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PRACTICE NOTES
Scope and purpose This Practice Note assists with the review and/or negotiation of a warehousing and transport services agreement. It is intended for use by a lawyer who is representing the customer (most larger suppliers tend to use their own in house teams). It is implicit in much of this Practice Note, reflecting the commercial reality of many of these deals, that the warehousing and transport services agreement under consideration has been drafted by the supplier and is therefore biased in its favour. For a precedent with pro-customer bias, see Precedent: Supply of warehousing and transport services agreement—pro-customer. Sector influences The logistics sector (which includes warehousing and road transport services) is a reasonably mature one and is influenced by a number of prominent trade associations including bodies like the Road Haulage Association (RHA), Logistics UK (formerly the Freight Transport Association (FTA)) and the UK Warehouse Association (UKWA). Many of these bodies have developed standard terms for use by their members (typically suppliers of transport and storage services in
PRECEDENTS
Article 18(1) of the UK Market Abuse Regulation (Assimilated Regulation (EU) 596/2014 (UK Market Abuse Regulation)) provides that an issuer or any person acting on an issuer’s behalf or account must draw up a list of all persons who have access to inside information and who are working for them under a contract of employment, or otherwise performing tasks through which they have access to inside information, eg advisers, accountants or credit rating agencies. The Financial
Q&As
Under section 13 of the Employment Rights Act 1996 (ERA 1996), an employer cannot make any deductions from the wages of a worker unless: • the deduction is required or authorised to be made by virtue of: ◦ a statutory provision, eg the requirement to make deductions for income tax or National Insurance contributions via Pay As You Earn (PAYE), or ◦ a relevant provision of the worker's contract, eg where the employer provides a loan to the worker and has a contractual
Q&As
Under section 1(2) of the Law of Property (Miscellaneous Provisions) Act 1989, a deed must be: • in writing • clear on its face that it is intended to be a deed • executed and • delivered While a contract takes effect upon execution, a deed takes effect immediately upon delivery and therefore does not necessarily coincide with the execution date. Delivery means, in essence, that the parties intend to be bound by the deed. Requirements
Q&As
A spouse may be provided with accommodation as part of their employment package at a subsidised rate or at no cost. Living in such accommodation may be necessary for the performance of their duties under their contract of employment. One of the factors to which the court must have regard in performing its discretionary exercise, is the ‘financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable
PRACTICE NOTES
This Practice Note sets out the circumstances in which claims of discrimination, harassment and victimisation and certain other claims, known as ‘prohibited conduct’ claims under the Equality Act 2010 (EqA 2010), may arise, before, during and after employment. This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. Domestic laws that have been made to implement UK obligations under EU law (such as the obligation to implement a Directive) were retained EU-derived domestic legislation under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). From 1 January 2024, under the Retained EU Law (Revocation and Reform) Act 2023, EU-derived domestic legislation is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under EU(W)A 2018). For more information, see Practice Note: Assimilated
PRACTICE NOTES
This Practice Note considers the UK tax aspects of the establishment, operation and termination of contractual joint ventures, and also considers how the joint venture parties may distinguish such an arrangement from a partnership. It is assumed for the purpose of this Practice Note that the joint venture parties are UK tax resident corporate entities and that the business of the joint venture is located in the UK (for information on joint ventures with a non-UK element, see Practice Note: Tax implications of international joint ventures). What is a contractual joint venture? A joint venture is a commercial arrangement entered into by two or more independent parties. There are no specific laws, including tax laws, applicable to joint ventures and no technical legal meaning of the term. A joint venture can take many forms. For example, it may be operated through a separate joint venture vehicle, commonly a limited liability company or a partnership. Alternatively, and at its
NEWS
The Financial Conduct Authority (FCA) and the Department for Work and Pensions (DWP) have published a joint consultation on draft regulations and rules for the new Value for Money (VFM) framework for defined contribution workplace pension schemes. The proposals are intended to establish, as far as possible, a consistent regime across FCA-regulated contract-based arrangements and occupational pension schemes, and to shift the market’s focus away from charges alone towards overall member outcomes. The consultation closes on 1 September 2026.
NEWS
The Trade Union Congress (TUC) has published the results of a poll into zero-hours contracts, which reveal that 84% of zero-contract workers want regular full-time work hours, while 75% of those polled indicated they are struggling to meet living expenses due to not being offered enough hours. The TUC suggests that the upcoming Employments Rights Bill is crucial in order to ensure a rise in employment standards.
GLOSSARY
A speciality is a contract or covenant executed as a deed.
NEWS
This week's edition of EU Law weekly highlights includes analysis on a Court of Justice decision which determined that travel in a third State constitutes an international element under Brussels I for the purposes of determining the jurisdiction over a consumer contract, the General Court’s dismissal of Google’s €1.49bn anti-trust fine, and on the scope of General Court's jurisdiction in assessing facts. In addition, this week the Council of the EU adopted its negotiating mandate on an updated alternative dispute resolution framework for consumers, the European Commission opened consultations on the flight labelling scheme methodology under the ReFuelEU Aviation Regulation and on the draft rules to calculate efficiency of battery recycling, over one hundred companies signed the EU AI Pact, and measures were adopted by the Commission to restrict the use of PFAS substances.
Q&As
Neither ‘distributor’ nor ‘dealer’ are terms which have a specific recognised meaning under English law. The courts will look at the substance of the agreement between the parties to determine the nature of it. Unlike the terms ‘distributor’ or ‘dealer’, the term ‘agency’ does have a particular meaning under English law, see: Agency—overview. The terms ‘distributor’ and ‘agent’ are commonly compared and contrasted in commercial arrangements, as they offer manufacturers and other principals two distinct methods of taking their goods and services to market via a third party. See also: Distribution—overview. Distribution has certain features in common with agency, but the underlying legal principles are significantly different. A distributor would purchase products from a manufacturer and sell those products on to customers as an independent principal,