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GLOSSARY
Closed data network linking a number of sites using standard Internet protocols.
GLOSSARY
Intranets (websites that are only available to a limited group of people, such as company employees) are not likely to fall within the scope of PECR 2003 for the following reasons: • PECR 2003, reg 6(1) prohibits the placing of cookies on the device of a user or subscriber without them first having been provided with clear and comprehensive information and having consented • the term ‘user’ is defined in PECR 2003, reg 2(1) as any person using a ‘public electronic communications service’ • a ‘public electronic communications service’ means any electronic communications service that is provided so as to be available for use by members of the public (emphasis added) • an electronic communications service is a service consisting in, or having as its principal feature, the conveyance by means of an electronic communications network of signals, except in so far as it is a content service The critical part of this chain of definitions is that the service must be provided for use by members of the public. Clearly, as most intranets are available only to a limited group of persons they will fall outside the scope of PECR 2003.
PRACTICE NOTES
This guide enables organisations to make climate considerations part of the commercial rationale for transactions and contracts, helping them to meet climate targets and introduce legally binding
GLOSSARY
Means any person, business or other entity which introduces potential clients to an authorised firm.
NEWS
Arbitration analysis: The Chartered Institute of Arbitrators (CIArb) has launched its Business Arbitration Scheme (BAS), a fixed fee procedure for low to medium-value commercial disputes. Keisha Williams, head of Dispute Appointment Services (DAS) at CIArb, discusses BAS and the CIArb’s hopes for it.
NEWS
Family analysis: In AR v ML, Mostyn J overturned a trial judge’s decision to allow an application, after delivery of the final hearing judgment, to adjourn the case so that the wife could have the opportunity to present new evidence by way of property particulars. Matthew Richardson, barrister at Coram Chambers, comments on the case and its implications.
NEWS
On 19 June 2023, the Kingdom of Saudi Arabia enacted the Civil Transactions Law. The KSA Civil Code covers a range of topics, from contracts and property rights to financial transactions and dispute resolution. Dr Sultan Almasoud, partner, and Mohsin Suleman, partner, Law Firm of Dr. Sultan Almasoud in association with Shearman & Sterling LLP and Alex Bevan, partner, David Hume, partner, Sherman & Sterling examine the new code.
NEWS
EU Law analysis: the European Commission has announced plans to introduce a new optional EU-wide corporate form, ‘EU Inc’, as part of a proposed ‘28th regime’ intended to enable companies to operate under a single harmonised legal framework across the EU. The initiative is aimed at addressing regulatory fragmentation within the Single Market, where businesses expanding across borders must currently navigate 27 legal systems and numerous national company forms, often resulting in delays and increased administrative costs. Written by Dr Thomas Peschke and Alexandra Jandke of Pinsent Masons.
GLOSSARY
Where a company joins a public market without the issue of any new shares or any marketing of existing shares. Also known as a direct listing.
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of company] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of introducer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Introducer), (each of the Supplier and the introducer being a party and together the Supplier and the Introducer are the parties). Background (A) The Supplier is [insert details of the nature of the business of the Supplier] and requires the introduction of prospective customers to its business. (B) The Introducer is [insert details of the nature of the business of the Introducer] and has contacts who may become prospective customers of the Supplier. (C) The Supplier wishes to appoint the Introducer to make introductions of prospective customers to the Supplier on the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement, unless otherwise provided: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Business
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of company] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of introducer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Introducer), (each of the Supplier and the introducer being a party and together the Supplier and the Introducer are the parties). Background (A) The Supplier is [insert details of the nature of the business of the Supplier] and requires the introduction of prospective customers to its business. (B) The Introducer is [insert details of the nature of the business of the Introducer] and has contacts who may become prospective customers of the Supplier. (C) The Supplier wishes to appoint the Introducer to make introductions of prospective customers to the Supplier on the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement, unless otherwise provided: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Business
PRECEDENTS
1 Client details Client name [insert client name] Client number [insert client number] Matter number [insert matter number] Matter description [insert matter description] Fee earner [insert fee earner] Supervisor [insert supervisor] Has this client instructed us as a result of a joint publicity exercise with the separate business? ☐  Yes☐  NoIf yes, you will have to take extra care at section 3 to ensure the client understands the difference in regulatory status between us and the separate business and the consequences of those differences, especially if the matter is to be divided with the separate business. 2 The separate business and proposed introduction Name of separate business [insert name] Describe the services the separate business will provide to the client [insert description of services] 3 Transparency Is the client acting in the course of their trade, business or profession? ☐