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Q&As
What type of prize promotion? The question which was submitted did not specify which type prize promotion is intended to be used. For example, is this a free prize draw, a lottery or a competition dependent on the use of skill? Free prize draws or competitions dependent on the use of skill The Gambling Act 2005 (GA 2005) provides for the regulation of lotteries, betting and gaming, but activities such as free prize draws and competitions involving an element of skill do not fall under its ambit. For more information about free prize draws or for discussion regarding the use of skill, please refer to our Practice Note: Prize promotions. Lotteries Under GA 2005, most types of lottery are illegal. A lottery can only be lawfully operated under a lottery operating licence, unless it falls within one of the limited exceptions detailed in GA 2005. For more information regarding simple and complex lotteries, please refer to our Practice Note: Prize promotions and Gambling law—at-a-glance
FLOWCHARTS
ARCHIVED: This archived Flowchart provides an overview of the questions to be asked when determining international jurisdiction in employment cases, ie where proceedings can be brought, or which courts and/or tribunals should decide the case, where the proceedings were instituted on or before IP completion day (11pm on 31 December 2020). For further guidance on the impact of IP completion day, see Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals pre-1 January 2021 [Archived]—Brexit impact. For information on determining jurisdiction generally, see Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals pre-1 January 2021 [Archived]. For a Flowchart: • for determining the applicable law, ie which system
PRACTICE NOTES
This Practice Note provides an overview of the Consumer Rights Act 2015 (CRA 2015). The CRA 2015 provides consumer rights and remedies in respect of goods, digital content, and services, and reformed the law on unfair terms in consumer contracts. This Practice Note considers the aims of the CRA 2015 and the key definitions, controls on restrictions of liability, and rules on the treatment of unfair terms in consumer contracts contained therein. It also briefly considers the reform of enforcement powers, extension of civil remedies, and consumer collective actions for anti-competitive behaviour under the CRA 2015, as well as the provisions relating to letting agents and secondary ticketing. Background to the CRA 2015 The CRA 2015 received Royal Assent on 26 March 2015 and provided for a major overhaul and rationalisation of consumer law in the UK. In particular, the CRA 2015 covers consumer rights and remedies for the sale of goods and the supply of services and digital content, and reforms the law on unfair terms in consumer contracts. In addition, it introduced changes to the
PRACTICE NOTES
Introduction This Practice Note discusses some of the key issues arising where a supplier uses artificial intelligence (AI) in its provision of services to a customer under a services agreement. This Practice Note is not concerned with the procurement of an AI system itself, but rather with the scenario where a supplier uses AI in the background as part of its service delivery model. It is assumed that the supplier is using some form of generative AI system, such as ChatGPT or Microsoft Copilot, or potentially its own equivalent. The range of circumstances in which this could occur is vast. For example, a supplier might use AI to help analyse information or documents and provide advice as part of a consultancy type service or it might use AI to assist with creating outputs/deliverables such as advertising copy as part of a marketing service. Whatever the use case or particular services might be, the following common themes are likely to arise: • the scope of AI use: how to define this contractually, whether to control which AI systems
PRACTICE NOTES
This Practice Note considers the incorporation of a jurisdiction clause from a charterparty into a bill of lading. The focus is on: • the special English law rules applicable to incorporation of charterparty terms into bills of lading • the modern authorities on jurisdiction and dispute resolution wording in bills of lading • practical points arising from standard terms used in carriage contracts and bills of lading • the position of consignees and holders where incorporated bill terms are relied on The Practice Note is intended as an introduction for lawyers working on shipping and aviation matters. The Practice Note should be read in conjunction with Practice Note: Jurisdiction agreements by incorporation—principles, which considers the wider principles governing incorporation of jurisdiction clauses, especially incorporation by reference to standard terms and conditions. Key takeaways The key takeaways from this Practice Note are: • in the bill of lading context, the question is one of construction, but English law applies a strict approach to incorporation • general words will usually incorporate only
Q&As
Data protection implications The company, as controller of the customer’s personal data, must comply with its obligations under the Data Protection Act 1998 (DPA 1998) (prior to 25 May 2018) and the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) (from the 25 May 2018). The definitions of personal data under both DPA 1998 and the GDPR are wide and may include information such as the customer’s email address. Where a data controller has failed to comply with its data protection obligations, it can give rise to a claim for compensation under DPA 1998, s 10 or Article 82 of the GDPR/Clause 166 of the Data Protection Bill (which is currently before Parliament). In this case, relevant obligations with which the controller must
PRACTICE NOTES
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z LADs See Liquidated and ascertained damages (LADs or LDs). Late Payment of Commercial Debts (Interest) Act 1998 The Late Payment of Commercial Debts (Interest) Act 1998 creates a statutory entitlement to claim interest on overdue payments. See Practice Notes: Remedies for non-payment under construction contracts and Late Payment of Commercial Debts (Interest) Act 1998. Latent defects Defects inherent in the design or construction of a property which are not apparent on inspection. See Practice Note: Latent defects. Latent defects insurance Insurance which covers damage to a property caused by latent defects which become apparent during the life of the policy. Latent defects insurance normally lasts for 10 or 12 years from practical completion and is taken out on the
PRACTICE NOTES
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. 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. Drafting specifications for use in public procurement procedures This Practice Note provides guidance on the drafting of specifications for use in public procurement procedures and in particular procedures for the award of higher
PRECEDENTS
If you are in any doubt about this agreement and the action you should take, it is recommended that you immediately seek your own personal independent financial advice from your stockbroker, bank manager, solicitor, accountant or other independent financial adviser duly authorised under the Financial Services and Markets Act 2000 (as amended) if you are resident in the UK or, if not, from another appropriately authorised independent financial adviser in the relevant jurisdiction. [insert Company Name] Share Award Parties: 1 [insert Company Name], CRN [insert company number], (the ‘Company’) the registered office of which is at [insert address]; and 2 [Individual Name] of [insert address] (the ‘Subscriber’), together, the ‘Parties’. Background: The Company has offered and the Subscriber wishes to accept an opportunity to subscribe for Shares on the terms set out in this Agreement.[ This award has been approved by the Company at a meeting of the Directors dated [insert date].] The Parties HEREBY AGREE as follows: 1 Definitions and interpretation 1.1 In this Agreement, except where the context otherwise requires, the words and expressions set out below will bear the following meanings, namely: Actual Market Value
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. It summarises the law and key issues affecting businesses trading with consumers under contracts entered into before 1 October 2015 (when the Consumer Rights Act 2015 came into force). For contracts entered into after 1 October 2015, see our materials listed below. This Practice Note summarises the law and key issues affecting businesses trading with consumers under contracts entered into before 1 October 2015 (when the Consumer Rights Act 2015 came into force). It considers the terms of consumer contracts and the restrictions in respect of unfair terms and the reasonableness test, distance and doorstep selling, unfair trading, guarantees, cancellation rights, price and payment and online trading. For contracts entered into on or after 1 October 2015, see Practice Notes: • Consumer Rights Act 2015—summary • Distance, doorstep and on-premises sales • The Consumer Protection from Unfair Trading Regulations 2008 (pre-6 April 2025) [Archived] Introduction Contracts with consumers must be viewed from the consumer’s perspective as well as the trader’s. Consumer
NEWS
Property Disputes analysis: On 24 May 2024, the High Court handed down judgment in Tropical Zoo Ltd v Mayor and Burgesses of the London Borough of Hounslow. This case on breaches of lease covenants has the potential to change lease drafting and give rise to a new wave of arguments on waiver. Written by David Jones, associate at Womble Bond Dickinson.
PRACTICE NOTES
This Practice Note considers service charge typically levied on tenants of a multi-occupancy building by commercial landlords in Scotland. It does not consider disputes that arise regarding service charge or common parts, see Practice Note: Service charge disputes relating to commercial property—Scotland. Service charge Service charge is a payment that a tenant may be required to make to a landlord under a commercial lease in return for the landlord carrying out works to the common parts of the property and, in some cases, providing services. Specific provision must be made for the payment of service charge in the lease. The lease should set out the basis on which the service charge is to be calculated among the tenants in the building and when it is to be paid. There are a number of different ways that service charge can be apportioned among tenants, and what is best is likely to depend on the particular situation. Methods commonly used include: • floor area—the most commonly used basis of apportionment