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Latest TMT News

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

The following Family news provides comprehensive and up to date legal information on Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

TMT weekly highlights—8 April 2021

TMT weekly highlights—8 April 2021

The following TMT news provides comprehensive and up to date legal information on TMT weekly highlights—8 April 2021

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

The following Commercial news provides comprehensive and up to date legal information on Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Featured TMT content

Joint, several, and joint and several liability

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

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

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

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...
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Produced in partnership with Craig Giles of Bird & Bird 12th Jan
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...
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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...
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9th Nov
tag iconIn-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...
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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...
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Produced in partnership with Tim Wright of Fladgate 12th Jan
tag iconIn-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),...
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Produced in partnership with 5RB 12th Jan
tag iconIn-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...
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Produced in partnership with Emily Taylor of Oxford Information Labs 12th Jan
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...
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Produced in partnership with Lucy McCormick of Henderson Chambers 12th Jan
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...
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Produced in partnership with Jessica Stretch 12th Jan
tag iconIn-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...
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9th Nov
tag iconBrexit
Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
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9th Nov
tag iconIn-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...
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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...
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Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB and Daniel Bishop 12th Jan
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...
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Produced in partnership with Emily Taylor of Oxford Information Labs 12th Jan
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...
Read More >
9th Nov
Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...
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9th Nov

Most recent Q&As content

Q&As

With employees largely working from home in 2020 and 2021 and outside of traditional office working hours, what does this blurring of home and work life mean for the ownership of ‘creative’ works? In these circumstances, how can tech and media companies protect their interests in their employment contracts?

With employees largely working from home in 2020 and 2021 and outside of traditional office working hours, what does this blurring of home and work...
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Produced in partnership with Dr Catherine Cotter of Slaughter and May 13th Apr
Q&As

Can a document executed and described as a deed be subsequently validly varied by solicitors’ exchange of emails?

The requirements for variation of a deedIt was formerly a rule of common law that contracts entered into by way of deed could only be varied by deed....
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12th Apr
Q&As

If a person who intended to sign a contract dies before signing the agreement, can their personal representative (PR) sign on their behalf or are there any other solutions to complete the contract? If a PR is able to sign, is there specific wording to include in the attestation clause?

Powers of the personal representative (PR)A personal representative (PR) has powers, under the Administration of Estates Act 1925, the Trusts of Land...
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12th Apr
Q&As

Is there a difference between a document which is ‘signed as a deed’ and one which is ‘executed as a deed’? Does this differ if being signed or executed by an individual or attorney?

Signed or executed as a deedThe wording of section 1(2) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) confirms that an...
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12th Apr
Q&As

What is the effect of a corporate signature, particularly by a solicitor's firm, eg where a letter is signed as ‘Firm A’ as opposed to being signed personally by a partner of that firm?

This Q&A assumes that:•the question relates to the use of a signature in the context of commercial negotiations•the question does not relate to...
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12th Apr
Q&As

Can a photo of a wet ink signature be used to create an original signed document?

Executing documents properly when one or more parties to a contract are not physically present is sometimes known as virtual signing or virtual...
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9th Apr
Q&As

Is a smart contract enforceable where it has been executed automatically?

What is a smart contract and how might it be used?Smart contracts are computerised transaction protocols that execute the terms of a contract...
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8th Apr
Q&As

What is the difference between bitcoin and blockchain?

What is bitcoin?Bitcoin is a digital token that lets you send money to any person in the world to pay for goods and services.It is a transparent,...
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8th Apr
Q&As

What is the impact of Brexit on international transfers of personal data?

This Q&A looks at the impact of Brexit on cross-border transfers of personal data involving the UK and EEA, under the General Data Protection...
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8th Apr
tag iconBrexit
Q&As

My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus (COVID-19). What should we do?

Where an electronic document review platform is, or can be, used to prepare a party’s disclosure, the closure of their instructing solicitor’s offices...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Apr
tag iconCOVID-19
Q&As

Is there a requirement under law that a deed has to be physically dated (ie printed out and dated with agreement by all parties who have signed remotely), or can the dating also be done electronically after parties have signed in counterpart?

We have assumed that: the query relates to the execution of a business-to-business commercial agreement subject to the laws of England and Wales.In...
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8th Apr
tag iconCOVID-19
Q&As

I have received a force majeure notice from my supplier, what do I do?

The first thing to do is to unearth the relevant contract. The notice will have been served pursuant a force majeure clause in that contract. The...
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Produced in partnership with XXIV Old Buildings 8th Apr
tag iconCOVID-19
Q&As

If I can’t meet the people I am contracting with to sign a contract, how do I execute a contract by virtual means?

Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
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8th Apr
tag iconCOVID-19
Q&As

Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force majeure event under English law?

While a force majeure certificate from China could not bind the English courts in their determination of whether such an event had occurred for the...
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Produced in partnership with Richard Colbey of Lamb Chambers 8th Apr
tag iconCOVID-19
Q&As

Where a document forms a schedule to an agreement, if the document in the schedule is signed rather than being printed as a separate agreement and then signed, is it a valid execution of that document?

This question envisages a written agreement, which contains, in a schedule, the form of a further agreement, which the parties may sign on some future...
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8th Apr
tag iconCOVID-19
Q&As

My company needs to enter into a document as a deed but everyone is working from home. Is it possible to execute a deed by virtual means?

Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
Read More >
8th Apr
tag iconCOVID-19
Q&As

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?

Is there a force majeure event?In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force...
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8th Apr
tag iconCOVID-19
Q&As

How do I activate a force majeure provision?

There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it must be expressly set out in the contract (ie...
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Produced in partnership with Richard Nicholas of Browne Jacobson 8th Apr
tag iconCOVID-19
Q&As

Can an individual based overseas execute an English law power of attorney as a deed using an electronic signature?

An instrument is validly executed as a deed by an individual only if it is signed by them in the presence of a witness who attests the signature. The...
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8th Apr
tag iconCOVID-19
Q&As

Can a signed scanned version of a contract or deed be relied upon as opposed to the signed original?

We have assumed that the question relates to the execution of a scanned version of a contract or deed.We would like to refer you to the following...
Read More >
8th Apr
tag iconCOVID-19

Popular documents

LEXISNEXIS

Non-UCITS retail schemes (NURS)

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on

LEXISNEXIS

Notaries and notarisation—notarisation

The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is

LEXISNEXIS

Money Laundering Regulations 2017—simplified due diligence

You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:

LEXISNEXIS

Burden and standard of proof in criminal proceedings

There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the