We refer you to the following which you may find useful for your purposes: • Sponsorship—overview contains useful Practice Notes, Precedents, Cases, and News Analysis • IP Practice Note: Brand protection online—strategy and Brand protection online—checklist • Court Forms: ◦ Claim form for breach of contract: breach of express term in a title sponsorship agreement: Atkin’s Court Forms [62] ◦ Defence

‘Reasonable’ or ‘best’ endeavours The terms ‘reasonable’, ‘best’ and combinations thereof are terms frequently used to qualify the degree of ‘endeavours’ expected to be exerted by a party when fulfilling a contractual obligation. The precise language chosen may be the result of considerable negotiation, and often represents a compromise where one party has argued that it is not acceptable for it to be placed under an otherwise absolute obligation. None of these terms can be stated with precision, they are best demonstrated by an analysis of the underpinning case law. The Practice Note: Reasonable and best endeavours considers in more detail the distinctions between ‘reasonable’, ‘best’ and ‘all reasonable’ endeavours as well as other variations commonly used in

A creditors' voluntary liquidation (CVL) is a voluntary process initially instigated by a board of directors and is an alternative to the company being wound up by the court on a winding up petition presented by a creditor of the company. See: (CVL)—overview. Where a company goes into liquidation, its assets will be collected and distributed by way of dividends to the creditor, and if possible, the members. See Practice Note: The effect of a company voluntary winding-up. A secured creditor is a creditor who holds ‘security’ as defined in section 248 of the Insolvency Act 1986 (IA 1986), namely a

An individual who works term-time only, or on some other seasonal basis, may be employed: • continuously throughout the year, or • on fixed-term contracts, with no continuing contractual relationship between the end of one period of engagement and the beginning of another It is unclear whether the term-time worker referred to: • is employed continuously throughout the year, or on fixed term contracts, or • works normal working hours, or no normal working hours (or irregular hours) These considerations may affect how holiday entitlement is calculated. Other separate considerations include:: • the different approach to calculating holiday pay on or before 31 December 2023, and on or after 1 January 2024, when the amendments to the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 set out in the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (Employment Rights Amendment Regs 2023), SI 2023/1426 took effect • whether

The legislative power which allows local authorities to charge for their services is contained within section 1 of the Local Authorities (Goods and Services) Act 1970 (LA(GS)A 1970). What is the framework and charging criteria? For information on the framework and charging criteria around local authorities charging for their services, see Practice Note: Local authority powers to charge and trade. New powers regarding charging and trading were created in the Local Government Act 2003 (LGA 2003), ss 93-122; note however that these

Water and sewage companies have statutory powers under the Water Industry Act 1991 (WIA 1991) to enter land and lay and maintain infrastructure for certain purposes. Exactly which provision of WIA 1991 will apply will depend on the purpose for which the underground water storage chamber is required. If the chamber is required for securing that the water in any relevant waterworks is not polluted or contaminated, WIA 1991, s 161(2) gives the sewage company power to enter land and carry out on that land all works required

The responsibilities of the highway authority in relation to the creation and adoption of highways is set out in the Highways Act 1980 (HiA 1980). HiA 1980, Pt III sets out the provisions in relation to the creation of highways. HiA 1980, Pt IV covers the adoption of highways by the highway authority. Power of entry A person duly authorised in writing by a highway authority may at any reasonable time enter on any land for the purpose of surveying that or any other land in connection with the exercise by that authority, in their capacity as a highway authority, of any of their functions (see HiA 1980, s 289) (section 289 power). It should be noted that the section 289 power states that a person is not authorised to enter and survey or value land in connection with a proposal to

Since the Health and Social Care 2012 (HSCA 2012) entered into force, most NHS procurement is under the responsibility of the National Health Service Commissioning Board (NHS England) and regional Clinical Commissioning Groups (CCGs). However, in the areas within their responsibility, NHS Trusts retain a relatively wide vires to enter into public contracts. Power of NHS Trusts to enter into contracts The powers of NHS Trusts are contained in their constitutional documents and in the National Health Service Act 2006 (NHSA 2006). NHSA 2006, s 47 confers on NHS Trusts the power to 'do anything which appears to it to be necessary or expedient for the purpose of or in connection with its functions', including the power to 'enter into contracts'. There is no statutory financial ceiling on the value of a contract an NHS Trust might enter into. Public procurement In practice, this freedom to contract

The Companies Act 2006 (CA 2006) as applied to limited liability partnerships (LLPs) by the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, SI 2009/1804 (2009 Regulations) requires LLPs to keep the following statutory registers: • a register of members • a register of members' residential addresses • a register of people with significant control (PSC register) The register of members and the PSC register

Where notice of termination of employment is given, either by the employer or the employee, and the employee has been continuously employed for one month or more, then the employee has certain entitlements during that notice period. The liability of the employer to the employee is limited to the period of statutory notice to which: • the employee is entitled, if given by the employer • the employer is entitled, if given by the employee The rights do not, however, apply in respect of notice given by either the employer or the employee, where the employer

Implied terms in business to business contract: There are various implied terms that arise from the Sale of Goods Act 1979 (SGA 1979) in a business to business contract: • that the seller or transferor of goods has the right title (SGA 1979, s 12) • that the goods will correspond with their description (SGA 1979, s 13) • that the goods will be of satisfactory quality and fit for purpose (SGA 1979, s 14) • that where the goods were transferred by reference to a sample that they will correspond with the sample (SGA 1979, s 15) Breach of an implied condition gives a customer the right to reject goods that do not meet the statutory standards.

Arbitration analysis: The Commercial Court allowed a rare challenge under section 68(2)(d) of the Arbitration Act 1996 (AA 1996), holding that an ICC tribunal had failed to address two essential causation issues relevant to substantial parts of a damages claim. The judgment provides important guidance on the distinction between an ‘issue’ requiring determination and a mere argument or evidential point, and confirms that tribunals cannot be taken to have decided critical matters implicitly or in pectore. The decision reinforces the high threshold for s 68 challenges while emphasising the importance of clearly articulated lists of issues, reasoned awards, and careful issue management by both tribunals and practitioners. Produced in partnership with Adrian Lai and Fontane Wong of Des Voeux Chambers.