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From 13 June 2014, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 replace the Consumer Protection (Distance Selling) Regulations 2000 and Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008. The regulations apply if you enter into an off-premises or distance contract with a consumer client. At the heart of the regulations is the duty to give the client: • notice of their right to cancel (called Instructions for cancellation), and • a prescribed Cancellation form If time is of the essence and you have to draft the will quickly, you will need an express request from your client to start work during the cancellation period—see precedent: Request to start work during cancellation period. Firms may, however, feel it is impractical to obtain an express request to start work during the cancellation period and be concerned that waiting for the cancellation period to expire may breach other professional obligations or expose the firm to a negligence claim. What
PRECEDENTS
1 Introduction 1.1 This policy sets out the Company’s approach to testing staff for coronavirus (COVID-19). It supplements, but does not replace, the Company’s health and safety[, coronavirus workplace safety] and sickness absence policies. 1.2 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.3 This policy applies to all employees, workers and contractors. 1.4 This policy has been written [following discussions OR in consultation] with [the recognised trade union OR employee representatives OR a representative group of employees]. 1.5 The information set out in this policy is taken from guidance on the Department of Health and Social Care (DHSC) and other government websites that are updated frequently. While we will try to keep this policy up-to-date, we strongly recommend that all staff familiarise themselves with the relevant DHSC and other guidance and check regularly for updates. We will also issue updates to staff, typically by email, if changes to the government guidance affect this policy. 2 Why we think workplace testing is important 2.1 The coronavirus pandemic continues to have a significant impact on all of
PRECEDENTS
_____________________________________ [DRAFT ]SETTLEMENT AGREEMENT (for settling disputes post-commencement of proceedings) [WITHOUT PREJUDICE AND SUBJECT TO CONTRACT [SUBJECT TO SIGNATURE BY PARTIES AND/OR SUBJECT TO COURT APPROVAL]][CONFIDENTIAL] _____________________________________ This Agreement is made the day of 20[insert year] Parties: 1 [insert name of party], a company registered in England and Wales (registered number [insert company number]), whose registered office is at [insert address] (‘Party A’)[ and] [;] 2 [insert name of party], a company registered in England and Wales (registered number [insert company number]), whose registered office is at [insert address] (‘Party B’). together the ‘Parties’ Whereas 1 On [insert date], [insert name of claimant] commenced court proceedings in the [insert level of court, eg, High Court of Justice, King’s Bench Division] (under claim number [insert claim number], against [insert name of defendant] for [insert details summarising the claim] (the ‘Claimant’s Claim’). 2 By a Defence [and Counterclaim ]dated [insert date] (the ‘Defence and Counterclaim’), [insert name of defendant] denied the Claimant’s Claim[, and counterclaimed against [insert name of claimant] for [insert details summarising the counterclaim]]. The Claimant’s Claim and Defence [and Counterclaim] [and any other statements of case served] are hereinafter referred to together
PRACTICE NOTES
FORTHCOMING CHANGE: Any dismissal effected to seek to introduce a ‘restricted variation’ to an employee’s contract of employment, or to enable the employer to replace the employee with an individual who is not an employee of the employer, will be automatically unfair, under sections 104I and 104K of the Employment Rights Act 1996 (ERA 1996), expected to come into force for dismissals effective on or after 1 January 2027. Commencement provisions are awaited. For more information, see Practice Note: Employment Rights Act 2025—tracker. FORTHCOMING CHANGE: The existing enhanced protection from redundancy that is available to employees during pregnancy, maternity leave and other types of statutory leave (and for an additional period after the leave has ended) is to be extended to cover other forms of dismissal. The powers to make regulations under ERA 1996 ss 49D, 74, 75C, 75J, 80D and 80EH were extended by sections 26 and 27 of the Employment Rights Act 2025 (ERA 2025), in force 6 January 2026 and 6 April 2026 respectively, and regulations are expected to come into effect in
PRACTICE NOTES
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed. Claims for use and occupation A claim for use and occupation is possible where there is occupation of land without an express agreement fixing the amount of rent. The landlord may bring a claim to recover a reasonable rent for the land so occupied. Compensation is recovered as damages for breach of an implied agreement to pay for the use of the land. The claim lies only if the tenant has actually entered on the premises with the landlord’s permission, not as a trespasser (in which case see Mesne profits below). The landlord must show an express or implied contract with the occupier, and they must have the legal estate (Morgell v Paul (1828) 2 Man & Ry KB 303 (not reported by LexisNexis®)). A legal title by estoppel is sufficient, eg where they have let the premises to the defendant,
PRACTICE NOTES
What does this Practice Note cover? It is not only banks and financial institutions that enter into derivative transactions. The types of entities seeking to enter into derivative transactions can vary widely from, for example, a company to a university. This raises the issue of a party's capacity to enter into derivative transactions. The legal issues relating to capacity in the context of derivatives are complex and require careful consideration. Parties will be concerned to ensure that the entity with which they are dealing (their counterparty) has capacity to enter into the derivative transaction because the consequences of lack of capacity may be that the contract is declared void from the outset as a result of it being ultra vires. This Practice Note explains: • the key issues to note when considering an entity's capacity to enter into a derivatives transaction from a general perspective • the key points to consider when looking at a signatory's authority to sign derivatives documentation, and • issues surrounding the most common types of counterparties where capacity and authority might be an
PRECEDENTS
1 Introduction to the policy 1.1 [Organisation name] is required to put in place appropriate systems and controls to combat money laundering, terrorist financing and proliferation financing under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. 1.2 For more details on MLR 2017, see section 10. 2 Scope and application 2.1 This policy contains the procedures we have developed to comply with MLR 2017, as amended. 2.2 This policy applies to all[ our offices], employees, officers, consultants, contractors and to other workers including agency workers, casual workers[, volunteers] [, interns] and home workers. 2.3 All staff must be familiar with this policy and comply with its terms. 2.4 This policy does not form part of any contract of employment and we may amend it at any time. 3 Responsibility for AML, CTF and counter-proliferation financing compliance 3.1 The organisation itself is primarily responsible for compliance with MLR 2017, including all systems and control requirements. 3.2 [While the organisation is primarily responsible for compliance with MLR 2017, we have appointed a money-laundering compliance officer (MLCO) and a nominated officer, as shown in the table below:
PRECEDENTS
Parties 1 [Insert the company name (the name of the sponsor)] with a registered office at [insert address] hereinafter referred to as the Controller; and 2 [Insert the company name (the name of the Contract Research Organisation (CRO))] with a registered office at [insert address] hereinafter referred to as the Processor, each of the Controller and the Processor being a Party and together the Controller and the Processor are the Parties. BACKGROUND (A) The Parties have entered into one or more written agreements for the purposes of providing certain Services related to [add description of the Services (eg the conduct and management of clinical trials)], as amended from time to time, and collectively, the ‘Principal Agreement’, which involve the processing of certain Personal Data. (B) The Parties wish to lay down their rights and obligations regarding the processing of Personal Data in this data protection schedule, the ‘Schedule’, which is intended to be attached to the Principal Agreement. (C) This Schedule between the Parties forms part of the Principal Agreement and consists of the main body of the Schedule, Appendix 1(Subject matter and details of the data processing operations), Appendix
PRACTICE NOTES
Introduction This Practice Note addresses frequently asked questions concerning the quality, supply, delivery and installation of consumer goods and the remedies available where goods do not conform to the contract. The principal framework is contained in the Consumer Rights Act 2015 (CRA 2015), which implies statutory terms into contracts between traders and consumers and establishes a hierarchy of remedies for breach. For further information, see Practice Notes: • Consumer Rights Act 2015—goods • Distance, doorstep and on-premises sales • Consumer remedies and redress • Consumer protection for defective or dangerous products—legal bases This Practice Note addresses the following frequently asked questions: • What standards must goods meet under the Consumer Rights Act 2015? • Who is responsible for dealing with faulty goods—the retailer, manufacturer, importer or marketplace? • When can a consumer exercise the short-term right to reject goods and obtain a refund? • When is a trader entitled to repair or replace defective goods instead of providing a refund? • When can a consumer exercise the final right to reject goods or seek a price reduction? • Who
PRACTICE NOTES
Introduction This Practice Note is part of our student series, aimed specifically at students undertaking their LLB. It examines certainty of terms, a requirement that must be satisfied before an agreement will be treated as a binding contract. This Practice Note deals with certainty. It explains the level of definiteness the law requires, then addresses the two ways an agreement typically falls short: where the essential terms are ambiguous, and where they are missing altogether. The contrast between Scammell & Nephew Ltd v Ouston and Hillas & Co Ltd v Arcos Ltd illustrates the first; the contrast between May & Butcher Ltd v The King and Foley v Classique Coaches Ltd illustrates the second. It also sets out how an incomplete price is resolved, including under section 8 of the Sale of Goods Act 1979 (SGA 1979), and examines the weight given to performance already rendered, drawing on British Steel Corporation v Cleveland Bridge & Engineering Co Ltd, G Percy Trentham Ltd v Archital Luxfer Ltd and the Supreme Court’s decision in RTS Flexible Systems Ltd v
NEWS
This week's edition of Commercial weekly highlights includes: commercial analysis of a breach of a refund guarantee obligation in shipbuilding contracts in SLB v Pak, the Competition and Markets Authority’s consultation seeking views on its draft guidance on the application of the Chapter I prohibition in the Competition Act 1998 to technology transfer agreements, and publication of the Information Commissioner's Office’s guidance on Storage and Access Technologies and updates to its online tracking strategy.
NEWS
Banking & Finance analysis: This News Analysis provides a summary of the cases we have alerted in Banking & Finance for April 2026.