Preliminary issues

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Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

Malicious falsehood

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...

Practice notes

The commercialisation of sport

Sport has become a big business. It is now widely recognised not only as a pastime or recreation but as an industry in its own right. However, as a...

Produced in partnership with Craig Giles of Bird & Bird 9th Nov

Practice notes

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...

9th Nov

Precedents

Modern slavery: contract clauses

1DefinitionsModern Slavery Policy•means the Customer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the...

9th Nov

In-house

Practice notes

Information society services and e-commerce

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 9th Nov

In-house

Practice notes

Defamation—defences

DefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act 2013 (DA 2013),...

Produced in partnership with 5RB 9th Nov

In-house

Practice notes

Uniform Domain Name Dispute Resolution Policy (UDRP) process

This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...

Produced in partnership with Emily Taylor of Oxford Information Labs 9th Nov

Practice notes

Autonomous vehicles—key legal issues

This Practice Note considers the following issues in relation to the development and use of autonomous and connected vehicles (also referred to as...

Produced in partnership with Lucy McCormick of Henderson Chambers 9th Nov

Practice notes

Sub-licensing intellectual property rights

An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...

Produced in partnership with Jessica Stretch 9th Nov

In-house

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...

9th Nov

Brexit

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

GNU General Public License (GPL) 2.0—commentary

Although its popularity has declined in recent years in favour of permissive licences such as MIT, a significant amount of software remains licensed...

9th Nov

Practice notes

Applications for interim injunctions for breaches of privacy

This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies.Coronavirus...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB and Daniel Bishop 9th Nov

Practice notes

Preparing a UDRP complaint—before you start

This Practice Note covers the considerations to be taken into account before drafting a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint...

Produced in partnership with Emily Taylor of Oxford Information Labs 9th Nov

Practice notes

Private right of redress for consumers

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Most recent Preliminary issues content

Precedents

Project Initiation Document (PID)—template

Project Name: [insert]Project Details: [insert]Project Manager: [insert]Start Date: [insert]Completion Date: [insert]1Document and Stakeholder...

Produced in partnership with Paul O’Hare, Partner and Chris Hill, Associate of Kemp Little 29th Nov

Precedents

Invitation to tender—template

1Introduction1.1Invitation to tenderThis is an invitation to tender to provide the Services in accordance with [insert organisation’s name]’s...

29th Nov

Precedents

Letter of intent—outsourcing services

Strictly private and confidentialTo: [Insert legal name of customer organisation] (a company registered in [insert], with company registration number...

29th Nov

In-house

Precedents

Outsourcing due diligence record

Description of proposed outsourcing services[State nature of services customer proposes to outsource, eg typing of digital dictation]Proposed...

29th Nov

Practice notes

Outsourcing life cycle

This Practice Note introduces outsourcing deals and covers the following aspects of the life cycle of the typical outsourcing transaction, primarily...

Produced in partnership with Bristows LLP 29th Nov

Practice notes

Due diligence in outsourcing

Due diligence is the name given to the process by which the factual and legal background to a transaction is collated and assessed. Whereas in M&A...

Produced in partnership with Bristows LLP 29th Nov

Q&As

Can a company own the outputs (intellectual property) from pre-contract discussions?

In the UK, intellectual property (IP) rights arise either:•when registered with a government authority, for example UK trade mark registrations are...

29th Nov

Q&As

Do you have guidance on charge variation mechanisms in outsourcing agreements?

Outsourcing agreements usually run for long periods of time and, as a result, it is common for the parties to agree mechanisms through which the...

29th Nov

Q&As

In a situation where a customer of a potential outsourcing shares information with a tenderer in an invitation to tender (ITT) so the tender can consider TUPE liabilities or obligations in relation to the salary of the role, average length of service and staff location for the role, is the information likely to be personal data as defined under the General Data Protection Regulation (GDPR)? If so, what provisions should be included in the ITT to protect the customer in view of its obligations under the GDPR?

In summary, there is an initial query arising from the above scenario as to whether the information being shared is personal data under the General...

Produced in partnership with Jack Roberts of Shoosmiths 29th Nov