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NEWS
This week's edition of Commercial weekly highlights includes: analysis of the statutory guidance on the failure to prevent fraud offence which was introduced under the Economic Crime and Corporate Transparency Act 2023, commentary on Advertising Standard Agency's strategy to proactively pursue ‘greenwashing’ claims which explains the risks posed to businesses and what they can do to minimise their exposure, and news that the Department for Business and Trade has launched a consultation on implementing the new subscription contracts regime to be introduced under the Digital Markets, Competition and Consumers Act 2024.
NEWS
This edition of Employment weekly highlights includes: (1) the Supreme Court’s ruling on the protection of striking workers with comments from David Reade KC, Nick Chronias and Stuart Brittenden KC on the implications of the decision, (2) an EAT decision on issues of international jurisdiction relating to a claim brought against a US company and US individuals, (3) analysis of an Upper Tribunal case on the IR35 employment intermediaries legislation (4) an EAT judgment raising questions about the impact of Geys on Hogg v Dover dismissal, (5) a statement from the Department for Business and Trade on the government’s decision not to introduce specific provision for domestic abuse statutory leave, (6) an EAT decision on whether a writer was an employee for the purposes of bringing a discrimination claim, (7) updated guidance from the Information Commissioner’s Office on special category data, (8) an EAT judgment looking at case management orders in a multi-claimant equal pay claim, (9) planned downtime to online services for employment tribunals, (10) dates for your diary, (11) updates to our case tracker, and (12) a new Q&A.
NEWS
This week's edition of Property Disputes weekly highlights includes: a Court of Appeal decision that a landlord should not have brought forfeiture proceedings due to the terms of an earlier settlement agreement, analysis of the Supreme Court’s decision in Waller Edwards v One Savings Bank, a High Court case where a trustee in bankruptcy was granted an order for possession and sale of a jointly-owned property and the publication of draft guidance and consultation responses on the implementation of Awaab's Law.
NEWS
This week's edition of Arbitration weekly highlights includes: coverage of Commercial Court decisions concerning anti-suit injunctions; coverage of arbitration-related decisions from India, the USA and Spain; updates from the United Nations Conference on Trade and Development (UNCTAD), the China International Economic and Trade Arbitration Commission (CIETAC) and the Stockholm Chamber of Commerce (SCC) Arbitration Institute. All this, and more, in our weekly highlights.
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of Customer] [of OR trading as [insert trading name] 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 Vendor] [of OR trading as [insert trading name] of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Vendor), (each of the Vendor and the Customer being a party and together the Vendor and the Customer are the parties). Background (A) The Vendor is in the business of the development, manufacture and sale of [description of applicable products] and provides associated management inventory services. (B) The Customer wishes to purchase [description of applicable products] from the Vendor and have the Vendor manage its inventory with respect to the same. (C) The parties have agreed that the Vendor shall supply the Products and VMI Services (as both are defined below) 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
NEWS
This week's edition of Property weekly highlights includes: news on reforms under Leasehold and Freehold Reform Act 2024, regulations relating to the Register of Overseas Entities, HMLR guidance updates, the coming into force of the second phase of Awaab’s law in November, residential tenancies and electrical safety, a revised approach to building assessment certificates for higher-risk buildings, Terrorism (Protection of Premises) Act 2025 notification requirements and guidance, changes to biodiversity net gain exemptions, HMLR’s annual report and accounts and cases on being ‘ready, willing and able to complete, boundary agreements, execution of contracts and appointment of receivers, right to manage notices and forfeiture of long leases.
PRECEDENTS
This Agreement is made on [date] Parties 1 [Insert name of supplier company], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert registered office] (Supplier); and 2 [insert name of customer company], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert registered office] (Customer), each of the Supplier and Customer being a party and together the Supplier and Customer are the parties. Background (A) The Supplier is a supplier of[ IT products and services]. (B) The Customer has appointed the Supplier, subject to this Agreement, to supply Products and/or Services as set out in the Statements of Work. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Acceptance • means the Solution passing the Acceptance Tests in all material respects under clause 7.4 or being deemed accepted under clauses 7.5, 7.6.3(a) or 7.7.2(a); Acceptance Criteria • means (if any) the acceptance criteria set out in the Statement of Work or as otherwise agreed in writing between the parties; Acceptance Failure • has the meaning given in clause 7.6; Acceptance Testing Period • means the acceptance
PRACTICE NOTES
Indemnities are an important tool for managing risk in commercial contracts. They are often fiercely negotiated and are frequently the subject of judicial scrutiny. They vary enormously in their language, scope and use but they should not be drafted, reviewed or negotiated without a clear understanding of the principles that have emerged from the case law around them. An indemnity clause should not be considered in isolation. It should be viewed as part of a suite of potential remedies, with a clear understanding of the distinctions between them and how they may interact. An indemnity clause should be reviewed in the context of the whole agreement together with external factors, such as the circumstances of the agreement and insurance, in order to fully appreciate and advise on the management of the risk to be protected. This Practice Note is primarily focused on indemnity clauses in general commercial contracts but it includes references and links to other forms of indemnity for further research. For an example indemnity clause with drafting notes for use in a business-to-business
NEWS
This week's edition of Tax weekly highlights includes: (1) News Analysis on the Court of Appeal’s decision on ‘discontinuous contracts of employment’ and the extension of assessment time limits due to taxpayer carelessness in Mainpay Ltd v HMRC, (2) HMRC issuing a Tax Treatment of Cryptoasset Exchange Traded Notes policy, (3) News Analysis on the Court of Appeal’s dismissal of a proposed floorspace based partial exemption VAT recovery method in Hippodrome Casino Ltd v HMRC, and (4) HMRC issuing an updated list of Pillar Two territories and taxes.
NEWS
This week's edition of Commercial weekly highlights includes: analysis of the Court of Appeal decision in InterDigital Inc v Optis Cellular Technology LLC which clarified the approach of UK courts to confidentiality in patent litigation, news that the Department for Business and Trade has issued detailed guidance for traders operating consumer savings schemes under Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), and news that the Competition and Markets Authority has published guidance on price transparency and customer consent for online charges to help businesses comply with DMCCA 2024.
NEWS
This week's edition of Local Government weekly highlights includes the latest developments on local government reorganisation, including Suffolk County Council issuing a pre-action letter challenging the government's local government reorganisation plans and the County Councils Network calling for greater transparency on reorganisation decisions. Expert analysis includes Glenbrook v Wigan MBC, in which the High Court found no procedural unfairness despite unpublished planning documents. It also includes further updates on Local government reorganisation, Planning, Children's social care, Education, Social housing, Governance, Adult social care, Licensing and Highways.
PRACTICE NOTES
This Practice Note considers when an employee is entitled to a statutory redundancy payment (sometimes referred to as a redundancy termination payment) on termination of employment. It looks at the eligibility requirements, those who are in excluded categories and the importance of the ‘relevant date’ of redundancy. It examines the meaning of dismissal and redundancy in the context of statutory redundancy pay, the mechanism for the employee to serve a counter-notice to shorten the redundancy notice period, and the employer’s right to serve a counter notice. It also considers the nature of, and how to calculate, a redundancy payment, including a week’s pay, how to claim a redundancy payment, the contracting-out provisions, and the ability to claim for consequential loss. Statutory entitlement A worker is entitled to a redundancy payment under section 135 of the Employment Rights Act 1996 (ERA 1996) when: • they are an employee (see: Is the worker an employee below) • they have been continuously employed for not less than two years at the ‘relevant date’ (see: The 'relevant date' and Period of continuous