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Article 27(1) of the General Data Protection Regulation (GDPR) requires both controllers and processors established outside the EEA to designate an EEA representative in certain situations, (see Practice Note: UK GDPR and EU GDPR—extra-territorial reach—Appointing a representative). While Article 28 of the GDPR does not provide that a controller-processor contract must contain any mandatory provision relating to an EEA representative, association with a party in breach of this obligation could result in damage to the other party's reputation. If a party has failed to appoint a representative when required it is also a red flag that it isn’t paying appropriate attention to compliance with data protection laws, which may make the risk
PRACTICE NOTES
Many sports and leisure activities carry an inherent risk of injury. Participating in an extreme sport or leisure activity can make it alluring and exciting but even common and less dangerous activities and sports such as cycling, swimming and playing football carry some risk of injury. Establishing liability will concern the consideration of a number of factors including negligence, assumption of risk and the inherent risks associated with the sport or leisure activity. When adults, fully aware of the risk, suffer injury while engaged in the risky activity, the question arises whether the organiser of the activity owes a duty of care to the injured person. Basic principles The basic principles for pursuing a personal injury claim apply equally to sports and leisure accident claims: • the defendant must owe the claimant a duty of care • the defendant must be in breach of that duty, and • the claimant must suffer a loss or injury which is causally connected with the breach Contributory negligence can often be
PRACTICE NOTES
Overview This Practice Note considers the role, scope and drafting of assumptions and qualifications in English law legal opinions delivered in banking and finance transactions. It focuses primarily on enforceability and capacity opinions issued in connection with loan facilities, including both bilateral and syndicated transactions. In most financing transactions governed by English law, delivery of one or more legal opinions is a condition precedent to utilisation or completion. These opinions are typically addressed to the lender, facility agent and/or security agent and the practice in England and Wales is that they are provided by the lender’s own legal advisers. Two structural components are fundamental to any legal opinion: assumptions and qualifications. Assumptions address matters of fact or external law which the opinion giver does not independently verify. Qualifications (sometimes referred to as reservations) limit or explain the scope and effect of the opinions expressed. Together, they define the boundaries of the opinion giver’s responsibility. Lenders may request the removal of particular assumptions or the narrowing of qualifications
PRECEDENTS
Important This is a legally binding document. Please read it carefully to ensure that it contains everything you want and nothing you are not prepared to agree date [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Landlord) 2 [name of Tenant] of [address] (Tenant) 3 [[name of Guarantor] of [address] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Communication Service • a telephone (other than a mobile telephone), the internet, cable television or satellite television; Deposit • a deposit of £[amount] to be held as security against a breach of any of the Tenant’s obligations in this Agreement; Fixtures and Fittings • any fixtures and fittings at the Property at the start of the Term, as set out in the Inventory and Schedule of Condition; Furniture and Effects • any furniture, furnishings and effects at the Property at the start of the Term, as set out in the Inventory and Schedule of Condition; HA 1988 • Housing Act 1988; Interest • interest at the rate of [3]% per annum above the Bank of England base rate (both before and after any judgment); Inventory and Schedule of Condition
PRECEDENTS
Important This is a legally binding document. Please read it carefully to ensure that it contains everything you want and nothing WITH WHICH YOU DO NOT agree date [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Landlord) 2 [name of Tenant] of [address] (Tenant) 3 [[name of Guarantor] of [address] (Guarantor)] 1 Definitions In this Agreement, the following definitions apply: Communal Areas • the [[identify shared areas, eg kitchen, bathroom, living room, garden, etc] [and any other] ] parts of the Property provided from time to time by the Landlord for use in common by the occupiers and users of it; Communication Service • a telephone (other than a mobile telephone), the internet, cable television or satellite television; Competent Authority • any authority which has jurisdiction in relation to the Property, its occupation or use; Deposit • £[amount, in figures] [([amount, in words] pounds)]; [Fixtures and Fittings • any fixtures and fittings in the Room at the start of the Term, as set out in the Inventory and Schedule of Condition;] [Furniture and Effects • any furniture, furnishings and effects in the Room at the
PRACTICE NOTES
This practice note considers assured and short assured tenancies in Scotland created between 2 January 1989 until 30 November 2017. What is an assured tenancy? The assured tenancy regime commenced in Scotland on 2 January 1989. It is a creature of statute and as such the starting point for matters pertaining to such tenancies is the Housing (Scotland) Act 1988 (H(S)A 1988). It is important to note that no new assured or short assured tenancies have been capable of creation since 1 December 2017. An assured tenancy is a tenancy that satisfies the requirements of H(S)A 1988, s 12, namely: • a house is let as a separate dwelling, and • the tenant, or at least one of the joint tenants, is an individual (not a commercial entity) • the tenant or one of the joint tenants, occupies the property as their only or principal home • the tenancy is not excluded in terms of H(S)A 1988, Sch 4 • the tenancy was not granted on or after 1 December 2017 The
GLOSSARY
The most frequently used tenancy agreement in the letting of residential properties to private tenants. These agreements are regulated by the Housing Act 1988.
GLOSSARY
A type of assured tenancy under Housing Act 1988 of a residential property, generally granted for a short-term, providing little long-term security, as a landlord can recover possession at the end of the contractual term, by serving notice and possession proceedings but without needing to establish any grounds for possession.
NEWS
Law360: Generic-drug makers on 23 July 2025 failed to convince a London appellate judge to set aside remaining protections for Astellas Pharma's blockbuster prostate cancer treatment, Xtandi, because the evidence provided was 'tainted with hindsight'.
NEWS
Law360, London: A European court ruled on 13 May 2026 that the publisher behind the Asterix comic franchise can continue challenging a Polish arms maker's 'Obelix' trade mark, finding officials failed to consider that consumers would recognise the character outside of the series.
GLOSSARY
A common inflammatory condition of the respiratory system and lungs.