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PRACTICE NOTES
This Practice Note examines the two different statutory definitions of 'redundancy'. The first is found in the Employment Rights Act 1996 (ERA 1996). Whether or not it is satisfied determines: • whether an employee may be entitled to a statutory redundancy payment (see Practice Note: Entitlement to statutory redundancy payment) • whether, in the context of an unfair dismissal claim, the reason for dismissal is redundancy (which is one of the potentially fair reasons for dismissal—see Practice Note: Reason for dismissal—redundancy) For further information regarding this first definition, see: Redundancy payment entitlement, and fair reason for dismissal, below. The second statutory definition is found in the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992), and is relevant in collective redundancy situations. This definition must be satisfied (as well as other criteria) before the obligation to inform and consult appropriate representatives will arise (see Practice Note: Collective redundancy—the triggers for the statutory consultation obligations). For further information regarding this second definition, see: Definition of redundancy for collective redundancy consultation, below. In many redundancy situations, whether
PRECEDENTS
This Agreement is made on [date] Parties 1 [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); and 2 [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), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Customer conducts the business of [insert description]. (B) The Supplier conducts the business of supplying [insert description of Services] to other businesses. (C) The parties have agreed that the Supplier shall supply the Services to the Customer on a non-exclusive basis in accordance with the terms set out in this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: [Access Hours • means [specify the hours during which the customer will allow the supplier access to the performance location];] Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Affiliate Losses • has the meaning given in clause
PRACTICE NOTES
The National Security and Investment Act 2021 (NSI Act) came fully into force on 4 January 2022. The NSI Act allows the UK government to review and intervene in a wide range of acquisitions in certain business entities and assets (referred to as ‘qualifying entities’ and ‘qualifying assets’ under the NSI Act regime) in 17 defined ‘sensitive areas’, with the ultimate objective of preventing transactions that could harm the UK’s national security. Under the NSI Act, acquisitions in qualifying entities are subject to mandatory notification requirements and must be cleared by the government before completion. The government also has powers to ‘call in’ a transaction in a qualifying entity or qualifying asset for an in-depth review where it has identified a national security concern (regardless of whether the mandatory notification requirements apply). The government can impose certain conditions on an acquisition and could unwind or block an acquisition completely. Civil penalties (subject to a maximum amount, being the higher of (i) 5% of global turnover of the business involved or (ii)
NEWS
This week's edition of Commercial weekly highlights includes: analysis of the Competition and Markets Authority’s practical compliance guide on environmental claims for fashion brands which summarises the key points arising from the guidance and potential implications for businesses both within and outside the fashion sector, commentary on the court’s decision in Dandara v Medway which considered whether a contractual expert determination clause applied to a dispute under a contact for the sale of land, and news that the government has halted the commencement of the Retained EU Law (Revocation and Reform) Act 2023, section 6.
NEWS
This week's edition of Corporate Crime weekly highlights includes news of a new Practice Direction establishing a national criminal court listing framework and updated live links guidance for criminal courts, both coming into force on 1 October 2026, Defra and the Environment Agency’s announcement of a new civil penalties framework increasing enforcement exposure for water companies, the HSE’s first prohibition notice issued against an occupational health service provider for inadequate health surveillance, and that the Criminal Procedure (Amendment) (No 2) Rules 2026 have been published. All this, and more, in this week’s Corporate Crime highlights.
NEWS
This week's edition of Commercial weekly highlights includes: commentary on the decision in Ayhan Sezer v Agroinvest which sets out the approach for identifying the date of default for the purposes of the Grain and Free Trade Association standard form default clause in an anticipatory repudiatory breach situation, analysis of a case involving Meta Platforms and Austrian privacy campaigner, Max Schrems, where the Court of Justice of the European Union opined that under the EU General Data Protection Regulation social media companies cannot process data for personalised advertising indefinitely, and news that the Product Security and Telecommunications Infrastructure (Security Requirements for Relevant Connectable Products) Regulations 2023 have come into force.
PRECEDENTS
This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Supplier); and 2 [insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the 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 is [insert Supplier’s background details and the background to the relevant transaction]. (B) The Customer is [insert Customer’s background details]. (C) The Supplier wishes to develop certain Software (as defined below) and the Customer wishes to engage the Supplier to develop the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Words shall have the meanings given to them in this Agreement, including without limitation as set out below: Acceptance or Accepted • means in relation to any Software successful completion of the Acceptance Tests or deemed acceptance in accordance with this Agreement; Acceptance
PRACTICE NOTES
FORTHCOMING CHANGE: This Practice Note reflects the current legislative position, however, note that certain elements will be impacted by the Digital Omnibus proposals published on 19 November 2025, pursuant to the EU Commission’s ‘simplification’ agenda. For more information, see Practice Note: EU Digital Omnibus—tracker. In brief Data protection laws in the EEA (the EU plus Iceland, Norway, and Liechtenstein) seek to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, EEA data protection laws impose a large number of obligations on those ‘processing’ personal data (and on the controllers of such processing). Key protections under EEA data protection laws include restrictions on automated individual decision-making (in summary, decision making by automated means, with those data protection laws imposing significant additional protections for data subjects where the decision making occurs in the absence of any meaningful human intervention) and profiling (in summary, automated processing of personal data to evaluate things about a person (which may or may not feature human intervention)). This Practice Note
PRACTICE NOTES
This Practice Note discusses governing law and jurisdiction in the context of finance transactions. It explains: • what is meant by governing law and jurisdiction • governing law in more detail, including how the relevant governing law will be determined • jurisdiction in more detail, including applicable rules for determining jurisdiction • governing law clauses in finance transactions and when English law might not be appropriate • jurisdiction clauses in finance transactions, and considerations when deciding on whether to include an exclusive, non-exclusive or asymmetric jurisdiction clause • service of process and process agents, and • arbitration clauses Information on governing law and jurisdiction can be found in the following Practice Notes: • Applicable law—a guide for dispute resolution practitioners, and • Jurisdiction—a guide for dispute resolution practitioners What is meant by governing law and jurisdiction? Governing law and jurisdiction are two fundamentally different concepts. Governing law The governing law (sometimes referred to as the applicable law) is the law applied by the courts to determine a dispute between
PRACTICE NOTES
This Practice Note introduces and considers the general principles that apply to the advertising and promotion of medicinal products as well as the accompanying rules on pharmaceutical industry interactions with healthcare professionals (HCPs). Introduction to the advertising and promotion of medicinal products In order to ensure the protection of public health, the advertising and promotion of medicinal products is highly regulated. The general rules for the advertising and promotion of medicinal products are: • advertising of medicinal products in respect of which a marketing authorisation (MA) has not been granted is prohibited • advertising of an authorised medicinal product must comply with the particulars listed in the summary of product characteristics (SmPC) attached to the MA • advertising of authorised medicinal products must not be misleading and must encourage the rational use of the medicinal product, by presenting it objectively and without exaggerating its properties • the promotion of prescription-only medicines (POMs) to non-HCPs such as patients or the general public is prohibited In addition to the general rules outlined above, other activities relating
NEWS
This week's edition of Property Disputes weekly highlights includes: MHCLG's consultation on extending Awaab's Law to private rented tenancies and licensed accommodation, and a High Court decision concerning liability for mis-selling off-plan care home room investments. It also includes the introduction of the Building Safety (Remediation of Unsafe Cladding etc) Bill to Parliament and MHCLG's guidance for local regulators on the developer remediation contracts.
CDS
GLOSSARY
swap'>Credit default swap—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.