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NEWS
Commercial analysis: To what extent can a principal restrict its liability under a contract governed by the Commercial Agents (Council Directive) Regulations 1993? Jeremy Schrire, partner at King & Wood Mallesons SJ Berwin, considers the court’s decision in Charles Shearman v Hunter Boot Ltd.
NEWS
Commercial analysis: How will the courts interpret the law as it relates to buying a joint lottery ticket? Stuart Padgham, partner at Thomas Eggar, comments on a ruling in which the court held that the parties had entered into a contract to play and winnings therefore had to be shared.
PRECEDENTS
[ To be typed on headed notepaper ] [insert date] Dear [insert name] Re: Your mobilisation with the Reserve Forces: employment arrangements We have received a copy of the call-out notice from the Ministry of Defence (MOD) setting out the date of your mobilisation for service with the Reserve Forces ([insert date]) and its likely duration ([insert number] months). I can confirm that we will not be applying for the deferral or revocation of your mobilisation, or for an exemption from your liability to be called out. However, please let us know if you decide to make such an application yourself. We set out below the employment-related arrangements which will apply before and during your period of whole-time service with the Reserve Forces (which includes your period of mobilisation, demobilisation and post-operational leave), and what will happen afterwards. I would also recommend that you read carefully the call-out pack that you will have received from the MOD, which contains useful information on these matters. During your whole-time service, you will not be employed by the Company.[ As
PRACTICE NOTES
Not all judgments and orders are for payment of money by one party to another; instead the judgment or order may be a direction that a party do something. If the party ordered to do a particular act fails to do so, the court can intervene to ensure that the act required is still accomplished. CPR 70.2A is directed to that end and should be considered alongside other provisions for contempt in failing to comply with a court order (which are however separate—see: Tapecrown). Which court orders are covered by CPR 70.2A CPR 70.2A applies where a party has obtained any of the following: • a mandatory order—eg party A obtains an order that party B destroy certain goods which breach design rights • an injunction—eg party A obtains an injunction requiring
NEWS
The Government Commercial Function has published ‘The Framework Practice Guide’, which was developed with centralised procurement authorities and contracting authorities across local and central government and the NHS. The guidance sets out a common approach to the full framework lifecycle under the Procurement Act 2023 (PA 2023), including framework design, supplier selection, call-off awards and contract management.
PRACTICE NOTES
FORTHCOMING CHANGE : On 22 June 2026, the FCA published consultation paper CP26/20, proposing new rules to strengthen consumer protection in the SIPP market. The proposals would introduce clearer, proportionate due diligence requirements for SIPP operators in relation to relevant third parties and investments, including core checks applying in all cases and additional checks for higher-risk investments. They would also establish a new Pension Scheme Money and Assets regime in COBS 19B for SIPP money and assets not already subject to the Client Assets Sourcebook (CASS), covering record-keeping, reconciliations, discrepancies and oversight of assets held by third parties. The consultation closed on 24 August 2026, and the FCA expects to publish its policy statement and final Handbook amendments in the first half of 2027. The proposals provide for a 12-month implementation period for the due diligence requirements and a two-year period for the new money and assets requirements, with a possible additional year for certain existing third-party relationships. For further information, see: Pensions weekly highlights—25 June 2026 — Personal pensions. Before
PRACTICE NOTES
Updated in March 2026 Introduction The Republic of Korea (South Korea, and referred to throughout this Practice Note as ‘Korea’) maintains favourable conditions for entry into the East Asia market due in part to its geographically central location in East Asia’s transport networks. Korea currently has free trade agreements with a total of 59 trading partners, including the US, the EU, China, ASEAN, India, and Chile, and it is emerging as a centre for commerce worldwide, not just East Asia. Korea systematically encourages inbound foreign investment through various legislation to provide foreign investors with some incentives including tax benefits. There are a variety of ways of structuring a business operation in Korea. The aim of this guide is to highlight some of the key areas that a new business will need to address before it begins to operate in Korea. This guide should not be considered to be an all-inclusive guide and specific Korean legal advice should always be sought before setting up and running a business in Korea. The business environment Under
PRACTICE NOTES
This negotiation guide sets out practical guidance on some of the key issues that may arise when negotiating contracts to procure artificial intelligence (AI) technologies. It is primarily designed to support customers procuring AI solutions but it also considers some of the positions that suppliers may take. It is intended to cover some of the common themes that may arise, rather than considering any specific use case or delivery model, but it includes guidance about the potential impact of these considerations on negotiations. It summarises some of the key aims of the parties and highlights common pitfalls that can be encountered when negotiating contracts. For example AI clauses, see Precedents: • AI clauses—Warranties • AI clauses—IP rights in an AI system • AI clauses—Ownership of customer data • AI clauses—Ownership of output • AI clauses—Use of Generative AI by Supplier • AI clauses—Third party IP warranties • AI clauses—Third party IP indemnity For further guidance on AI projects and specific aspects of AI contracting, see Practice Notes: The AI project lifecycle—a quick guide, Artificial intelligence (AI) resource kit,
PRECEDENTS
Reference: Date: To: Payment due date: [Sub-]Contractor’s Application Reference No: This Notice is made pursuant to Section 110 of the Housing Grants, Construction
PRECEDENTS
SPECIAL RESOLUTION That [, subject to this resolution being passed no later than [insert a longstop date, being a date no more than one week after the date of the
NEWS
Commercial analysis: The claimant brought claims for breach of contract, breach of confidence, breach of fiduciary duty and unjust enrichment relating to the alleged exploitation, by the defendant, of certain commercial opportunities in the vehicle insurance industry. Written by Graeme Kirk, barrister at Lamb Chambers.
NEWS
Employment analysis: By making untruthful statements to their employer designed to cover up their own wrongdoing, an employee may fundamentally breach their employment contract, justifying their summary dismissal, even though that employee may have no proactive, positive duty to self-report in relation to their own misconduct, according to the EAT.