Applicable law Definition

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GLOSSARY

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What does Applicable law mean?

governing law is the law stipulated in a contract to determine a dispute. Where there is no valid governing law clause, the law to be applied, the applicable law, will be determined in accordance with the relevant regulation, convention, legislation or common law rules.

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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist This Checklist provides an overview of the questions to be asked when determining: • which system of law is applicable to a contract of employment or employment relationship (applicable law) • whose courts and/or tribunals should decide an employment case (jurisdiction), and • how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...

Commercial contract review and execution (business personnel)—checklist

Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...

Discover our 5 Checklists on Applicable law

Determining jurisdiction in employment disputes (1 January 2021 onwards)—flowchart

Determining jurisdiction in employment disputes (1 January 2021 onwards)—flowchart This Flowchart provides an overview of the questions to be asked when determining international jurisdiction in employment cases, ie where proceedings can be brought, or which courts and/or tribunals should decide the case, where the proceedings were instituted from 1 January 2021 onwards. For further information on jurisdiction in employment cases from 1 January 2021 onwards, see Practice Note: International jurisdiction—the Civil Jurisdiction and Judgments Act 1982 in employment cases. For a Flowchart: • for determining jurisdiction in employment disputes prior to 31 December 2020, see: Determining jurisdiction in employment disputes (to IP completion day)—flowchart [Archived] • for determining the applicable law, ie which system of law is applicable to a contract of employment or employment relationship, see: Determining applicable law in employment disputes—flowchart • for determining the territorial application or scope of statutory employment rights, see: Determining what UK statutory rights an employee has—flowchart For a Checklist that provides an overview of the questions to be asked when determining applicable...

Determining jurisdiction in employment disputes (to IP completion day)—flowchart [Archived]

Determining jurisdiction in employment disputes (to IP completion day)—flowchart [Archived] ARCHIVED: This archived Flowchart provides an overview of the questions to be asked when determining international jurisdiction in employment cases, ie where proceedings can be brought, or which courts and/or tribunals should decide the case, where the proceedings were instituted on or before IP completion day (11pm on 31 December 2020). For further guidance on the impact of IP completion day, see Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals pre-1 January 2021 [Archived]—Brexit impact. For information on determining jurisdiction generally, see Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals pre-1 January 2021 [Archived]. For a Flowchart: • for determining the applicable law, ie which system of law is applicable to a contract of employment or employment relationship, see: Determining applicable law in employment disputes—flowchart • for determining the territorial application or scope of statutory employment rights, see: Determining what UK statutory rights an employee has—flowchart For a Checklist that provides an overview of...

Discover our 2 Flowcharts on Applicable law

Preparing for the auditors—in-house lawyers

Preparing for the auditors—in-house lawyers One of the key dates in your organisation’s calendar is the date of the annual audit. An important part of the auditors’ role is to ensure that your organisation’s processes are fit for purpose. Central to that is your organisation’s approach to legal matters and legal risk. As an in-house lawyer, you need to prepare for the auditors’ visit because inevitably they will want to meet with you. While each audit firm has its own standard set of questions for in-house lawyers, the questions tend to follow certain themes, eg: • your risk register • litigation • applicable law and regulation • contracts • intellectual property (IP) • legal work process • your knowledge and experience Since joining your organisation, you have hopefully had the opportunity to meet with the key directors and heads of function. Those meetings will have given you the opportunity to find out more about many of the issues the auditors will be interested in. See Practice...

Private Client Legal Research resources

Private Client Legal Research resources The following key Private Client resources are available in Lexis+® UK and linked to throughout Private Client content, providing useful practical commentary, legislation, rules and guidance for Private Client lawyers working in private practice or in-house. Please note the titles listed can only be accessed with the relevant Lexis+® UK subscription(s). Wills, probate and trusts Title Summary Who should use this resource? Williams on Wills The leading commentary on all aspects of the law of Wills. Lawyers or other professionals involved in the drafting or interpretation of Wills. Tristram and Coote's Probate Practice The leading commentary on probate, providing up-to-date, expert guidance on all aspects of probate procedure and including precedents recommended by Probate Registrars. Lawyers or other professionals involved in probate or estate administration work, including contentious probate. Butterworths Wills Probate and Administration Service A comprehensive service containing clear, step-by-step guidance on all areas of the law and practice of probate and estate administration, from...

Discover our 66 Practice Notes on Applicable law

Distribution agreement—non-exclusive—short form

Distribution agreement—non-exclusive—short form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales • has the meaning given in Article 8(7) of VABEO; Affiliate • means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where “control” means the beneficial ownership of...

Irrevocable undertaking—shareholder—scheme of arrangement

Irrevocable undertaking—shareholder—scheme of arrangement The Directors [insert offeror's name] ([Offeror]) [insert address] [and] [The Directors] [[insert name of financial adviser] (the Adviser) [insert address]] [insert date] Dear Directors Proposed acquisition of [name of offeree] ([Offeree]) We understand that [Offeror] proposes to acquire (the Acquisition) [all] the issued [and to be issued] [ordinary] shares of [insert nominal value] each in [Offeree] (the Shares) for the consideration, and otherwise substantially on the terms and subject to the conditions, set out in the draft press announcement attached to this letter (the Announcement), subject to such amendments or additions to such terms and conditions as may be required by the City Code on Takeovers and Mergers (the Code), the Panel on Takeovers and Mergers (the Panel), the High Court of Justice in England and Wales (the Court) or any applicable law or regulation. We also understand that the Acquisition is expected to be implemented by way of a scheme of arrangement under...

Dive into our 96 Precedents related to Applicable law

If an employee is working in Great Britain at the date of dismissal, having worked for the same employer abroad for a number of years, what rights does the employee have? And how is the employee’s continuity of employment calculated?

If an employee is working in Great Britain at the date of dismissal, having worked for the same employer abroad for a number of years, what rights does the employee have? And how is the employee’s continuity of employment calculated? The two elements of this question are considered in turn below. Right to bring claims Where a dispute or claim arises in respect of an employee who works wholly or partly abroad and/or has a foreign employer, two questions will need to be determined: • what are the employee’s rights? • where should any litigation that may ultimately arise be adjudicated? In determining these questions, three main issues arise: • applicable law, ie which system of law is applicable to the contract of employment under consideration? • international jurisdiction, ie whose courts and/or tribunals should decide the case? • the territorial scope of relevant applicable or mandatory law, ie how the courts and employment tribunals decide what statutory rights (if any) the employee has, both in terms of:...

How do we determine which court or tribunal has jurisdiction to hear proceedings relating to an employment case?

How do we determine which court or tribunal has jurisdiction to hear proceedings relating to an employment case? For more detailed information on applicable law, ie the system of law that applies to the contract of employment under consideration, see Practice Note: Applicable law—which system of law applies to the contract or employment relationship. For more detailed information on international jurisdiction, ie whose courts and tribunals should decide the case: • for proceedings instituted before 1 January 2021, see Practice Note: International jurisdiction—allocating employment cases between national courts and tribunals pre-1 January 2021 [Archived] • for proceedings instituted on or after 1 January 2021, see Practice Note: International jurisdiction—the Civil Jurisdiction and Judgments Act 1982 in employment cases In relation to proceedings instituted on or after 1 January 2021, the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 (EU Exit Regulations 2019), SI 2019/479 introduced sections 15A–15E of the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). These sections provide specific jurisdictional rules relating to...

See the 4 Q&As about Applicable law

Restructuring and Insolvency weekly highlights—1 May 2025

This week's edition of Restructuring and Insolvency weekly highlights includes: the appointment of R3’s new president, Tom Russell, an analysis of the restructuring plan (RP) involving HMRC sanctioned for OutsideClinic Ltd, updated guidance for insolvency practitioners (IPs) dealing with regulated firms from the Financial Conduct Authority (FCA), plus a round-up of other news and cases for restructuring and insolvency professionals.

A £3m gift, a diamond and a castle; the story of a successful section 423 claim (Thomas v Jones)

Restructuring & Insolvency analysis: In this case, trustees in bankruptcy successfully obtained judgment under section 423 of the Insolvency Act 1986 (IA 1986) against a bankrupt’s former business partner and his son. The court held that John Jones had gifted £3m to his son, Adam Jones, (the gift) with the purpose of keeping the money out of the hands of Mr Hamilton, to whom John Jones owes over £2m following previous litigation in April 2019. The gift was accepted by all parties to be a transaction at undervalue and the main focus of the trial was on John Jones’ purpose in giving the gift. The defendants relied on a deed of gift and John Jones’ financial capacity to satisfy any judgment as evidence negating any IA 1986, s 423 purpose. The judgment also sets out the applicable law on IA 1986, s 423 cases, as distilled in Ethos Solutions Ltd; Purkiss v Kennedy and others, Lord Justice Newey at para [18]. Written by Stefan Ramel, barrister, at Guildhall Chambers, assisted...

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