This Practice Note is aimed primarily at brands wanting to use influencers for particular social marketing campaigns and advertising promotions. It is intended to give an overview of the key terms usually found in an agreement with an influencer and highlights key issues to be considered when reviewing an influencer agreement. For an influencer agreement, see Precedent: Influencer agreement. For detailed guidance on the regulation of influencer activity and the protections available to protect them from online harms, see Practice Note: The regulation and protection of influencers. The world of influencers is rapidly evolving and, while most influencers have not yet joined the ranks of traditional celebrities (be they sports stars, screen actors, musicians or royals), there are now service and support teams specifically acting for influencers helping with branding and commercial relationships. Some influencers will have public relations (PR) teams, legal advisors and financial investors, while others will never have received or reviewed a commercial contract for services. Due diligence and a degree of common sense will help the relevant parties

ARCHIVED: This archived Practice Note provides background information on the Retail Distribution Review (RDR), addressing what the review involved and how it has affected personal pension schemes. It is not maintained. For more information on measures relating to costs and charges, see Overview: Costs and charges—overview. Application of the RDR The Retail Distribution Review (RDR) introduced major changes to the retail investment market and applies to regulated firms in that market. This Practice Note will be of interest to anyone advising these firms and to anyone who wishes to understand why the market has changed. It: • provides a general outline of the RDR • looks in greater detail at some particular issues affecting contract-based pension schemes Background to the RDR The RDR began in June 2006 as a wide-ranging review of practices within the retail investment market and continued over the course of six years, culminating in a series of regulatory reforms. The changes brought about by the RDR are described across various consultation guidance and publications of the Financial Services

ARCHIVED: This Practice Note has been archived and is not maintained. The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (TUPE Amendment Regs 2014), SI 2014/16 amended the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) and the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) in relation to relevant transfers taking place on or after 31 January 2014. This Practice Note summarises the amendments made, and the position that applied where the relevant transfer under TUPE 2006 took place before 31 January 2014. For a detailed analysis of the changes made by the TUPE Amendment Regs 2014, SI 2014/16, see News analysis: TUPE: detailed analysis of the changes and of the problems they may cause (News, 5 February 2014). For information on the current situation under TUPE 2006, see: TUPE and asset purchases—overview and Practice Notes: • TUPE—business transfers • TUPE—service provision changes • TUPE—information and consultation • TUPE—transfer of employees • TUPE—transfer of rights and liabilities • TUPE—variation of contract terms • TUPE—protection against dismissal • TUPE—effect

Date [insert date of Agreement] Parties 1 [insert name of Employer] of [insert address] [incorporated in England and Wales with company registration number] [insert company registration number] (the 'Employer') 2 [insert name of Contractor] of [insert address] [incorporated in England and Wales with company registration number] [insert company registration number] (the 'Contractor') 3 [insert name of firm] of [insert address] [a limited liability partnership] (the 'Escrow Holder') Whereas (A) The Employer [has entered into OR intends to enter into] a contract with the Contractor for the [design and] construction of [insert brief description of the project] at [insert location of site] (the 'Building Contract'). (B) The Employer has agreed to deposit a sum of money in a designated interest-bearing account in accordance with the provisions of this Agreement as security for payment to the Contractor under the Building Contract. (C) The Escrow Holder has agreed to hold the deposit and operate the designated interest-bearing account in accordance with the terms of this Agreement. It is hereby agreed as follows 1 Definitions and interpretation 1.1 In this Agreement the following expressions shall have the following meanings: [Architect/Contract Administrator

Work in or adjacent to other buildings A contract for insurance may cover damage to property caused by an insured risk, for example buildings insurance or contractor’s all risk insurance. The insured risk may be an act of God, or it may be caused by negligence. Alternatively, an insurance policy will cover liabilities incurred in law, for example causing injury, death or damage to property by negligence. The insured event must be something which creates a liability in law, ie a tort. Public liability policies do not cover accidental damage, unless negligence is present. Public liability policies also commonly exclude liabilities undertaken under contract which would not have existed absent the contract. In order to insure a building, the person taking out the insurance must have an insurable interest in the property. Generally the insurable interest is ownership of the building or, in the case of a mortgagee, a financial interest in the building. For more information, see Practice Note: General principles of insurance contract law. In the case of a contractor, its insurable

Schedule of services—M&E Engineer (Design and build procurement) The Consultant shall: General responsibilities (Stages 0–7) • [act as Lead Consultant in relation to the Project, which shall include: — advising in relation to the scopes of services for other members of the Design Team — advising on the need for other specialist consultants that may be required to complete the Project (and their scopes of services) — directing other consultants forming the Design Team — co-ordinating and integrating the design of the Project as a whole — arranging and chairing regular design meetings to facilitate the conduct of the Project and ensure that minutes are taken and circulated afterwards — facilitating communication between the Client and the Design Team — co-ordinate and collate end of stage reports] • [ [prior to execution of the Building Contract ]perform services as Principal Designer for the purposes of the Construction (Design and Management) Regulations 2015 and the Building Regulations 2010 to ensure best practice at all times in respect of safety in design OR interact and liaise as required with the Principal Designer and ensure best practice at all times in respect of safety in design]

DR analysis: the Court of Appeal has allowed an appeal so as to grant an interim injunction to restrain the respondent from terminating/suspending their contract pending an arbitration award. This was so even though the parties had contractually agreed to a cap on the damages which could be recoverable if the contract was breached. The purpose of the injunction was to enable the applicant to restrict the losses that might be incurred. This is an important decision given the general proposition that where damages would be an adequate remedy and the defendant was in a position to pay those damages an interim injunction would not normally be granted (American Cyanamid).

The Joint Contracts Tribunal (JCT) has announced a release date for its new 2024 version of the Design and Build Contract which is due to be launched on 17 April 2024. The JCT website offers a pre-order of the Contracts, the Guide to the Contract and a tracked change version showing the changes made to the 2016 version. On 1 May 2024 there will be an online launch event in association with Building Magazine, providing an overview of the JCT 2024 and the explanation of key updates and features of the new version.

The Limitation Act 1980 (LA 1980) (as amended by the Latent Damage Act 1986 (LDA 1986)) governs the time limits for bringing different types of legal claims. If a claim is brought outside of the relevant limitation period, the defendant will be able to plead in defence that the remedy sought by the claimant is time-barred. The most relevant limitation periods for the construction industry are those for contractual and tortious (negligence) claims, although the LA 1980 also specifies time periods for actions relating to personal injury, defective products and defamation. Further, there are specific time limits which apply to claims under relevant statutes, including the Defective Premises Act 1972, the Building Act 1984, and the Building Safety Act 2022. Limitation can be particularly relevant in relation to claims arising out of defective works, as the cause of action may have arisen some years before the problem manifests itself. An example is where the contractor installs faulty foundations which result in cracking to walls and subsidence, but the problem only becomes evident some years later. In

An organisation cannot process personal data simply because it wishes to do so. It can only process personal data if it satisfies one of the conditions set out in Article 6(1) of Assimilated Regulation (EU) 2016/679, United Kingdom General Data Protection Regulation (UK GDPR). These are commonly known as the ‘lawful grounds’, ‘legitimate grounds’ or ‘conditions’ for processing. If your organisation processes personal data in the absence of a lawful ground, it will breach the UK GDPR. Failing to comply with the UK GDPR can expose an organisation to serious reputational damage, claims by aggrieved data subjects and fines up to £17.5m or up to 4% of the total worldwide annual turnover. The lawful grounds for processing personal data under UK GDPR Under the UK GDPR, there are seven potentially lawful grounds for processing personal data: • the data subject has given consent to the processing of their personal data for one or more specific purposes—see below: Consent • processing is necessary for the performance of a contract to which the data subject is a

In answering this Q&A, it has been assumed that it is referring to a business-to-business contract between two parties, under which one party is contractually liable to indemnify the other in respect of ‘legally enforceable costs, losses and expenses’. Practice Note: Contract interpretation—the guiding principles provides a useful starting point, as it sets out the five principles of interpretation used by the courts to answer these questions, as formulated by Lord Hoffmann in the leading case of Investors Compensation Scheme v West Bromwich Building Society (ICS). In particular, it provides that the meaning which a document (or any other utterance)

There is no statutory right to take bank or public holidays as paid annual leave. Rather, the right (or obligation) to take leave on such days will be governed by the express or implied terms of the employee’s contract. In many cases, the employer will specify holiday entitlement as a right to take 'X number of days, plus bank or public holidays'. Where an employment contract adopts such wording, the worker will have a right to take bank and public holidays as leave, and will be expected to take holiday on those days. For