ARCHIVED: This Practice Note has been archived and is not maintained. The EU consumer protection cases tracker is intended to track key cases related to consumer law. It includes relevant cases (opinions and judgements) of the Court of Justice classified by date and covering advertising and labelling, e-commerce, product liability and safety, provision of services, contracts, consumer disputes and enforcement. For more information on the main EU regulations and directives protecting consumer interests, see Practice Note: Key EU consumer legislation—summary. This tracker does not track data protection case. For more information on EU data protection cases, see Practice Notes: EU GDPR—data protection case law tracker and EU data protection—horizon scanner—Cases before the Court of Justice of the European Union. 2026 Case Date Find out more D.V. v MB Kigas, Case C-488/24, ECLI:EU:C:2026:399 13 May 2026 Court of Justice rules on pre-contract information duties concerning customs formalities and duties The Court of Justice has held that Article 5(1)(a) and (c) of Directive 2011/83 require a trader providing international road carriage

Produced in association with 4 Pump Court This Practice Note looks at the power of an adjudicator to award interest, and the various grounds upon which a party may claim interest in an adjudication. General principles Unlike in court proceedings, there is no statutory discretion conferred on an adjudicator to award interest on damages or debt, so a referring party must identify a basis for claiming interest. A referring party should explicitly claim interest (and identify the basis for its interest claim) in its Notice of Adjudication and Referral Notice to ensure that interest is validly claimed and within the adjudicator’s jurisdiction to award. The claim should include a rate of interest and details of whether the interest claimed is simple or compound and, if compound, the appropriate rests. There are a number of possible bases upon which an adjudicator can award interest: • where it is a 'matter in dispute' (eg interest is claimed under the contract or as damages) which has been referred to the adjudicator • the parties have agreed that the adjudicator has jurisdiction

Variations to the agreed drawings and specifications are usually needed on all major construction projects—see Practice Note: What is a variation on a construction project? All standard form construction contracts make provision for them and agreements for lease need to do the same. However, in agreements for lease, both parties (ie the landlord and the tenant) may want to implement variations to the planned works. Each party will wish to control what the other party can do, and therefore the agreement for lease must explain the procedure by which each party can request variations and the type or extent of work which it is permitted to vary. This Practice Note looks at how the agreement for lease may provide for variations requested by the landlord and the tenant. Landlords variations The landlord's building contract with the contractor will contain provisions enabling it to instruct variations . These variations may be as a result of the landlord changing its mind, the architect realising a part of the design doesn't work or as a result of the need to overcome

Summary Both assignments and novations of loan contracts are common. As they have different effects, limitations and risks, whichever mechanism is suitable depends on the purpose and requirements of the transaction. The fundamental difference is that assignment allows the transfer of rights (but not obligations) from one party to another without the consent of the borrower, whereas novation is the extinction and replacement of rights and obligations under a contract with a new agreement and with different parties. It does therefore require the agreement of the borrower. Assignment A detailed discussion of assignment is beyond the scope of this note. However, for the purposes of contrasting assignment and novation, the following are the key points. Types of assignment There are two types of assignment: (i) legal assignment under s. 136 of the Law of Property Act 1925 (LPA), which imposes formal requirements; and (ii) equitable assignment which is not subject to these requirements. What rights may be assigned? The general rule is that a presently owned right (eg

This case tracker contains a selection of significant employment judgments handed down in 2020. Information relating to ongoing cases of significance can be found in Practice Note: Case tracker—Employment. Links to Employment news analysis reports are included where they are available. The Lexis®+ UK Employment team is always pleased to receive details of other cases that may be of interest to subscribers. Please use the 'Contact Us' button above and the Lexis®Ask function to send us details. Case Name Number Topic Main issue Case history Varnish v British Cycling Federation t/a British Cycling UKEAT/0022/20 Employment status Whether an Olympic funded athlete is an employee or worker so as to be able to bring claims of sex discrimination, detriment for whistleblowing, victimisation and unfair dismissal. The ET held that the claimant was not an employee or worker of British Cycling or UK Sport, see report of 28 January 2019. The EAT agreed with the ET and dismissed the claimant’s appeal, see News Analysis: When a contract falls outside the employment field altogether (Varnish v British Cycling Federation) (24/7/20). Rejected

Many employers provide company cars for certain employees as part of their remuneration package, or give them a car or fuel allowance. For sample contract wording, see Precedent: Clauses—car or car allowance. Cars and car allowances not wages A company car is not wages for the purposes of the Employment Rights Act 1996 (ERA 1996)—a benefit in kind is not wages unless it is vouchers, stamps or a document which can be expressed in monetary terms and is exchangeable for money, goods or services. This means that a company car does not count towards the value of a week's pay (see Practice Note: Calculating a week’s pay) nor is it protected by the provisions relating to unlawful deductions from wages (see Practice Note: Deductions from wages). A car allowance is not 'wages' for the purposes of ERA 1996 if it merely refunds an employee for travel expenses they have incurred in their employment. However, an allowance for the private use of a car will count as 'wages'. An employer cannot count the value of a benefit in kind

A charity may be involved in a construction project: • to fulfil its charitable objectives (eg the construction of social housing) • to provide office or other accommodation in support of its principal charitable purposes, or • as an investment opportunity General issues on construction projects Anyone who is commissioning a construction project needs to understand the following general issues: • the respective roles of the developer, professional advisers, contractors, sub-contractors and suppliers • the need for collateral warranties from, or rights under the Contracts (Rights of Third Parties) Act 1999 in relation to, key members of the professional and construction teams • the different procurement methods • the range of standard form construction contracts and appointments, and the usual amendments to them • the role of professional indemnity insurance, contractor’s all risks insurance and product liability insurance • the provisions of: ◦ the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) in relation to payments under construction contracts and the right to refer a dispute under a construction contract to adjudication ◦ the Construction (Design

Executing documents properly when one or more parties to a contract are not physically present is sometimes known as virtual signing or virtual closing. An electronic signature is the electronic equivalent of a handwritten signature and links a person to the contents of an electronic document. The primary UK legislation on electronic signatures is the Electronic Communications Act 2000 (ECA 2000). Electronic signatures are broadly defined in ECA 2000 as: ‘so much of anything in electronic form as: (a) is incorporated into or otherwise logically associated with any electronic communication or electronic data, and (b) purports to be used by the individual creating it to sign’. Stavros Neocleous and Kalliroy Neocleous v Christine Rees established that a typed name at the bottom of an email can constitute an electronic signature. It is now generally accepted that typing a name at the bottom of an email can constitute a valid and admissible electronic signature. In recent years the English courts have generally taken a permissive

The common law trust has long been a feature in many kinds of commercial arrangements; however, its application is nuanced and adapted to the specific context of such arrangements. Moreover, while the fundamental principles of equity underpinning traditional trusts are relevant, courts have recognised more and more that the detailed rules developed for traditional trusts cannot be applied wholesale to commercial trusts. The trust has certain unique characteristics which set it apart from other legal relationships, such as contract, agency and bailment. This Practice Note sets out some of the many uses to which it has been, and may yet be possible, to put a trust which is created intentionally in order to fulfil a commercial purpose. Trusts that are created by operation of law regardless of the parties' intention or as a result of litigation are outside the scope of this Practice Note. What is a trust? See Practice Notes: An introduction to trusts for commercial lawyers and Nature and classification of trusts—the nature and classification of trusts. For information on what a trust is, the different

Introduction Good leaver and bad leaver provisions require a shareholder who is also an employee of a company to transfer their shares to another shareholder (or that the company acquire them) when they cease to be an employee. They are typically contained in a company’s articles of association and/or a shareholders’ agreement. For examples of such provisions that are used in a private equity or venture capital context, see Article 12, together with the associated Drafting Notes of Precedents: Articles of association—non-leveraged investment—single investor and Articles of association—non-leveraged investment—multiple investors. There are varying formulations of ‘bad leaver’, but they generally include any employee who has behaved in a way that justifies his summary dismissal, ie through gross misconduct under their employment or service contract. A bad leaver is typically required under the company’s articles to transfer their shares at a discounted price, which can be the lesser of the initial subscription price and the fair market value of the

(pursuant to part 26 of the companies act 2006 of great britain) between [insert name of company] and its Scheme creditors (as defined in the Scheme of Arrangement) Dated [insert date] 1 Definitions and Interpretation In the Scheme, unless the context otherwise requires or otherwise expressly provides, the following definitions apply: Act • means the Companies Act 2006 of Great Britain; Admissible Interest • means any interest provided for in a contract or any relevant statute or any other relevant law or judgment; Admitted Claim • means the balance, if any, calculated as remaining due from the Company to a Scheme Creditor pursuant to clause 10.1 following the application of set-off pursuant to clause 11.1; Agreed Claim • means the amount determined as being due from the Company in respect of a Scheme Creditor’s Claim pursuant to clause 8; Available Distributable Amount • means the amount available for payment by the Company to its Scheme Creditors pursuant to clause 13; Board • means the board of directors of the Company from time to time; Business Day • means any day other than Saturday, Sunday or any other day on which banks in the City of London are not open for business; Claim

In finance transactions, the terms 'netting' and 'set-off' are sometimes used interchangeably even though they are not the same thing. The confusion comes from the fact that netting and set-off can result in the same economic outcome for the parties involved. This Practice Note explains the difference between netting and contractual set-off and how netting is commonly used in commercial finance transactions. What is set-off? To understand netting, it is first important to understand set-off and, in particular, contractual set-off. Set-off is the discharge of reciprocal monetary obligations where one monetary amount is discharged to the extent of the other monetary amount. A right of set-off allows one of the parties (Y) to apply the amount owed to it by the other party (X) against the amount owed by it to that other party (X), enabling Y to reduce or extinguish its liability to X eg: Contractual set-off arises where a right of set-off is created by contract between the parties. For more information, see Practice Notes: What is set-off and when is it available? and