Influencers help brands deliver targeted messages to large, interested groups with those messages being delivered by a trusted source. Influencers have an extensive social media following and thus a self-selecting, trusting audience that can typically be categorised by age, sex, location and/or interest. Because the majority of influencers use social media as their primary platform for sharing content, brands will have access to verifiable data illustrating the full impact of their ads. For example, the use of social media enables impressions and click-through purchases to be counted and this data can be used to inform real-time campaign optimisation.

An agreement used by brands working with celebrity and social talent bloggers and vloggers as part of a marketing campaign. Influencers may operate on platforms such as YouTube and in a wide range of industries such as food, fashion and health & fitness.

This Agreement is made on [date] (the Effective Date) Parties 1 [Insert name of company], a company incorporated in [England and Wales] under number [insert registered number], and whose registered office is at [insert address] (Company); and 2 [Insert name], of [insert address] (Talent). Background (A) The Company is the owner of the [insert] brand. (B) The Talent is [insert details of the talent’s background]. (C) The Company engages the Talent on the terms of this Agreement to promote the Company’s products. THE PARTIES AGREE: 1 Definitions and interpretation 1.1 In this Agreement: Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Fees • means the sums set out in the relevant Project Assignment; Project Assignment • means a document (substantially in the form set out in the Schedule to this Agreement) to be agreed in writing by the parties and which shall set out the detail of the Services to be performed by the Talent, including the fees to be paid for the Services; Services • means the services to be provided by the Talent as set out in the relevant Project Assignment(s). The initial Project Assignment is attached in the Schedule to this

This Practice Note is aimed primarily at brands wanting to use influencers for particular social marketing campaigns and advertising promotions. It is intended to give an overview of the key terms usually found in an agreement with an influencer and highlights key issues to be considered when reviewing an influencer agreement. For an influencer agreement, see Precedent: Influencer agreement. For detailed guidance on the regulation of influencer activity and the protections available to protect them from online harms, see Practice Note: The regulation and protection of influencers. The world of influencers is rapidly evolving and, while most influencers have not yet joined the ranks of traditional celebrities (be they sports stars, screen actors, musicians or royals), there are now service and support teams specifically acting for influencers helping with branding and commercial relationships. Some influencers will have public relations (PR) teams, legal advisors and financial investors, while others will never have received or reviewed a commercial contract for services. Due diligence and a degree of common sense will help the relevant parties

Influencers are so named because of their extensive social media following. They have a self-selecting, trusting audience that can typically be categorised by age, sex, location and/or interest. By using influencers effectively, brands can deliver targeted messages to large, interested groups and crucially, those messages are being delivered by a trusted source. Brands commonly work with influencers by: • paying influencers to post particular content (ie advertorials), and/or • providing affiliate links or discount codes to be included in posts where the influencer gets paid for every ‘click-through’ or sale tracked back to the influencer’s content (ie affiliate marketing) An influencer is effectively a business partner and should be carefully chosen to minimise potential damage and maximise the success of the campaign. This Checklist outlines key points to consider prior to engaging with an influencer for a specific project. Regulation of influencer advertising The primary legislation applicable to influencer advertising is Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), which regulates unfair and misleading business-to-consumer commercial practices. Among other unfair commercial practices, DMCCA 2024, Sch 20 prohibits using editorial

MLex: Ireland's Competition and Consumer Protection Commission has said in its annual overview of enforcement actions that in 2024, five traders were prosecuted in court and 23 compliance notices were served on traders, including three to social media influencers. This marks the first time that influencers have been served with such notices for failing to disclose the commercial nature of their social media posts. Several probes are ongoing in relation to them and further results are expected this year. The CCPC also said it would continue to carry out regular surprise visits, reminding influencers that they need to follow the law or potentially face legal consequences.

MLex: The Unified Patent Court (UPC) further defined the limits of its international reach, ruling that UK patent claims against a US company could not proceed without a sufficient connection to alleged infringement involving UPC-based defendants.

Informal adjudication describes a decision-making process by a public authority, regulator, professional body or similar, using light-touch procedures outside court, typically on the papers, without a formal hearing or strict rules of evidence. It is a descriptive expression rather than a term defined in UK or Irish legislation or case law, and should not be confused with statutory construction adjudication (Housing Grants, Construction and Regeneration Act 1996; Construction Contracts Act 2013).Typical features include paper-based determinations, expedited timetables, simplified submissions, consensual disposal (e.g. undertakings, warnings, fixed penalties) and internal reviews rather than full hearings. Despite its informality, it remains subject to public law duties: procedural fairness/natural justice, an impartial decision-maker, a fair opportunity to make representations, and reasons where required. Where civil rights and obligations or serious sanctions are in issue, Article 6 ECHR (UK) or Irish constitutional fair procedures may require enhanced safeguards, potentially including an oral hearing.Decisions reached by informal adjudication are often amenable to judicial review and, where provided, statutory appeal. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland: common law (and in Ireland, constitutional) fair procedures govern administrative decision-making by regulators, disciplinary bodies, ombudsmen and educational or membership institutions.

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further in the section Court specific guidance below. The general rule is that, in order to make an application, an applicant must file an application notice (CPR 23.3). For guidance on application notices and filing, see the following Practice Notes: • The application notice—form N244 • Filing and serving applications However, there are circumstances in which an application may be made without the formality of an application notice. An applicant may make an application without filing an application notice if: • this is permitted by a rule or practice direction, or • the court dispenses with the requirement for an application notice Two common situations in which the court may entertain an application made without an application notice are simple procedural applications made in correspondence and oral applications made during the course of a hearing. These are discussed below. Note:

Who are bondholders? Bondholders (sometimes also known as noteholders) may hold debt at various levels within the company’s capital structure (including senior secured, senior unsecured, mezzanine or subordinated). In a distressed situation, holders of certain series of bonds or notes may form an ad hoc committee (AHC) or group (AHG) or informal bondholder committee to coordinate their response to any proposed security enforcement, restructuring, liability management exercise (LME) or restructuring process (eg Part 26 scheme of arrangement or Part 26A restructuring plan (RP)). For further reading, see Practice Notes: Bonds and notes and Challenging Liability Management Exercises. The bondholders’ committee In larger restructurings, a bondholders’ committee may be formed by bondholders holding the higher exposures to a particular series of notes together with their legal and financial advisers. In practice, the bond trustee’s role in relation to any committee formed depends on the terms of the underlying trust deed/indenture itself and may be limited if potential conflicts of interest arise. The committee can also be known as the: • steering committee • co-ordinating committee • AHC

In many restructurings, informal (ad hoc or unofficial) creditors' committees are formed as opposed to formal creditors' committees (see Practice Note: Formal creditors' committee in a restructuring) and can greatly assist negotiations between the debtor company and its creditors. The rise of alternative finance providers since the 2007/8 credit crunch, including hedge funds and other investors, has enhanced the role of informal creditor committees. They are usually formed by bondholders, noteholders or unsecured creditors and are becoming increasingly important in the wave of informal liability management exercises (LMEs) we are seeing (see Practice Note: FAQs on Liability Management Exercises). There are no statutory rules or best practice guidelines on the creation of committees and the constitution and conduct of informal committees is even more flexible than formal committees. Informal committees have no specific powers and its members owe no fiduciary duties to other members of the committee or other creditors. Members are not automatically entitled to recover their costs unless provided for in the finance documentation or agreed as part of the restructuring. The

This Practice Note looks at potential issues that may arise when occupiers are allowed access to, or remain in possession of, residential property in England without a formal tenancy in place. These are examined in the context of lodgers, holiday lettings, family and friendly arrangements, and co-habiting partners. Lodgers A property owner may take in a lodger, and later wish to remove them. Their approach to doing so will depend on whether the lodger has a lease or a licence. In the usual scenario, where a lodger has access to the house and their own bedroom, in which the landlord provides bedding and cleaning, there will be a licence. That is because the lodger has no exclusive possession of any part of the property. If no services are provided in the room, and the lodger does have exclusive possession, a tenancy of the room will arise. The fact that there is no written agreement, or an agreement described as a ‘licence’, is no bar to this. See Practice Note: Leases and licences of land—key