This week's edition of Commercial weekly highlights includes: analysis of the Court of Appeal decision in DAZN v Coupang where the court upheld the trial judge's decision, confirming that the global rights-holder for the FIFA Club World Cup agreed to sub-license the rights in South Korea in a binding contract concluded by email and WhatsApp, commentary on the key changes to data protection and ePrivacy law as a result of the Data (Use and Access) Act 2025 and how organisations should prepare for such changes, and news that the Welsh Government has published guidance on electronic invoicing and payment under Part 4 of the Procurement Act 2023.

Mealey’s: A US District Court for the District of Columbia judge on 18 February 2025 granted the Republic of Guinea’s motion to set aside default entered against it and to dismiss for lack of jurisdiction a telecommunications company’s action to enforce an International Chamber of Commerce (ICC) award worth than US$21m after finding that Guinea was not a party to the underlying arbitration agreement.

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Off-site construction An approach to a project whereby a proportion of construction activities are carried out under factory conditions and then later transported to the site. It often involves the production of modules which are then assembled on site. See News Analysis: Off-site construction—the legal implications and Practice Note: Modern Methods of Construction. O&M manuals See Operation and maintenance manuals below. On default bond A conditional bond which is callable on the contractor’s default. On demand bond An

Any settlement of a dispute should be reflected in an enforceable written agreement that is signed by the parties and that accurately reflects what they have agreed. This will minimise the risk of subsequent misunderstanding and enable a party to bring proceedings in the event of non-compliance by the other party. The agreement is a form of contract and therefore the law of contract applies to its drafting and interpretation. Like all contracts, the agreement should be drafted clearly. This Checklist looks at the key issues which have particular relevance to construction disputes. For sample clauses and a more in-depth consideration of the issues (in the drafting notes), see Precedent: Settlement agreement for construction dispute (long form). Ensure that settlement negotiations are conducted on a without prejudice basis Conduct settlement negotiations expressly on a 'without prejudice' basis so as to ensure that, if unsuccessful, any proposed concessions cannot be referred to by the other party in any legal proceedings. Do not rely on the use of expressions such as 'confidential' or 'off the record' because they do not provide the

What is salary sacrifice? Salary sacrifice is an arrangement whereby an employee gives up the right to a certain amount of their taxable salary due under their contract of employment in return for the employer’s agreement to provide an additional pension or some other non-cash benefit, usually resulting in advantageous tax and/or National Insurance Contributions (NICs) treatment. An employee may also sacrifice some or all of any one-off payment such as a bonus. The 'sacrifice' is achieved by varying the employee’s terms and conditions of employment relating to pay; for example: An employee’s current contract provides for cash remuneration of £40,000 a year with no benefits. The employee agrees with the employer that for the future the employee will be paid cash remuneration of £34,800 a year and 52 childcare vouchers a year, each with a face value of £100. The most common non-cash benefit received in exchange for the sacrificed salary will be a contribution to a pension scheme. Why salary sacrifice? This section describes

What is a PRU Management Committee? PRUs were established to provide suitable education for those children who, by reason of illness, exclusion or otherwise, may not receive suitable education, pursuant to section 19 of the Education Act 1996 (EA 1996). PRUs are generally known for catering for pupils excluded from local authority schools. Under Regulation 3 of the Education (Pupil Referral Units) (Management Committees etc) (England) Regulations 2007, SI 2007/2978 (SI 2007/2978, reg 3) local authorities are required to establish a Management Committees for each PRU maintained by them. As of 1 February 2008, each new PRU is required

Practice Note: Jurisdiction in probate matters outlines that for probate purposes, the UK consists of three jurisdictions: England and Wales, Scotland and Northern Ireland. By virtue of section 2 of the Wills Act 1861 (WA 1861), a Will made (before 1 January 1964) in the UK by a British subject, wherever domiciled at the time of making the same or at the time of death, is held to be well executed as to personal estate if valid by the law of that part of the UK where it was made. Following this, in Re Priest, Belfield v Duncan, the Will of an English domiciliary executed in Scotland, was held to be subject to English law (and so could not be construed as a holograph Will under Scottish law) and a gift to the wife of an attesting witness failed. In the case of persons dying on or after 1 January

Commercial analysis: There are often good reasons for incorporating terms from one contract into another but consideration needs to be given to how the incorporated terms will apply in practice.

The initial stages of adjudication are highly time-pressured: an adjudicator must be appointed within seven days from the referring party’s Notice of Adjudication, and the dispute must be referred to the adjudicator within the same period. Further, construction contracts commonly specify that the adjudicator must be appointed by application to an adjudicator nominating body (ANB)—that application can be made only after the Notice of the Adjudication has been served. This means that the formalities of the adjudicator’s appointment must be concluded relatively quickly. In turn, where, as is typical, the nominated adjudicator requires parties to accept the bespoke terms and conditions of its appointment (T&Cs), parties will have limited time to review those T&Cs. However, parties should not overlook the adjudicator’s T&Cs. It is important not only that parties understand their liability for the adjudicator’s fees and costs, but also that they are aware of what their rights and obligations will be in the event that the adjudication does not follow its usual course—for example, if the parties wish to terminate the adjudicator’s appointment, or if a

A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or consultant's appointment). Most collateral warranties refer to the duties and obligations set out in the underlying contract and the warrantor warrants to the third party that it has performed those duties and obligations in accordance with the contract. For more information on collateral warranties generally, see Practice Note: What are collateral warranties? The JCT suite of collateral warranties The JCT published a number of standard form collateral warranties, of which the following are the most widely-used: • JCT Contractor Collateral warranty for a Funder (CWa/F) • JCT Contractor Collateral Warranty for a Purchaser or Tenant (CWa/P&T) • JCT Sub-Contractor Collateral Warranty for the Employer (SCWa/E) • JCT Sub-Contractor Collateral Warranty for a Funder (SCWa/F) • JCT Sub-Contractor Collateral Warranty for a Purchaser or Tenant (SCWa/P&T) For a summary of the differences between the 2016 and 2024 versions, see News Analysis: JCT 2024 Contractor and Sub-Contractor Collateral Warranties released. The JCT's intention is for these

This Practice Note considers the availability of proprietary remedies (ie remedies attaching to specific property, opposed to a personal remedy (eg damages claim)) following rescission and rectification. Where a contract (or gift) has been rescinded or a contract has been rectified, this may leave one of the parties in the position where they have suffered some loss as a result of the rescission or rectification. For example, where a contract is rescinded the aim is to put the parties back into the position that they would have been as if the contract had never been made and yet, prior to the rescission property may have transferred from one party to the other or another. It is in this way that a claim in restitution may be available to provide some form of remedy. What is rescission? Rescission is an equitable remedy which aims to put parties back in the position that they would have been in prior to a contract being made or a gift being extended. Under the common law, rescission is only

This Practice Note explores the specific pleading and evidential requirements when claiming interest, outlines the different types of interest that can be claimed, addresses the interest that accrues on a secured judgment and considers the operation of the Statute of Limitations 1957 (Ireland) (SL 1957 (IRL)) in respect of claims for interest. Interest claims in the High Court Claims for interest in a summary summons Plaintiffs who seek judgment for a liquidated sum, where they are of the belief that there is no defence to the claim, may elect to prosecute their claim in the High Court by way of Summary Summons rather than seek a full trial by way of Plenary Summons. The procedure is governed by the provisions of SI 15/1986 (IRL), Orders 2 and 37, Rules of the Superior Courts. Given the Circuit Court’s upper monetary jurisdiction of €75,000 for breach of contract claims, as provided for by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (Ireland), s 14 (CCL(MP)A 2013 (IRL)) and the costs consequences that can arise if a claim which could