Tax analysis: In Bryan Robson Limited v HMRC the First-tier Tax Tribunal (FTT) allowed in part the taxpayer company’s appeal against PAYE determinations and NIC decisions under the intermediaries’ legislation (IR35). The FTT held that the legislation applied to the company’s 2019 contract with Manchester United except to the extent that it related to image rights. The decision is in principle only; the FTT left the parties to agree the figures

This week's edition of Commercial weekly highlights includes: a High Court judgment in FW Aviation (Holdings) 1 Ltd v VietJet Aviation Joint Stock Co clarifying the interpretation of contractual indemnities and damages after contract termination, a High Court judgment in Competition and Markets Authority v Emma Matratzen GMBH providing guidance on online retail practices and the limits of the Competition and Markets Authority’s enforcement powers under the Enterprise Act 2002 and analysis of potential amendments to the UK’s franchise legislation.

Law360: With the Trump administration's emphasis on tariffs, including introducing tariffs against the U.S.' three biggest trading partners and advocating for an External Revenue Service to collect tariffs and other foreign revenue, members of the business world face increasing uncertainties as they assess and renegotiate the cost of doing business and obligations under a changed economic and political landscape, increasing the likelihood of contract disputes.[1]

Arbitration analysis: On 17 July 2024, the Swiss Supreme Court published two decisions on revision rendered on 11 June 2024. Both relate to the same arbitration and the now famous dispute between an Iranian company and a Bermudan company (with the main address in the UAE) over gas deliveries. In a contract dating back to 2001, the Iranian company (A) agreed to deliver and transport gas to the Bermudan company (B). Written by Prof Nathalie Voser, partner at rothorn legal.

ARCHIVED: This Precedent has been archived and is not maintained. STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. [On headed paper] [Insert date] [Insert details and address of enquirer] Authority’s

Tax analysis: In Sehgal v HMRC, the First-tier Tax Tribunal (FTT) allowed the taxpayers’ appeal, finding that a lease of a basement storage unit, acquired with a residential apartment under a single contract but with its own Land Registry title, was not ‘residential property’ as it did not subsist for the benefit of the apartment. As a result, the relevant land did not consist ‘entirely’ of residential property and mixed-use (non-residential) rates of SDLT applied.

This week's edition of Commercial weekly highlights includes: analysis of the Competition and Markets Authority’s open letter to the fashion retail sector on misleading environmental claims, publication of the decision in Tata Consultancy Services Ltd v Disclosure and Barring Services which considers the interpretation of delay provisions in a contract, and news that the Department for Business and Trade has opened a consultation on plans to reform the Commercial Agents (Council Directive) Regulations 1993.

Commercial analysis: The Court of Appeal provides a helpful reminder of the modern approach to contractual interpretation and its application when considering the meaning of a single provision in a contract between a mining company and a council to fund restoration works when an open cast coal mine closed. The case also illustrates the circumstances in which summary judgment on a point of contractual interpretation is viable. Written by Richard Hanke, barrister at 3 Verulam Buildings.

The Takeover Panel has announced that it will increase the PTM levy rate from 100p to 150p per contract for trades exceeding £10,000, effective from 2 December 2024. The PTM levy rate is one of two principal sources of income for the Takeover Panel and has not changed since 2002. The increase is being implemented to address financial deficits from reduced market activity and inflation. It reflects a 120% rise in RPI and 80% in CPI since it was last increased.

The International Swaps and Derivatives Association (ISDA) and the Association for Financial Markets in Europe (AFME) have responded to the Financial Conduct Authority (FCA)'s consultation on the changes to the UK commodity derivatives regulatory framework. Generally, the associations support the FCA’s proposal to reduce the position limits regime to align with the risks associated with certain commodity derivatives contract. However, they expressed concern over the suggested approaches for setting position limits and adding more reporting obligations.

[To be typed on headed notepaper of the Employee’s solicitors] Strictly private and confidential—to be read by addressee only [Insert name of employer’s solicitors] [Insert address of employer’s solicitors] [Insert date] [By hand OR By email] Dear [Insert name of employer’s solicitors] Our client: [Enter name of Employee]; Your client: [enter name of Employer] We are instructed by [enter name of Employee] in relation to your letter dated [enter date], received by our client on [enter date]. [Enter name of Employee]’s employment with [enter name of Employer] [Respond here to the details set out in the letter before claim of the Employee’s employment with the Employer, including the date the employment commenced, the Employee’s role and responsibilities, exposure to confidential information and trade connections] [Respond here to the details set out in the letter before claim of the

ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force (ie ongoing procurements). This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. Bidding for public contracts tendered under the Public Contracts Regulations 2015 Public procurement is a buying process essentially similar to its private sector counterpart. However, procurement by contracting authorities in the public sector is driven by legal