This Agreement is made on [date] Parties 1 [insert name of Client] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Client); and 2 [insert name of Agency] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Agency) (each of the Agency and the Client being a party and together the Agency and the Client are the parties). Background (A) The Client conducts the business of [insert description]. (B) The Agency conducts the business of providing advertising services to other businesses. (C) The parties have agreed that the Agency shall supply advertising services to the Client on the terms set out in this Agreement. (D) The parties contemplate that the Agency shall supply advertising services to the Client on a project basis when requested by the Client. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Advertising Regulator • means any or all of the Advertising Standards Authority (ASA), the Broadcast Committee of Advertising Practice (BCAP), the Committee of Advertising Practice (CAP), the Competition and Markets Authority (CMA), the Office

This Practice Note summarises the key issues that arise when advertising to children. It covers the regulatory regime, the recognition of advertising by children, sexualised imagery, child safety, credulity and unfair pressure, direct appeals, promotions, age-restricted products and targeting, as well as particular sector considerations, such as for betting and gaming, alcohol and food advertising. It also considers in-app purchases and the processing of children’s data for the purposes of advertising and marketing. Regulatory regime overview Advertising to children is regulated by a mix of UK law and self-regulatory advertising codes, summarised below. Digital Markets, Competition and Consumers Act 2024 On 6 April 2025, Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) for the most part revoked the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 save for certain transitional provisions relating to a consumer’s right of redress. CPUTR 2008 will continue to govern unfair commercial practices that occurred prior to 6 April 2025. On 7 April 2025, the Advertising Standards Authority (ASA) issued amendments to the UK

‘Advertising-based video-on-demand’ (VOD) is an online free VOD service (a VOD service is where the user chooses to watch content at a time of their choice as opposed to at a scheduled broadcast time) that uses advertising as its model'>business model for revenue production, eg YouTube.

Is a tree a plant or a hedge? Certainly the common botanical definition of ‘tree’ would suggest that a tree is a type of plant, but we have been unable to find any case law on or other legal authority which definitively confirms whether a tree falls within the wider definition of plant or not. However, a hedge can be formed out of trees (see below). The case of Distinctive Properties (Ascot) Ltd v Secretary of State for Communities & Local Government focusing mainly on the question of whether a sapling or seedling

Appropriate contract selection We want to discuss the approach that you should take when selecting the form of building contract to use in relation to [insert name/description of the project]. The first point is that the choice of contract should be appropriate for the sector that the works relate to. In the UK, there are a number of different standard form contracts which have been produced, the use of which depend predominantly on whether the works relate to the construction of buildings, infrastructure or civil engineering projects, energy projects, chemical/process plants or electrical and mechanical engineering projects. As the works in this case relate to [the construction of a building OR an infrastructure or civil engineering project OR an energy project

Concurrent delay We want to discuss with you the approach that should be taken to extensions of time in respect of concurrent delays, which [insert name of the Contractor appointed on the project] (the ‘Contractor’) has requested is a right granted in relation to [insert name/description of the project]. Concurrent delay describes a situation in which a construction project is suffering critical delay, and there have been two or more independent events, either of which would have caused the delay on its own. The issue of whether the contractor is entitled to an extension of time in respect of a period of concurrent delay can therefore be complicated if one of the delay events is an employer's risk (for which the contractor would usually be able to claim an extension of time), but the other is at the contractor's risk or a neutral event (for which the contractor would not usually be able to claim an

Design liability: difference between ‘reasonable skill and care’ and ‘fitness for purpose’ We want to discuss with you the approach that should be taken on the level of design liability in the [building contract OR appointment] with [insert name of the Contractor/Consultant appointed on the project] (the ‘[Contractor OR Consultant]’) in relation to [insert name/description of the project]. [The presumed position, if the contract was silent on what the Consultant’s design liability would be, is that the Consultant must carry out its design responsibilities with reasonable skill and care. OR The presumed position, if the contract was silent on what the Contractor’s design liability would be, is that the Contractor’s liability for the whole of the works (ie the design, goods and materials) is to ensure that they are fit for purpose.] We would, however, normally insert a clause stating something along the lines of ‘the [Contractor OR Consultant] must

Net contribution clauses We want to discuss with you the approach that should be taken in relation to the net contribution clause which [insert name of the Consultant appointed on the project] (the ‘Consultant’) has requested is included in its appointment in relation to [insert name/description of the project]. A net contribution clause is a clause which aims to reduce the extent of a party’s (the Consultant’s in this case) liability where a number of parties have contributed to a construction project and, therefore, allegedly to the defect that occurred in the design or implementation of the works. The clause essentially restricts the claimant (you) from being able to claim for the full 100% amount of its losses from one particular party, which it would otherwise be able to do without the clause being included. Instead, the Consultant’s liability is limited to a proportion of the liability that it would be ‘just and equitable’ for it to pay having regard to the extent of its responsibility for the losses

Enforcing an adjudicator’s decision We understand that, following the issue of the Adjudicator’s decision (the Decision), [insert name of the responding party] has refused to make payment of the sums the Adjudicator ordered it to pay you. You have asked us to advise on what action you may take against [insert name of the responding party], in order to compel them to comply with the Decision. Adjudicators’ decisions are legally binding—but they do not have the same status as court judgments, and so cannot be enforced in the same way. This means that, to force [insert name of the responding party] to comply with the Decision, you will need to go to court. There are different types of court procedure that may be used to enforce adjudicators’ decisions. The most commonly used method of enforcement, and one that is appropriate in cases like this (that is, where the successful party seeks payment of a sum of money awarded by the adjudicator), is to raise a claim in the Technology and Construction Court (TCC). The TCC has

Use of Letters of Intent We understand that [insert name of the Contractor appointed on the project] (the ‘Contractor’) has requested that [you OR [insert name of entity requested to enter the Letter of Intent] (‘you’)] enter into a letter of intent in relation to [insert name/description of the project]. We appreciate that there may be a need to enter into a letter of intent in order to [commence construction on site to prevent expiry of a planning permission or for particular tax reasons OR to ensure the Contractor holds its current tender price OR in order for the Contractor to complete construction by your desired completion date OR [insert other reason for entering into the letter of intent]]. However, there are some risks which you need to consider prior to entering into the letter of intent. The principal issue is the risk of starting the works without having a full and binding agreement

What is adjudication? You have asked us to summarise what adjudication is and how the adjudication process typically runs, in light of [[your proposal to enter into a construction contract with] [insert name of the counterparty] OR [in anticipation of adjudication proceedings between] you and [insert name of the counterparty]]. Adjudication is a procedure designed to enable parties to resolve disputes relatively quickly and inexpensively. Under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), parties to construction contracts have the right to commence adjudication at any time. The parties refer their dispute to the adjudicator, who is an impartial decision-maker. The adjudicator is usually a construction industry professional (eg a quantity surveyor or engineer), or a lawyer with construction experience. They will consider arguments from both parties, and may also use their own initiative and experience, before making a decision on how the dispute should be resolved. The party that refers its claim to adjudication is usually called the ‘Referring Party’, and the party defending the claim is the ‘Responding Party’. The adjudicator’s

Law360, London: A financial adviser has lost his challenge to a ban for failing to comply with regulatory requirements for six years, as a tribunal ruled that having to move house because of a stalker and suffering health problems did not excuse him.