The principle that a party cannot benefit from its own breach or act of prevention. In a construction context, it is particularly relevant to delay in that an employer cannot recover liquidated damages if it has prevented the contractor from completing on time.

Agreements which prevent, restrict or distort competition, whether by object or effect are anti-competitive and prohibited under EU and UK competition law. Economic analysis provides evidence of anti-competitive effect, but this is unnecessary for certain types of agreements which are deemed to have an anti-competitive object—such as price-fixing and market sharing.

Viewings prior to the official release of the film.

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (providing guidance in respect of the procedure to be followed when removing telecoms equipment under paragraphs 20 and 21 of the previous Code), but the contents remain relevant for the purposes of the transitional provisions set out in the new Code. It is not maintained and is for background information purposes only. The new Code (under Schedule 3A, Part 1 to the Communications Act 2003 (CA 2003)) came into force on 28 December 2017. The transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, provide that while subsisting agreements under the previous Code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous Code) will continue to have effect as an agreement under the new Code, this is subject to modifications, including in relation to termination in respect of certain subsisting agreements. The transitional provisions

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and covers the differences between the general and special regimes in the previous Electronic Communications Code), but the contents remain relevant for the purposes of the transitional provisions set out in the new Code. It is not maintained and is for background information purposes only. The new Code (under Schedule 3A, Part 1 to the Communications Act 2003) came into force on 28 December 2017. The transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, provide that whilst subsisting agreements under the previous Code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous Code) will continue to have effect as an agreement under the new Code, this is subject to modifications, including in relation to termination in respect of certain subsisting agreements. The transitional provisions also preserve the rights

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and covers who has Code powers and who has Code protection when site sharing under the previous Electronic Communications Code), but the contents remain relevant for the purposes of the transitional provisions set out in the new Code. It is not maintained and is for background information purposes only. The new Code (under Schedule 3A, Part 1 to the Communications Act 2003) came into force on 28 December 2017. The transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, provide that whilst subsisting agreements under the previous Code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous Code) will continue to have effect as an agreement under the new Code, this is subject to modifications, including in relation to termination in respect of certain subsisting agreements. The transitional provisions also preserve

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 18 December 2020; it is no longer maintained. See further, timeline commentary and related cases. Case facts Outline CMA Chapter II investigation into Essential Pharma in relation to an alleged abuse of dominance concerning its intention to withdraw the supply of Priadel, a lithium-based medication for the treatment of bipolar disease. Latest developments On 18 December 2020, the CMA announced that it had formally accepted commitments from Essential Pharma and had closed the case. Under the commitments, Essential Pharma will: (i) ensure appropriate and continued supplies of Priadel to the UK on terms agreed from time to time with the Department of Health and Social Care, (ii) not serve a discontinuation notice to the Department of Health and Social Care relating to Priadel, and (iii) ensure that the potential divestment of, or grant of a licensing agreement in relation to, the supply of Priadel in the UK does not affect the application of the proposed commitments.

This Practice Note brings together the following frequently asked questions relating to price and payment in commercial business-to-business (B2B) contracts: • How can I manage the effects of rising costs when negotiating price and payment clauses in a commercial contract? • How can we increase the prices under our contract where there is no price variation clause? • What are the considerations for a supplier looking to claim interest for late payment? • As a supplier, should we include an invoice dispute provision in our payment clause? • What is the effect of a supplier undercharging a customer? • What is the effect of a customer overpaying an invoice? • What happens to payment obligations on termination of a contract? • What is a ‘most favoured nation’ clause and what are the considerations around including one? • Does the price in a contract include VAT? These questions may be resolved by reference to the wording of the contract (particularly the price and payment clauses), the surrounding commercial context and the parties’ conduct in practice.

1 Legal costs 1.1 There are [two OR three] main elements to the legal costs of [insert brief description of services, eg obtaining a grant of probate and distributing an estate]: 1.1.1 our charges; 1.1.2 expenses we must pay out on your behalf (sometimes called disbursements)[; OR .] 1.1.3 [costs that you may have to pay another party.] 1.2 Our charges 1.2.1 We charge a fixed price [of £[insert price excluding VAT] OR ranging between £[insert price excluding VAT] and £[insert price excluding VAT] depending on [insert description of the factors that will dictate where in the fixed price range your fees will fall, eg the value and complexity of your matter]]. 1.2.2 [If a matter or transaction does not reach a conclusion, we reserve the right to charge for the work done, using our normal charging basis of £[insert rate] per hour. This applies even where a fixed rate has been agreed for the whole matter.] 1.2.3 Our charges do not include VAT, which we will add to your bill at the prevailing rate. 1.3 Disbursements (expenses) [Even where our charges are fixed, we would usually expect to incur

1 Legal costs 1.1 There are [two OR three] main elements to the legal costs of [insert brief description of services, eg obtaining a grant of probate and distributing an estate]: 1.1.1 our charges; 1.1.2 expenses we must pay out of your behalf (sometimes called disbursements)[; OR .] 1.1.3 [costs that you may have to pay another party.] 1.2 Our charges 1.2.1 Our hourly rate[s] for [insert brief description of services] [is OR are] £[insert single hourly rate or list the rates for different fee earners]. 1.2.2 On average, this type of work takes [insert range of hours] hours to complete. This means that on average our charges will be £[insert cost range]. 1.2.3 The exact number of hours it will take depends on the circumstances of your case, such as: (a) [insert first factor, eg there is a valid will]; (b) [insert next factor]; (c) [insert next factor]; 1.2.4 If [insert description of low complexity matter, eg there is a valid will, no inheritance tax to pay and the estate does not include any shareholdings], our charges are likely to be at the lower end of this range. 1.2.5 [We reserve the right to increase the hourly

The Solicitors Regulation Authority (SRA) requires law firms to publish information on their website on the prices they charge and what these cover. This does not apply to all legal services, but only to: • five categories of services offered to members of the public—residential conveyancing, uncontested UK probate and estate administration, immigration applications and appeals (excluding asylum), minor motoring offences and employment tribunals (employee claims for unfair or wrongful dismissal) • three categories of services offered to business—debt recovery (up to £100,000), employment tribunals (defending claims for unfair or wrongful dismissal) and licensing applications for business premises The SRA Transparency Rules aim to ensure people have accurate and relevant information about a firm when considering buying legal services, including understanding what the costs may be. The SRA believes the rules will help members of the public and small businesses make informed choices, improving competition in the legal market. Being clear about the price and service will help avoid misunderstandings and cost-related complaints later in the matter. Complaints about costs are commonly seen by

A: Scope of price transparency regime You should determine whether you offer services that are caught by the price transparency regime. Note: • the price transparency requirements apply only in relation to services that you ‘publish’ as being available from your firm, ie to services that you overtly offer • whether or not you are caught by the price transparency regime, all firms must comply with the complaints and regulatory transparency requirements—see section: C: Complaints and regulatory transparency Services to individuals Requirement Compulsory or recommended? Comments (if any) ☐ Determine whether you offer residential conveyancing services to individuals, ie the conveyance of residential real property or real estate which comprise:—freehold or leasehold sales or purchases, or—mortgages or remortgagesSee Practice Note: Price and service transparency—law firms—Residential conveyancing. Compulsory You will need to establish whether you offer these services to ascertain whether the price transparency requirements apply.(SRA Transparency Rules, r 1.3) (Insert any comments you may wish to make regarding your firm’s arrangements) ☐ Determine whether you offer non-contentious probate and estate administration services