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NEWS
This week's edition of Commercial weekly highlights includes: commentary on the Commercial Court's decision in Palmali Shipping SA v Litasco SA which considered whether the parties’ conduct demonstrated an intention to be bound by a contract of affreightment, news that the Advertising Standards Authority has published its latest rulings, and news that the Consumer Protection Cooperation has notified SHEIN of several practices on its platform that contravene EU consumer protection laws.
PRECEDENTS
[To be typed on headed notepaper of the new employer’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 New Employer]; Your client: [enter name of Employer] We are instructed by [enter name of New Employer] 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
NEC
GLOSSARY
New Engineering Contract (NEC) is an industry standard form devised by the NEC group which produces a standard form of contract known as the NEC 3 for the most recent editions.
NEWS
This week's edition of Property Disputes weekly highlights includes: an Upper Tribunal decision upholding the First-tier Tribunal’s application of property valuation principles in the context of a lease extension, High Court decisions regarding procedural defects in partnership claims, the dismissal of a provision claim in a joint tenancy severance order, the dismissal of estoppel, and probate and possession claims and counterclaims and analysis of a High Court decision on satisfying the equity arising from proprietary estoppel. It also includes judgments in Scottish property disputes and news items regarding the opening of the New London Tribunals Centre in February 2026 and publication of the Ministry of Housing, Communities and Local Government’s template access agreement for buildings covered by the Developer Remediation Contract.
Q&As
Our Practice Note: Termination of commercial agency arrangements explains how the Commercial Agents (Council Directive) Regulations 1993 SI 1993/3053 introduce obligations between the principal and its commercial agent in relation to termination process and compensation/indemnity entitlements. Regulation 15 provides that the minimum notice periods are: • one month for the first year of the contract • two months for the second year commenced, and • three months for the third and subsequent years commenced Note that these minimum
Q&As
In relation to charity lottery tickets, the relevant section of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 is s 6: • 6. (1) These Regulations do not apply to a contract, to the extent that it is— ◦ for— ‣ gambling within the meaning of the Gambling Act 2005 (which includes gaming, betting and participating in a lottery); or ‣ in relation to Northern Ireland, for betting, gaming or participating
Q&As
Under the Landlord and Tenant Act 1987 (LTA 1987), certain landlords are prohibited from making certain disposals without first serving a notice on the ‘qualifying tenants’ of the premises. The notice must, among other things, state that it constitutes an offer by the landlord to enter into a contract which may be accepted by the requisite majority of tenants. During the period for acceptance of the offer, the landlord must not dispose of the property except to a person nominated
PRECEDENTS
For the sample case study arbitration claim form, see the link to the right. The arbitration claim form should set out: • sufficient detail of the dispute such that the court understands the application. This should include details of the contract giving rise to the arbitration agreement and any provision made for appointment of the tribunal • orders that the court is being asked to make. In addition to requesting the appointment of the tribunal, consider whether any further directions are
CHECKLISTS
Title Trustee in trust deed for creditors Title to sell or lease needs to be specified in the trust deed for creditors. If it is not, a statutory power is required and section 4 of the Trusts (Scotland) Act 1921 and section 2 of the Trusts (Scotland) Act 1961 apply. Interim trustee in bankruptcy An interim trustee in bankruptcy has no power to contract, sell or lease unless this power has specifically granted by the court. Permanent
Q&As
The completion of a lease can be delayed for many reasons. These can include financing, a delay in obtaining vacant possession, or ongoing negotiations regarding collateral matters. The lease, being a contract, does not come into force until it is completed, which is when the parties’ legal obligations to each other are finalised. This can mean, if there has been a significant delay, that terms in the lease
Q&As
Under section 13 of the Employment Rights Act 1996 (ERA 1996), an employer may not make a deduction from the wages of any worker employed by the employer, unless: • it is required or authorised to be made by virtue of any statutory provision or any relevant provision of the worker's contract, or • the worker has previously signified in writing their agreement or consent to the making of it For more information, see the section of Practice Note: Deductions from wages entitled
Q&As
An agreement to settle or compromise a claim which is not done through CPR 36 provisions is an ordinary contract and is governed by the familiar rules of offer and acceptance. The intentions of contracting parties are construed objectively. This means a party’s ‘real’ intentions or desires do not matter: what matters is whether an objective observer would have construed that party’s words or actions to be the making of a valid offer capable of acceptance. This is best captured