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PRACTICE NOTES
This Practice Note provides guidance on the key steps to follow by an in-house legal team when creating a panel of external preferred legal services suppliers. It assumes that a considered decision has been made to outsource some or all legal work in an organisation. It also assumes that the organisation is a private sector organisation incorporated in England and Wales and is not subject to public sector procurement rules. This Practice Note suggests a logical process to guide you through the legal outsourcing process. It is supported by various Precedents and tools. Step 1: Assemble a procurement project team The first step is to put together a legal services procurement team to lead and manage the project. This team should ideally be small (maximum six people) to avoid it becoming unwieldy. The engagement and support of business stakeholders for the project is critical to its success. It is worth identifying your key stakeholders within the organisation who use legal services provided by external suppliers, and discussing with them what their
PRACTICE NOTES
The general rule is that profits and losses arising to a company from its derivative contracts are brought into account for corporation tax purposes on the basis of the company’s accounting measure of profit and loss in respect of those derivatives, as disclosed in the company's relevant accounts prepared in accordance with generally accepted accounting practice (GAAP). In other words, a company’s accounts prepared in compliance with GAAP provide the means by which the existence, measure and the timing of taxable amounts in relation to its derivative contracts are identified for corporation tax purposes. This is often described as ‘tax following the accounts’. The rules for the taxation of derivative contracts are contained in Part 7 of the Corporation Tax Act 2009 (CTA 2009) (CTA 2009, ss 570–710) and are discussed further in Practice Note: Taxation of derivatives—the main rules. There are, however, a number of specific circumstances where the rules for the taxation of derivatives depart from their reliance on a company's accounts. One area where this is the case is where anti-avoidance provisions within Part
PRACTICE NOTES
This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court is not required) when serving a claim form out of the jurisdiction without the court’s permission. It explains what Form N510 is and when it must be used. It then explains the different parts of the form to be completed, depending on which jurisdiction the claim form is to be served in. It also provides some considerations when completing Form N510 and explains the consequences of a failure to complete it correctly. Finally, it covers when the form must be filed and served and the consequences if this does not take place. For guidance as to whether the court’s permission will be required to serve a claim form outside England and Wales, see Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and Wales? What is Form N510? Form N510 is a court form used by the claimant to tell the court
PRACTICE NOTES
This Practice Note considers civil claims for bribery, either at common law (tort claim) or in equity. It: • identifies what a bribe or secret (or half-secret) commission is • explains bribery as a claim in equity • explains bribery as a common law claim in tort • considers the role of consent and informed knowledge • identifies the different available remedies • identifies related and supporting claims As discussed below, fiduciaries and their duties form a constituent element of a civil bribery claim, irrespective of whether the claim is pursued in tort or equity. For general guidance on fiduciaries, see Practice Notes: • Fiduciary Duties • Fiduciary duties—remedies for breach What is a bribe under civil law? Bribery is most commonly understood in the scenario where B (being the agent of principal, A) accepts the payment of money from C (the briber), which B does not disclose to A, in order that B then persuades or influences A as regards its dealings with C. See illustration: Bribery
PRACTICE NOTES
This Practice Note addresses frequently asked questions (FAQs) on social media communications relating to medicinal products in the UK. It focuses on the application of the Association of the British Pharmaceutical Industry (ABPI), Code of Practice for the Pharmaceutical Industry (ABPI Code) and the Prescription Medicines Code of Practice Authority (PMCPA) social media guidance to communications directed at healthcare professional (HCPs) and the public. The advertising and promotion of medicinal products is highly regulated because promotional activity can directly influence prescribing, purchasing, and treatment decisions, with potentially serious consequences for patient safety. The principal statutory framework is Part 14 of the Human Medicines Regulations 2012 (HMR 2012), SI 2012/1916. The Medicines and Healthcare products Regulatory Agency (MHRA) has also published the Blue Guide: Advertising and Promotion of Medicines in the UK (Blue Guide), which explains how those provisions are interpreted and enforced. The statutory framework is supplemented by industry self-regulatory codes of conduct, which are an integral part of the advertising practice compliance in the UK, with the greatest enforcement action seen at the
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of supplier] [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 customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Supplier conducts the business of supplying [insert description of services] to other businesses. (B) The Customer conducts the business of [insert description]. (C) The parties have agreed that the Supplier shall supply services to the Customer on the terms set out in this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Change • means any change to this Agreement including to any of the Services; Change Request • means a request submitted by a party to effect
GLOSSARY
A del credere agent guarantees the performance of the contract for the principal by the third party in return for extra commission.
GLOSSARY
The Contracts (Rights of Third Parties) Act 1999 allows third parties to be granted rights to enforce terms of a contract that they are not party to if the expressly stated in the contract or if that is clearly the intention of the contracting parties.
GLOSSARY
This concept became known following the publication of the FAC-1 Framework Alliance Contract in 2016. According to the author of FAC-1, framework alliancing draws on the processes involved in framework agreements but combines them with the collaborative features of an alliance contract.
GLOSSARY
A certificate issued pursuant to the contract'>building contract by the architect or employer's agent. The certificate confirms that the contractor has made good any defects, shrinkages or faults that have appeared during the defects liability period. It might also be referred to as a Notice of Completion of Making Good, or similar.
PRACTICE NOTES
This Practice Note considers the allocation of jurisdiction within the UK under the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). It considers the scope of that regime and the conditions which need to be met for the regime to apply, and considers the interaction with Regulation 1215/2012, Brussels I (recast) (the Regulation). It covers the general rule as well as exceptions to that rule. Finally, it considers forum non conveniens in this context. The CJJA intra-UK jurisdiction regime is intended to provide rules to allocate jurisdiction within the UK itself. Different rules and considerations apply when determining whether the courts of the UK have jurisdiction to hear the claim in question when there is an international element to the claim. The UK is made up of four countries, but only three legal jurisdictions: England and Wales, Scotland and Northern Ireland. CJJA 1982, s 50, refers to each of these as ‘parts of the UK’. English lawyers dealing with cross-border litigation need to be aware of a variety of different
GLOSSARY
An exclusion which applies when a client is introduced to an authorised person to arrange and/or to advise on a regulated mortgage contract