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Q&As
Exclusive and non-exclusive agency agreements The terms ‘exclusive’, ‘non-exclusive’ and ‘sole’ are used frequently to describe the rights granted under both agency and distribution agreements, but these terms have no set legal meaning and so it is important to define precisely what is meant by these terms within the agreements themselves. The common meaning of these three forms of agency relationships are: • exclusive—only the agent may sell or supply the designated products in the specified territory and the principal may not do so or appoint others to do so • sole—the principal may sell or supply the products in the territory but may not appoint other agents to do so • non-exclusive—the principal may sell or supply the contract goods in the territory and may appoint other agents to do so For further general information on these
Q&As
The general rule is that where a purchaser of a freehold interest in land enters into obligations with the vendor, while the burden of restrictions will in many cases bind a successor in title, obligations which require the covenantor to do something will not pass when the freehold estate is transferred. The rentcharge is a means by which an obligation to pay money can pass to the successor of the original purchaser. While there is no difficulty as a matter of privity of contract in imposing an obligation upon the purchaser to pay the vendor for the provision of services connected with the land, the position is less straightforward when the vendor passes the freehold interest to a third person. The rentcharge, however gives its owner the right to require the periodical payment of money from the owner of freehold land. It is not a mortgage
Q&As
This Q&A assumes that the subtenant is the current owner of the equipment, and the intention is to transfer ownership in the equipment to the landlord. We have also assumed that the landlord and subtenant are both acting in the course of business. Transferring ownership of the equipment In order to transfer ownership of (or title in) the equipment from the subtenant to the intermediate landlord, the subtenant must agree to sell and the intermediate landlord must agree to buy the equipment. It is not clear what the proposed terms of the ‘deed of surrender’ are, but any agreed sale of equipment must satisfy the usual rules on formation of a valid contract (ie there must be a valid offer and acceptance, valuable consideration, and certainty of
PRACTICE NOTES
This Practice Note explains the risks faced by producers in respect of their liability to members of the public for dangerous or sub-standard products on the Great Britain market, and the steps which producers can take to manage that risk. Risks Any business trading in consumer goods (or goods that may fall into the hands of a consumer) needs to be aware of the requirements of existing legislation and common law remedies and the risks that it faces if the product fails to function properly or presents a danger to users or other members of the public. End-users who purchase dangerous or sub-standard goods may be able to claim: • for breach of contract against the seller under the Consumer Rights Act 2015 (CRA 2015) • directly against a manufacturer under a product guarantee • where there has been some personal injury or damage to other property besides the product supplied: ◦ in negligence ◦ in strict liability
Q&As
Limiting the number of bids a tenderer can submit A contracting authority (CA) may wish to limit the number of bids a tenderer may submit in a public procurement exercise. The CA’s power to decide whether to do so must be exercised taking into account capacity, open competition and equal treatment and/or in order to ensure the integrity and objectives of the procurement in accordance with the applicable rules. For background reading, see Practice Notes: Introduction to public contracts procurement—pre PA 2023 [Archived] and The principles of EU procurement. In practice, multiple tenders for the same contract may be submitted in the following scenarios: • a tenderer acting alone could submit a number of bids in response to an expression of interest/invitation to tender, and • a supplier might participate alone in one tender submission, and in one or more groups in respect of other tender submissions In these scenarios
PRACTICE NOTES
Overview Falling rainwater and other water is captured as it moves through the water cycle and exploited for the purposes of generating electricity. This may be achieved using a number of different methods, including by harnessing the power of a river’s natural energy as it descends from higher land elevations down to sea level or by constructing a dam with reservoir, in each case making use of installed turbines and generators as the electricity production mechanisms. As water is not itself a finite global resource, and as it is not exhausted in the process of the energy being generated as the water moves downstream, hydropower constitutes a form of renewable energy. Given the variations in seasonal water flow and availability and topography by geography, however, hydropower can prove challenging as a baseload grid contributor, and will more commonly complement other forms of national renewable energy production as a ‘top-up’ to supply into the grid when such other energy sources are, by reason of intermittency, insufficient to meet grid requirements. History and growth of
PRACTICE NOTES
Scope of this Practice Note This Practice Note introduces the concepts of Web 3.0, digital assets and cryptoassets. Regulators and tax authorities, as well as commentators, refer variously to cryptoassets, digital currencies, virtual currencies, cryptocurrencies and crypto tokens/digital tokens, and it is not always clear whether they are using the terms interchangeably or with the specific meaning of each in mind. In this Practice Note, the term ‘cryptoasset’ is used as a generic term for cryptocurrencies, virtual currencies, virtual assets or digital tokens. As can be seen from section What are digital assets and cryptoassets? below, while all cryptocurrencies are cryptoassets and all cryptoassets are digital assets, not all digital assets are cryptoassets, and not all crypto assets are cryptocurrencies. This Practice Note focuses predominantly on ‘cryptoassets’ rather than the wider ‘digital assets’, as specific regulatory requirements in the digital space have largely been limited to cryptoassets. The Practice Note also briefly discusses regulatory initiatives relating to the regulation of Web 3.0. This Practice Note explores common terms associated with cryptoassets
PRACTICE NOTES
This document provides a full list of the Precedents available in our suite of employment tribunal pleadings. It is structured by topic covered. Some of the pleadings may appear under more than one heading if they are relevant to more than one topic. Unfair dismissal Constructive dismissal • ET1 Claim for unfair dismissal—constructive dismissal • ET3 Response to unfair dismissal claim—constructive dismissal • ET1 Claim—direct sex discrimination, sexual harassment, victimisation and constructive dismissal • ET3 Response—direct sex discrimination, sexual harassment, victimisation and constructive dismissal Conduct • ET1 Claim for unfair dismissal—conduct • ET3 Response to unfair dismissal claim—conduct Redundancy • ET1 Claim for unfair dismissal—redundancy • ET3 Response to unfair dismissal claim—redundancy Performance • ET1 Claim for unfair dismissal—performance capability • ET3 Response to unfair dismissal claim—performance capability Ill-health capability • ET1 Claim for unfair dismissal—ill-health capability • ET3 Response to unfair dismissal claim—ill-health capability • ET1 Claim—disability discrimination (direct discrimination, indirect discrimination, discrimination arising from disability and failure to make reasonable adjustments), harassment, victimisation and unfair dismissal (ill-health capability) • ET3 Response—disability discrimination (direct discrimination, indirect discrimination,
PRACTICE NOTES
Updated in December 2025 Introduction As one of the largest economies on the continent, South Africa is a suitable base for generating investment and trade with the rest of Africa, particularly in the sub-Saharan region. South Africa has a well-developed infrastructure and established trade links with the rest of Africa. There are a variety of ways of structuring business operations in South Africa. The aim of this Practice Note is to highlight some of the key areas that a new business should consider before it begins to operate in South Africa. This Practice Note should not be considered to be an all-inclusive guide, and specific South African legal advice should always be sought before setting up and running a business in South Africa. South Africa consists of three levels of government, namely: national, provincial and local government. The National Assembly is the supreme law-making body and the laws made by it are applicable throughout the country. There are nine provinces, each with its own legislature, premier and executive council.
PRACTICE NOTES
Updated in October 2025 Introduction Since the mid-twentieth century, Taiwan has been one of the 'Asian Tigers' maintaining a dynamic capitalist economy with a strong presence in international markets. According to the World Trade Statistical Review 2025, Taiwan is the 16th largest exporter in the world merchandise trade in 2024, and IMD World Competitiveness Yearbook 2025 ranked Taiwan as the 6th most competitive economy in the world. In addition, the government offers various attractive incentives to make Taiwan more business-friendly. With a stable political environment and domestic market, significant technical expertise in both hardware and software engineering, abundant high-quality human resources, well-established infrastructure, and favourable investment acts, Taiwan provides an attractive business climate. Furthermore, since it is located in the heart of the Asia Pacific region, Taiwan is a strategic platform connecting some of the major economies including the US, China, Japan, Korea and emerging markets such as the ASEAN Economic Community (AEC). In June 2010, the People’s Republic of China (PRC) and Taiwan signed the Economic
PRACTICE NOTES
Heads of terms (also known as an offer letter, term sheet, letter of intent or memorandum of understanding) set out, in a short document, a broad outline of the parties' expectations, understanding and agreement of the key terms of the proposed transaction which they have agreed in principle. Where used, heads will be signed at the beginning of the transaction as soon as the parties agree key terms and before the buyer incurs costs in conducting its due diligence and negotiating the transaction documents. Whilst the heads will not compel the parties to conclude the transaction on the stated terms, or even at all, they are intended to establish, in principle, the main commercial terms of a deal. There is no standard format for heads of terms and they can either take the form of a letter (as is common) or an agreement. Either party can prepare the heads of terms, although it is common for the buyer to prepare the first draft. First drafts are often prepared by the principals and then reviewed and
NEWS
This week's edition of Local Government weekly highlights includes the latest coverage on local government reorganisation, including MHCLG publishing implementation letters for Suffolk; Norfolk; Hampshire, Isle of Wight, Portsmouth and Southampton; and Essex, Southend-on-Sea and Thurrock, as well as the latest coverage on public procurement including the reorganisation of public procurement oversight with the launch of the Government Commercial Agency, the Cabinet Office publishing the government response to the consultation on public procurement reforms and a new Contract Management Playbook. Case analysis includes Titchfield v SSHCLG on the Court of Appeal’s clarification of section 57(4) of the Town and Country Planning Act 1990 ‘counterfactual’ in planning enforcement cases and Barbican Quarter Organisation Ltd v City of London Corporation on why an environmental impact assessment separation breach did not invalidate planning permission for London Wall West. Case reports include the decision in BZP v Warwickshire CC, confirming that an EHCP could specify a ‘small class’ without fixing a precise pupil ratio and LM v Birmingham CC, confirming that a lower-cost placement may be preferred for an EHCP where it meets needs and is compatible with the efficient use of resources. It also includes further updates on Local government reorganisation, Public procurement, Planning, Education, Governance, Social housing, Healthcare, Children’s social care, Adult social care and Pensions.