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Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.
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Drafting a building contract/schedule of amendments鈥攃hecklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method鈥攃onstruction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters 鈥 Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor鈥檚 company number and name at Companies House. 鈥 Obtain consultants鈥 details Confirm the full details of the consultants engaged by the employer; some...
Debarment offences鈥攃hecklist STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023鈥擯A 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. When can an economic operator be excluded from tendering for public contracts? The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, contain a list of mandatory and discretionary exclusions which apply to economic operators. Specifically, in relation to...
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Determining jurisdiction in employment disputes (1 January 2021 onwards)鈥攆lowchart 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鈥攖he Civil Jurisdiction and Judgments Act 1982 in employment cases. For a Flowchart: 鈥 for determining jurisdiction in employment disputes prior to 31 December 2020, see: Determining jurisdiction in employment disputes (to IP completion day)鈥攆lowchart [Archived] 鈥 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鈥攆lowchart 鈥 for determining the territorial application or scope of statutory employment rights, see: Determining what UK statutory rights an employee has鈥攆lowchart For a Checklist that provides an overview of the questions to be asked when determining applicable...
Excluded property from 6 April 2017鈥攆lowcharts These flowcharts are designed to help determine if an asset is excluded property for the purposes of UK inheritance tax (IHT) on or after 6 April 2017. The flowcharts consider whether an asset is excluded property or not, depending on the situs of the property and the domicile of the beneficial owner or settlor as appropriate. However, the detailed provisions relating to excluded property should be referred to and practitioners should also consider whether a double tax treaty may apply to override the excluded property regime depending on the particular circumstances of a matter. See Practice Note: Double taxation relief鈥攕ummary. Conversely, unilateral relief from IHT may apply where a tax of a similar nature has already been levied in respect of the same asset by a foreign tax authority. For further information, see Practice Notes: Excluded property trusts鈥攌ey events affecting IHT status and Situs of assets for succession and IHT. Situs of property The situs of an asset is important for determining the...
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Social media and user-generated content This Practice Note examines some of the key risks associated with a brand鈥檚 usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP). It provides practical guidance on how parties engaged in such activities can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: 鈥 online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) 鈥 online blogs (eg Twitter (now X), Blogger.com) 鈥 online forums (eg Mumsnet, Reddit) 鈥 online shops and auctions (eg eBay, Amazon) 鈥 online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) 鈥 online reference texts (eg Wikipedia) 鈥 online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might...
Remedies for connected lender liability in consumer credit This Practice Note examines a purchaser鈥檚 causes of action and remedies where the credit in a supplier-purchaser agreement is financed by a third party. The Consumer Credit Act 1974 (CCA 1974) provides that in certain instances where there is a connection between the supplier of goods and services and the creditor, the borrower will be able to seek a remedy against the creditor under CCA 1974, s 75 where the supplier has made a misrepresentation or is in breach of contract. This Practice Note looks at the main requirements of section 75 and the circumstances in which it might be applied when purchasing goods or services with a credit card. Overview Under a contract for the sale or supply of goods or services as between a supplier and purchaser, the purchaser鈥檚 causes of action and remedies are well known. However, what is the position where the transaction is financed by a third-party creditor? In certain debtor-creditor-supplier (or DCS) relationships, a consumer...
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Distribution agreement鈥攏on-exclusive鈥攕hort 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 鈥 has the meaning given in Article 8(7) of VABEO; Affiliate 鈥 means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where 鈥渃ontrol鈥 means the beneficial ownership of...
EHS warranties鈥攁sset purchase agreement鈥攕eller鈥檚 version Definitions Environment 鈥 all or any of the following media: (a) air (including air within buildings or other structures and whether below or above ground) (b) land (including soil and sub-surface land); and (c) water (including surface water and groundwater) and any ecological systems or living organisms (including humans) supported by such media. EHS Laws 鈥 all applicable laws (whether civil, criminal or administrative), statutes, statutory instruments, directives, regulations, common law and decisions of any court relating to EHS Matters. EHS Matters 鈥 any matters relating to the Environment or health and safety. Environmental Permit 鈥 any permits, licences, authorisations or consents required at Completion by the Business in relation to the use of
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Do the English property and assets of a dissolved overseas company pass to the Crown as bona vacantia? When a company registered in England and Wales is dissolved, all property and rights vested in or held on trust for it (including leasehold property) will be deemed bona vacantia (meaning 鈥榦wnerless property鈥) at the date of dissolution and will vest in and belong to the Crown (or the Duchy of Lancaster or Duchy of Cornwall, as may be appropriate). The treatment of companies incorporated outside the UK (overseas companies) is dealt with in Part 34 of the Companies Act 2006 (CA 2006), which gives the Secretary of State power to make regulations to impose on overseas companies various registration, reporting and disclosure requirements. The two principal regulations dealing with overseas companies are: 鈥 the Overseas Companies Regulations 2009, SI 2009/1801 鈥 the Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009, SI 2009/1917, as amended by the Overseas Companies (Execution of Documents and Registration of...
If a person is committed for contempt of court and is sentenced to prison, will this appear on their criminal record? As was noted in Phonographic Performance Ltd v Ellis (t/a Bla Bla Bar), the power to imprison for contempt of court arises out of the inherent jurisdiction of the Court, but is subject to the provisions of the Contempt of Court Act 1981 (CCA 1981). By virtue of CCA 1981, s 14 a sentence of imprisonment may be imposed for contempt of court, but for no more than two years (see also Palmer v Tsai). This is limited to a period of one month for committal ordered by the inferior courts. Further, specific statutory powers may limit the period further. The CCA 1981 does not expressly make contempt of court a criminal offence. Whether the contempt is a criminal offence is a question of whether the form of contempt is a civil or criminal contempt. As was noted in Re: Yaxley-Lennon: 鈥業t is...
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Law360, London: Investigations into Libor and Euribor manipulation by traders and brokers led to the convictions in the UK of nine individuals for conspiracy to defraud.
Arbitration analysis: One shareholder (A. Ltd or 鈥楢鈥) sued another (B. JSC or 鈥楤鈥) for breach of a shareholders鈥 agreement before the Swiss Arbitration Centre. Soon thereafter, the shareholders鈥 joint-venture company (C. LLC or 鈥楥鈥) sued A in a Latvian court, asserting rights under the shareholders鈥 agreement, even though it was not a signatory thereto. Shareholder A subsequently requested the tribunal to join C as a party to the arbitration and order it to stop pursuing the Latvian state court proceeding. The arbitral tribunal declined jurisdiction over C and dismissed A鈥檚 requests. The Swiss Federal Court confirmed the award. The court considered itself bound by the arbitrators鈥 factual finding that the two shareholders did not intend non-signatory C to be a third-party beneficiary. The court therefore did not need to address the still unsettled question whether such a beneficiary could be compelled to arbitrate. The court also found that C (even though it had asserted rights under the shareholders鈥 agreement in a Latvian court) had not manifested an intent to...
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