The underlying contract Initial considerations will need to be made around the type of contract under which the goods are being imported. Is it a generic contract for the sale and supply of goods, or are the goods being imported under an agency or

In answering this Q&A we have limited our research to cover business-to-business contracts for generic goods and services which are not subject to specific industry or sector regulation. In conducting our research we have focussed on the issues relating to unfair terms, limitation of liability and termination only. The provision of goods and services There are key statutes to bear in mind when drafting, negotiating or litigating in relation to a contract for the supply of services, they include: • the Supply of Goods and Services Act 1982 (SGSA 1982) • the Consumer Rights Act 2015 • the Provision of Services Regulations 2009, SI 2009/2999 • the Equality Act 2010 (see Practice Note: Equality Act 2010—discrimination in the provision of goods, services and facilities) • the Bribery Act 2010 (see Practice Note: The Bribery Act 2010—an introductory guide) • the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 • the Modern Slavery Act 2015 Parties should always assess

In most cases, once an employer has decided that he no longer wants to retain a particular employee, he will want to dismiss him as soon as possible. Before taking that step, however, the employer should first consider: • what needs to be done in order to minimise the risk of contractual and/or statutory claims, and • what is consistent with good employment practice In summary, the employer should consider: • the reason for dismissal, and the risk of an unfair dismissal claim if a fair process is not followed • the provisions of the employment contract, including the right to notice and whether there is a payment in lieu of notice (PILON) clause • the protections the employee may enjoy against discrimination or other prohibited conduct under the Equality Act 2010 (EqA 2010), relating to any protected characteristic • other relevant statutory entitlements, such as the minimum period of notice and the right to a written statement of reasons for dismissal • whether any regulatory requirements apply, eg Prudential

When personal representatives (PRs) make overpayments, they have several options to address the situation. Generally, a personal representative who has made an overpayment by mistake may not call for repayment directly from the legatee. However, they can reimburse themselves out of funds in which the legatee has an interest that remains in their hands. See Commentary: Persons who may exercise the right and call for a refund: Halsbury's Laws of England [244]. If the overpayment was made under a court order or if debts unknown at the time of payment are later discovered, the personal representative may require the legatee to refund the overpaid amount. If the overpayment was due to a mistake of law or fact, the personal representative can bring a common law action for money had and received against the overpaid beneficiary. See Commentary: Overpayment of beneficiary: Halsbury's Laws of England

Section 38 of the Local Government (Wales) Act 1994 provides that each new principal council must establish and then maintain a fund, to be known as their council fund. All sums received must be paid into the council fund and all payments made out of it (save in respect of trust funds). Accounts of sums paid into and out of the council fund must be kept, which may be classed as general and special accounts. The Accounts and Audit (Wales) Regulations 2014, SI 2014/3362, provides further obligations on principal councils to put in place internal controls. Broadly local authorities have an obligation to promote economic, social

A street lighting authority may affix to any building such attachments as may be required for the purposes of street lighting. However, it may not affix attachments to a building without the consent of the owner of the building, although where in the authority's opinion consent is unreasonably withheld, it may apply to the appropriate authority, which may either allow the attachments subject to such conditions, if any, as to rent or

Charging v Trade The provisions giving local authorities the power to charge and trade are set out in the Local Government Act 2003 (LGA 2003). Broad distinctions are drawn between charging (ie cost recovery only) and trading (which allows the authority to make a profit): • charging—only relates to services and is limited to the recovery of costs of providing the service, but all authorities can use the power • trading—the power to trade is for all services, works and supplies functions, it can be at a profit and is only exercisable through a company. Only councils rated one, two, three or four stars under the Comprehensive Performance Assessment are able to engage their power to trade Powers under LGA 2003 do not apply where a specific power to trade or charge already exists (eg for entertainments, recreational facilities, civic restaurants, social services, registrars,

Two directives laying down principles and guidelines of good manufacturing practice (GMP) for medicinal products were adopted by the Commission. Directive 2003/94/EC applies to medicinal products for human use and Directive 91/412/EEC for veterinary use. Commentary on good manufacturing practice in accordance with UK and EU pharmaceutical regulation can be found at commentary: Good manufacturing practice: Halsbury's Laws of England. In particular, you may find the manufacturing of products section helpful which states that ‘The Good Manufacturing Practice Directive (Commission Directive (EC) 2003/94) lays down the principles and guidelines of good manufacturing practice in respect of medicinal products for human use and investigational medicinal products for human use. The principles and guidelines of good manufacturing practice for veterinary medicinal products are set out in a further directive’ (Commission Directive (EC) 1991/412 (OJ

Tobacco advertising on television The Government banned cigarette advertising on television in 1965 pursuant to powers vested in it by the Television Act 1964 (though commercials for loose tobacco and cigars continued until 1991). At the EU level this was reinforced by the Television without Frontiers Directive and the superseding Audiovisual Media Services Directive. The Tobacco Advertising and Promotion Act 2002 banned advertising and promotion (including sponsorship) of tobacco products in a wide range of print and electronic communications. However, television and radio were specifically excluded as they were subject to regulation under the Broadcasting Acts 1990 and 1996. The Broadcasting Acts 1990 and 1996 provided for the creation of the Independent

ARCHIVED: This Practice Note has been archived and is not maintained. It sets out a brief description of the key legislation applicable to trading with consumers, and consumer contracts entered into, prior to 1 October 2015, after which the Consumer Rights Act 2015 amended or replaced much of the legislation dealt with in this Practice Note. For legislation applicable after 1 October 2015, see Practice Note: Key consumer legislation—summary. The following table sets out a brief description of the key legislation that businesses needed to comply with when dealing with consumers prior to 1 October 2015, how this legislation was amended over the years and key action points arising from that legislation. Core legislation Legislation Description/key terms Action required Unfair Contract Terms Act 1977 (UCTA 1977) UCTA 1977 sets out types of liabilities, which businesses are not able to exclude as against a consumer, and imposes an obligation of reasonableness on other terms which exclude or limit liability or remedies of consumers. Review

Effect of sections 108 and 109 of the Anti-terrorism, Crime and Security Act 2001 Sections 108 and 109 of the Anti-terrorism, Crime and Security Act 2001 (ACSA 2001) were passed to expressly give extra territorial effect to the common law corruption offence and offences under the Prevention of Corruption Acts. ACSA 2001, s 108: • provided that for the purposes of any common law offence of bribery, it was ‘immaterial if the functions of the person who receives or is offered a reward have no connection with the UK and are carried out in a country of territory outside the UK.’ • amended the section 1 offence under the Prevention of Corruption Act 1906 (PCA 1906) to enable the offence to be committed even where the principle’s affairs or business (or the agent’s functions) did not have any connection to the UK or were conducted outside of the UK • amended the definition of public body under section 7 of the Public Bodies Corrupt Practices Act 1889 (PBCPA 1889)

A service charge is a sum of money due to a landlord from a tenant for services, repairs, maintenance and other such items. Liability to pay a service charge is contractual and therefore arises under the lease. The lease may contain formalities for the calculation and payment of service charges. These formalities are supplemented by legislation. The first recourse when considering a claim for service charges is therefore a consideration of the lease. It is also essential to ensure that the various statutory requirements as to the method of demand and the need to provide prescribed information are complied with. As a result of their contractual nature, a landlord is able to sue a tenant for unpaid service charges by