will be tried in the magistrates’ court, unless the case also involves other more serious charges. This offence is distinct from the offence under the RTA 1988, s 4, (driving or being in charge of a vehicle while unfit to drive through drink
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of Operator] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Operator); and 2 [insert name of Customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer) (each of the Operator and the Customer being a party and together the Operator and the Customer are the parties). Background (A) The Operator conducts the business of the supply of [drone services] to other businesses. (B) The Customer conducts the business of [insert description]. (C) The parties have agreed that the Operator will supply [drone services] to the Customer on the terms set out in this agreement (the Agreement). THE PARTIES AGREE: 1 Definitions and interpretation 1.1 In this Agreement: Adverse Weather • means weather conditions that the Operator determines will prevent the Flight from being conducted on the agreed date; Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Applicable Law • means the laws of England and Wales
PRACTICE NOTES
STOP PRESS: Regulation (EU) 2026/1744 amending Regulation (EU) 2024/1689, Regulation (EU) 2018/1139 and Regulation (EU) 2023/1230 as regards the simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI) was published in the Official Journal on 24 July 2026 and entered into force on 27 July 2026. This Practice Note will be updated shortly to reflect amendments to Regulation (EU) 2024/1689, the EU Artificial Intelligence Act. For further information on the changes introduced by the Digital Omnibus on AI, see Practice Note: EU Digital Omnibus—tracker and News Analysis: Digital Omnibus proposal—re-writing the EU's digital rulebook. ‘Drone’ or ‘unmanned aircraft’ is the term commonly used to describe an aircraft which does not have a human pilot physically on board but instead is controlled remotely through pre-flight and in-flight programming and operation by a pilot in command on the ground, as mandated by current regulations. Other terms are sometimes used, often formally, to describe a drone, the most common being: • remotely piloted aircraft system (RPAS) • unmanned aerial vehicle
PRACTICE NOTES
This Practice Note considers the key EU legal issues arising in relation to the use of unmanned aircraft or drones in a recreational and commercial context. It covers: • Drones—the basics • International aviation regulation • European aviation regulation • Classification of drones under the Implementing Regulation and the Delegated Regulation • Key provisions of the Implementing Regulation • Product liability • Insurance • Cybersecurity • Regulating the design and manufacture of UAS Drones (or other uncrewed aircraft) are generally divided into three broad categories. The largest uncrewed aircraft, including those intended for passenger-carrying operations or long-range military applications are treated in the same way as crewed aircraft. They are, therefore, subject to extensive regulation, including platform certification and registration, pilot licensing and operational procedures akin to conventional aviation operations. This category of drone is not covered in this Practice Note. Unmanned aircraft operations that do not meet traditional certification requirements, but can be demonstrated to be safe, fall into the second category. Most aviation regulators
PRACTICE NOTES
STOP PRESS: Regulation (EU) 2026/1744 amending Regulation (EU) 2024/1689, Regulation (EU) 2018/1139 and Regulation (EU) 2023/1230 as regards the simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI) was published in the Official Journal on 24 July 2026 and entered into force on 27 July 2026. This Practice Note will be updated shortly to reflect amendments to Regulation (EU) 2024/1689, the EU Artificial Intelligence Act. For further information on the changes introduced by the Digital Omnibus on AI, see Practice Note: EU Digital Omnibus—tracker and News Analysis: Digital Omnibus proposal—re-writing the EU's digital rulebook. This Practice Note considers the key UK legal issues arising in relation to the use of unmanned aircraft or drones in a recreational and commercial context. Drones (or other unmanned aircraft) are generally divided into three broad categories. The largest unmanned aircraft, including those intended for passenger-carrying operations or long-range military applications, are treated in the same way as manned aircraft. They are, therefore, subject to extensive
GLOSSARY
Drop dead date is an informal contractual expression describing a final, non-extendable deadline by which a specified event must occur, failing which the contract or a particular right automatically terminates or a specified consequence follows. It is widely used in commercial, corporate, finance, real estate and restructuring transactions across England and Wales, Scotland, Northern Ireland and Ireland, with broadly consistent meaning.A drop dead date is not generally a defined statutory term, but is created by express drafting (for example in longstop dates in share purchase agreements, completion deadlines in property transactions, or dates by which conditions precedent must be satisfied in loan facilities). It often operates as a longstop that triggers automatic lapse, termination, break rights or liquidated damages without further notice.Key legal issues include: precise drafting of the triggering event; interaction with “time is of the essence” provisions; any contractual rights to extend or waive the date; and the effect of force majeure, material adverse change or frustration. In cross-border deals and restructurings, parties should ensure that drop dead dates align with regulatory timetables, court processes and any required creditor or shareholder approvals.
NEWS
Law360: After the EU’s highest court dramatically cut back the number of intellectual property cases it hears, lawyers warn that the risk of conflicting and vague rulings from lower decision-makers could create uncertainty for European trademark law.
PRECEDENTS
This Agreement is made on [date] Parties 1 [Insert name of supplier] [of OR trading as [insert trading name] of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [Insert name of merchant] [of OR trading as [insert trading name] of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Merchant), each of the Supplier and the Merchant being a party and together the Supplier and the Merchant are the parties. Background (A) The Supplier conducts the business of supplying [insert description of goods] to other businesses. (B) The Merchant conducts the business of [insert description]. (C) The parties have agreed that the Supplier shall supply goods to the Merchant on the terms set out in this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Authorised Persons • has the meaning given in clause 19.1; Business Day • means a day other than a Saturday, Sunday or bank or public
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR trading as [insert trading name] of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of merchant] [of OR trading as [insert trading name] of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Merchant), (each of the Supplier and the Merchant being a party and together the Supplier and the Merchant are the parties). Background (A) The Supplier conducts the business of supplying [insert description] to other businesses. (B) The Merchant conducts the business of [insert description]. (C) The parties have agreed that the Supplier shall supply goods to the Merchant on the terms set out in this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: [Actual Spend • has the meaning given in clause 4.2;] Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Authorised Persons • has the meaning given in clause 22.1; Business Day • means a day other than a Saturday, Sunday or public holiday[ on which clearing banks are open for non-automated
PRACTICE NOTES
Scope and purpose This Practice Note is prepared to assist with the review and/or negotiation of a drop ship agreement, and accompanies Precedents: Drop ship agreement—pro-customer (merchant) and Drop ship agreement—pro-supplier. Drop shipping is a term that is often applied loosely to cover a variety of supply chain models and theoretically can arise at various different points in the supply chain, eg manufacturer to distributor, distributor to merchant or manufacturer to merchant. However, common to all these models is the concept that it is an arrangement which allows a merchant to operate free from stock holding constraints by leaving the physical stock holding and supply arrangements to be managed by a third party. Traditionally the third party was the manufacturer of the goods but increasingly, with numerous platforms available, it could be another reseller. Precedents: Drop ship agreement—pro-customer (merchant) and Drop ship agreement—pro-supplier are based on the classic drop shipping models where the third party is the manufacturer (or other seller) to the merchant of the drop shipped goods. If the inventory manager is not
PRECEDENTS
[ON YOUR LETTERHEAD] [WITHOUT PREJUDICE SAVE AS TO COSTS] [Insert date] [Insert name and address of other party’s solicitor] Dear [insert contact name] [Insert subject of letter] We refer to our open letter of [today’s date OR [insert date]]. 1 As set out in that letter, both we and our client are confident that your client’s claims against our client, as set out in claim number [insert the claim details, ie claim number and parties] (‘the Claim’) are wholly without merit and that, were they to proceed to trial, the court would dismiss them in their entirety and that our client would successfully seek recovery of its costs from your client. [We are also confident that the court will find in our client’s favour in relation to its claims in the counterclaim as set out in its Defence and Counterclaim dated [insert date of defence and counterclaim] (‘the Counterclaim’) and be awarded its costs in relation to the same.] It is the case, however, that our client would prefer to avoid the waste on management time and resource in continuing with this
PRECEDENTS
[ON YOUR LETTERHEAD] [WITHOUT PREJUDICE SAVE AS TO COSTS] [Insert date] [Insert name and address of other party’s solicitor] Dear [insert contact name] [Insert subject of letter] We refer to our open letter of [today’s date OR [insert date]]. 1 As set out in that letter, both we and our client consider that your client’s claims against our client (as set out in your client’s letter dated [insert date] (the Letter of Claim)) are wholly without merit and, if brought before a court would be dismissed in their entirety, and that our client would be entitled to seek recovery of all of its costs from your client incurred in dealing with this matter. [Furthermore, in addition to seeking such costs from your client, if proceedings were to be issued against our client, our client would bring a counterclaim against your client in respect of [insert details of prospective counterclaim and/or set-off as