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PRACTICE NOTES
This Practice Note is a ‘how to’ guide on negotiating an influencer agreement. It includes a summary of what is considered an influencer, why influencers are used for advertising, how influencer advertising is regulated, and an overview of key practical and legal issues and the key points to consider when negotiating an influencer agreement. What is an influencer? The Advertising Standards Authority (ASA) considers that an ‘influencer’ may include ‘any human, animal or virtually produced persona that is active on any online social media platform’. This includes platforms such as Facebook, Instagram, Snapchat, TikTok, Twitch, YouTube, and many others. While influencers may be named differently on certain platforms or in regulatory frameworks, ie ‘bloggers’, ‘vloggers’, ‘streamers’ or ‘content creators’, they all fall within the scope of this ‘how to’ guide. In the UK, content is considered an influencer ‘endorsement’ or advertising where an influencer works with a brand to create content that they will post on their own channel and the influencer has received ‘payment’ by a brand in relation to that content, and the brand
PRACTICE NOTES
It is very common for engagement letters, release letters and reliance letters to be signed between parties when no external counsel has yet been appointed. Even if external counsel is appointed, it is common for such letters to fall outside of their scope of work. As such the onus will fall on the in-house counsel to review and negotiate these. This Practice Note is intended to provide tips, guidance and highlight potential issues to in-house counsel working on lending transactions who are involved in reviewing and negotiating such letters. When are such letters required and for what type of transactions? Each type of letter has a different aim: • release letters or hold harmless letters give access to reports on various aspects of the potential borrower’s business or market; they are prepared by third parties and are typically negotiated at the start of a transaction when the lender is considering whether to get involved in the transaction • reliance letters are entered into when a lender wants to rely on the information
PRACTICE NOTES
THIS PRACTICE NOTE APPLIES TO REGISTERED OCCUPATIONAL PENSION SCHEMES In view of the complexity of modern-day pensions law and administration, it is unsurprising that trustees of occupational pension schemes generally appoint professional advisers to assist them when carrying out their duties. Furthermore, the trustees of most registered schemes are legally obliged to appoint certain professional advisers, although some schemes are exempt from such obligations, depending on the nature of the relevant pension scheme. This is a ‘How to’ guide, or task-based toolkit, on the factors which trustees might consider when entering into a service agreement with a professional adviser. The Pensions Regulator (TPR) has produced some guidance on managing advisers and providers in its General Code of Practice. For further information generally on appointing advisers, see Practice Note: Appointing pension professional advisers and other service providers. What professional advisers can trustees appoint? Professional advisers often found acting in relation to (defined benefit) occupational pension schemes include: • scheme auditor • scheme actuary • fund manager • custodian of assets • legal
PRACTICE NOTES
This Practice Note is a practical guide to notifying claims or circumstances under a liability insurance policy, such as professional indemnity insurance. For further guidance on liability insurance, see Practice Notes: Liability insurance—essentials and Liability insurance—notification of claims and circumstances and defence of claims. Review your policy Liability insurance policies are typically ‘claims made’ policies, which require a policyholder to notify a claim or circumstance (in contrast, for example, to loss or damage to insured property). The first step is therefore to review the policy language to identify what the policyholder is required to notify and when. If there are multiple policies that could potentially respond to a claim or circumstance, consider all of them and look out for other insurance clauses (see Practice Note: Double insurance and contribution). Obtain all the relevant policy documentation, including the full policy wording and any schedules or endorsements. It may be necessary to obtain this from the broker or the insurer if only summary documentation was provided when the policy
PRACTICE NOTES
This short guide provides practical information on how to make notifications relating to transactions or dealings in a company’s shares, and certain other securities, by persons discharging managerial responsibilities (PDMRs) and persons closely associated with them (PCAs) under Article 19 of Assimilated Regulation (EU) No 596/2014 on market abuse (the UK Market Abuse Regulation). For a comprehensive review of the regime relating to transactions by PDMRs, see Practice Note: Continuing obligations—transactions by a person discharging managerial responsibilities (UK Market Abuse Regulation and DTR 3). Which companies are subject to the provisions on PDMR transactions under Article 19 of the UK Market Abuse Regulation? The provisions on disclosure of PDMR transactions under Article 19 of the UK Market Abuse Regulation apply to: • a company with financial instruments admitted to trading on a UK regulated market, which includes the London Stock Exchange’s Main Market and the AQSE Main Market • a company with financial instruments admitted to trading on a UK multilateral trading facility (UK MTF), which includes AIM and the AQSE Growth Market
PRACTICE NOTES
This Practice Note is a ‘how to’ guide on novating commercial contracts which signposts relevant content. It includes a summary of what novation is, how it is distinct from assignment, whether novation is appropriate, the requirements for a valid novation, other legal considerations and practical points when novating a contract. There may be times when, rather than just assigning the benefit of an agreement to a third party, the original parties wish to also transfer the obligations and responsibilities. This may be achieved by novating the contract. For detailed guidance on the law in relation to contractual novation, see Practice Note: Novation—why and how to novate a contract. For a useful, detailed checklist to use when you need to novate an agreement, see: Drafting and negotiating a novation—checklist. What is a contract novation? Novation occurs when an outgoing party 'transfers' its obligations and rights under the agreement to an incoming party, so that the incoming party 'steps into the shoes' of the outgoing party and forms a contractual relationship between the remaining party and the incoming
PRACTICE NOTES
In France, the Notary (Notaire) plays a central role in Private Client matters. Unlike common law jurisdictions, where solicitors and courts are often at the forefront of estate administration and property transactions, the French legal system gives notaries significant responsibilities, combining public authority and advisory functions. Notaries are public officers appointed by the State. Their role extends beyond the authentication of documents and includes advising individuals and families on estate planning and property transactions. In practice, notaries work closely with other professionals such as lawyers, bankers and insurers to provide comprehensive and coordinated advice. This Practice Note explains the role of the French Notary in wills, probate and estate administration, tax and succession planning, and residential property transactions. See also Practice Note: UK-France estate planning—introduction. The role of the Notary in Wills French law recognises several forms of wills. Article 969 of the French Civil Code (Civil Code) states that a Will may be made in authentic form, holographic form or mystic form (testament
PRACTICE NOTES
This How to Guide provides guidance on how to obtain a Traffic Regulation Order (TRO), including Temporary Traffic Regulation Orders (TTROs), extensions, alternative routes, closures by notices, emergency closures for safety, event closures and who must be consulted. Temporary Traffic Regulation Orders Local authorities (LAs) will aim to avoid imposing a TTRO where possible, while considering the safety of users (remember different path statuses carry different user groups). While a temporary closure is often the best option, other options of keeping half the path width open, or employing banksman for example, may be required. LAs are very unlikely to be able to reduce their lead-in timescales for a closure application. The timescales are there to process the application and get adverts in the local press and online, as LAs legally have to ensure sufficient public notice. The applicant should consider: • the alternative routes carefully and liaise with the local officer to get the best outcome for the company and path users; nobody wants to walk two miles down a
PRACTICE NOTES
This Practice Note sets out the different steps to consider prior to requesting a default judgment in civil proceedings. The vertical comparison provides guidance as to what you need to consider when applying for a default judgment, depending on the situation that is applicable to your circumstances. How do you obtain a default judgment? Notes Note 1—Nature of the claim The exceptions for which a claimant may not obtain a default judgment are set out in CPR 12.2—you must ensure that: • the claim is not for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974 • the claim was not issued under CPR 8, or • there are no Civil Procedure Rules (CPR) or Practice Directions that prevent you from obtaining a default judgment For general guidance on the circumstances in which judgment may be entered in default, and the appropriate procedure to be adopted, see: Default judgment—overview. Note 2—Check the stage of the proceedings You may not obtain a default judgment if the defendant has
CHECKLISTS
This checklist provides a practical framework for obtaining an electricity grid connection agreement in Great Britain (GB) under the enduring TMO4+ regime implemented by CMP434 and CM095. It is intended to assist developers, lawyers, funders and commercial teams preparing a Gate 1 or Gate 2 application in a NESO gated application window. Use this checklist as an application planning and evidence-control tool. It should be applied before the relevant window opens, during preparation of the application pack, when reviewing a Gate 1 or Gate 2 offer, and when assessing rejection, resubmission or challenge options. At the outset, bear in mind the following: • the enduring regime is not a rolling application process for in–scope TMO4+ projects—Gate 1 and Gate 2 applications must be made in a relevant gated application window, subject to limited exceptions • Gate 1 gives an indicative connection date and point only; Gate 2 gives a firm connection date and point, but brings security, user commitment and queue management obligations • embedded projects may require Distribution Network
FLOWCHARTS
This Flowchart illustrates the process for obtaining an electricity grid connection in the TMO4+ enduring regime in Great Britain (GB), whether through a Gate 1 indicative offer or a Gate 2 firm offer. This Flowchart does not cover alternative processes for obtaining a grid connection in GB, such as: • the one-off retrospective ‘Gate 2 to
PRACTICE NOTES
NOTE: the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) were renamed as the Civil National Business Centre (CNBC) in 2023. What is a warrant of control? A warrant of control is a document issued by the County Court instructing a certified enforcement agent (EA) to use the taking control of goods (TCG) procedure. It gives the EA the authority to take control of goods belonging to a judgment debtor, sell those goods and then apply the sale proceeds towards any outstanding balance under a money judgment. The Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) is the underlying primary legislation which introduces the TCG procedure—for guidance, see Practice Note: Finding your way through the Taking Control of Goods legislation. Warrants of control are the modern equivalent of the old warrants of execution—see TCEA 2007, s 62(4)(b). When can I apply for a warrant of control? In order to apply for a warrant of control there are a number of requirements: Requirement Guidance A judgment or order