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GLOSSARY
The Sale of Goods Act 1979, ss 17, 19 provide for a right to retain title to goods. This can be done by inserting a retention of title clause into the contract for sale whereby the passing of the title in the goods supplied under the contract is made subject to the buyer paying the full purchase price for the goods. Also known as a Romalpa clause.
PRACTICE NOTES
What are CCPs and what do they do? A central counterparty (CCP) is a type of financial institution (also known as a clearing house) which facilitates the clearing of both over-the-counter (OTC) derivatives and exchange-traded derivatives (ETDs). CCPs are classed as financial market Infrastructures (FMIs). A derivative is a type of financial instrument whose value is determined by reference to (and so derived from) an underlying asset, index, rate, reference point or risk (referred to as the underlying asset or underlying). Derivatives are bi-lateral contracts which involve the transfer of all or part of the risk and reward associated with the underlying from one party to another without the immediate transfer of the underlying itself. The terms of OTC derivatives are agreed directly between the parties (or in some cases arranged through a broker). OTC derivatives can be distinguished from derivatives (usually futures or options) which are traded on public exchanges (exchange traded derivatives or ETDs). The terms of ETDs are specified by the exchanges on which they are traded, not by the parties. ETDs are, generally,
PRACTICE NOTES
This Practice Note examines and provides commentary on the list of compensation events contained in clause 60 of the NEC3 and NEC4 engineering and construction contracts (NEC3 ECC and NEC4 ECC). It looks at how the different compensation events may be used in practice, provides references to case law on the topics and suggests ways in which the compensation event clauses may be amended by the parties. This Practice Note supplements Practice Note: NEC contracts—compensation event regime which sets out the process for claiming compensation events under the NEC3 ECC and NEC4 ECC. Note that the NEC3 suite refers to the ‘Employer’ but, in the NEC4 suite, the employer is re-named the ‘Client’. For ease of reference, this Practice Note uses ‘Client’ in relation to both contracts. For a glossary of NEC terms, see Practice Note: NEC contracts—glossary. Compensation events in clause 60 The list of compensation events in clause 60 is the same in both the NEC3 and NEC4 versions of the ECC with the exceptions of 60.1(20) and 60.1(21) which
NEWS
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Online Procedure Rule Committee minutes of 14 April 2025 and the Court of Appeal decision in Shorts International Ltd v Google LLC (costs capping order); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
NEWS
Banking & Finance analysis: This News Analysis looks at the Lexis+® UK Banking & Finance team’s top ten cases for 2024. It should be noted that it is not an exhaustive list.
NEWS
This edition of Employment weekly highlights includes: (1) key employment announcements from the Budget 2025, with commentary from Crowley Woodford at Ashursts, (2) the announcement of 26 Employment Rights Bill–related consultations expected after Royal Assent, (3) government consultations on reforming non-compete clauses in employment contracts, on fair pay agreements for adult social care workers, and on amendments to timelines for migrant routes to settlement, (4) updated government guidance on the approval of senior pay in the private sector, and on special severance payments in public sector exit payments, (5) an update to the OECD Model Tax Convention, including guidance on cross-border remote work, (6) a draft statutory instrument giving private households a new right to check spent convictions of ‘personal employees’, (7) EAT judgments granting an extension of time in a state immunity appeal, and confirming that a provisional liquidator’s appointment may trigger disapplication of TUPE transfer and automatic unfair dismissal provisions, (8) dates for your diary, and (9) other news items of interest to employment practitioners.
NEWS
This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England and Wales, France, Belgium, UAE, Hong Kong and Kenya, updates from the ICC and IACA, and analysis contrasting the English Arbitration Act 2025 reform with France’s reform proposal. All this, and more, in our weekly highlights.
PRACTICE NOTES
This Practice Note provides guidance for a party involved in a commercial transaction between businesses to help them determine whether they are an independent controller, joint controller or processor under the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR). For higher-level introductions to data protection law, see Practice Notes: Data protection law—new starter guide and The UK General Data Protection Regulation (UK GDPR)—Summary of key legislation. The UK data protection law collection collates further general guidance on data protection law and is a recommended starting point for data protection research. In brief Data protection law in the UK is intended to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, UK data protection laws impose a large number of obligations on those ‘processing’ personal data (and on those who control such processing) and grant rights to those whose personal data is processed (the ‘data subjects’). In summary,
NEWS
This week's edition of Local Government weekly highlights includes the latest developments on local government reorganisation (LGR), with Kent County Council proceeding with a legal challenge to the government's preferred four-unitary model despite the wider LGR programme being paused. Case analysis includes Lancashire CC v BM, examining deprivation of liberty following the Supreme Court's decision in AGNI, particularly the relevance of purpose, relative normality and contentment when assessing restrictive care arrangements. Case reports include Wigan MBC v PK, in which the Court of Protection held that the individuals were not deprived of their liberty and that the Mental Capacity Act 2005 and Care Act 2014 provided adequate safeguards for their Article 8 rights. Further updates include Children's social care, Adult social care, Social housing, Governance, Licensing, Education and Healthcare.
GLOSSARY
A personal pension plan, stakeholder pension scheme or FSAVC scheme which had received an appropriate scheme certificate by HMRC, enabling its members to contract out of the state second pension.
GLOSSARY
A regulated activity whereby an individual transfers deferred benefits from a final salary occupational pension scheme, or from a money-purchase occupational pension scheme, in favour of an individual pension contract
GLOSSARY
Credit default swap (CDS) is a contract where the protection seller agrees to pay the protection buyer (often the debtor company) a settlement amount on the occurrence of a certain event of default (eg insolvency) in return for a premium.