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Planning a digital marketing campaign鈥攃hecklist This Checklist is for use when planning a digital marketing campaign. The focus is on marketing-specific requirements and the Checklist does not consider general issues in relation to transactional activity (eg contract formation, distance selling). It covers media selection, territorial targeting, agency contracts, data protection, advertising compliance, user-generated content, influencer engagement, prize and price promotions, and behavioural advertising. It also considers compliance with legislative and self-regulatory regime in the UK, including the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, through their mobiles, tablets and video game consoles, virtually everywhere else. Alongside unrivalled potential audience numbers, it offers brands the opportunity to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are diverting more and more of their marketing spend from traditional media to...
Trade mark coexistence agreement鈥攃hecklist This Checklist identifies the key terms typically included in a trade mark coexistence agreement. It can be used as a checklist of issues to consider when drafting, reviewing or negotiating such agreements. It can also be adapted for use as a heads of terms to record basic agreed terms while a formal trade mark coexistence agreement is being negotiated. For guidance on how to do this, see Precedent: Heads of terms鈥攃ommercial contracts. For an example coexistence agreement, see Precedent: Trade mark coexistence agreement. For more information about the considerations to take into account when drafting a coexistence agreement, see Practice Note: Trade mark coexistence agreements. Checklist Points to consider Further information Notes (if any) (A) Key commercial considerations 鈽 Parties Confirm which entities will be party to the agreement鈥攊dentify which entities own the trade marks (and any associated rights) and which entities are using them. Confirm each party鈥檚 legal status and whether any third parties (such as group affiliates) will benefit from the proposed agreement....
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How to appoint a sales and marketing agent This Practice Note is a 鈥榟ow to鈥 guide on appointing a sales and marketing agent. It includes a summary of what agency is, an explanation of alternative routes to market, factors to consider before selecting a sales and marketing agent, and practical guidance on negotiating an agency agreement. It considers the appointment of a sales and marketing agent where the agent promotes the sale of the principal鈥檚 products and makes representations about the characteristic properties of the products, as well as acting as sales agent with the authority to conclude binding contracts on behalf of the principal. What is agency? Agency is a relationship under which a principal appoints an agent to act under their direction and on their behalf for specified purposes. In essence, the principal grants authority to the agent to perform certain acts or make certain decisions for which the principal is generally considered liable. Such authority may be express, implied, apparent or ostensible. For more information, see Practice...
E&W Brussels I (recast)鈥攖he harmful event for specific tort and delict claims (art 7(2)) [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the requirement for a harmful event to enable a court to have special jurisdiction under Article 7(2) of Regulation 1215/2012, Brussels I (recast). It then considers what is a harmful event when considering specific types of claims: economic loss, damaged or defective goods, personal injury claims, intellectual property claims, actions for inducing breach of contract as well as other types of claims. For guidance on the general principles that apply when dealing with tort and delict claims under the regulation, see Practice Note: E&W Brussels I (recast)鈥攖ort and delict claims (art 7(2)) [Archived]. For guidance when dealing with contract claims under the regulation, see Practice Note: E&W Brussels I (recast)鈥攃ontract claims (art 7(1)) [Archived]. Impact of UK鈥檚 departure from the EU Following exit day (ie 31 January 2020), the UK became a third state in respect...
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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...
UK GDPR and EU GDPR鈥攃ombined personal data processing schedule鈥攑ro-controller This precedent uses the additional defined terms 鈥楢greement鈥, 鈥楤usiness Day鈥, 鈥楥ustomer鈥, 鈥楽ervices鈥, 鈥楽upplier鈥 and 鈥楽upplier Personnel鈥, which are not specific to data processing and which it is assumed are separately defined in the relevant agreement. The Schedule Part A: Operative provisions 1 Definitions 1.1 In this Schedule: Applicable EEA Law 鈥 means all applicable law(s) of the European Economic Area and European Union and of the relevant member state(s) of either; Applicable UK Law 鈥 means all applicable law(s) of the United Kingdom (or of any part of the United Kingdom); Controller 鈥 has the meaning given in applicable Data Protection Laws from time to time; Data Protection Laws 鈥 means all applicable law relating to the processing, privacy and/or use of Personal Data, as applicable to either party or the Services, including: (a) the EU GDPR; (b) the UK GDPR and the UK DPA 2018; (c) any laws which implement or supplement any such laws;...
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When issuing a claim form (for a debt matter) where the defendant is a company based in Jersey, the court has advised we need to provide a completed Form N510 but they cannot advise which box to tick. How is Jersey classed? Jersey is part of the Channel Islands. The islands are a crown dependency. Form N510 can only be used where permission of the court is not required to serve a claim form out of the jurisdiction. it is therefore important to determine whether the court鈥檚 permission is required to serve the claim form in Jersey. Permission is not required if any of the provisions in CPR 6.33 apply. Where proceedings were issued prior to 31 December 2020 at 11 pm, permission will not be required if the provisions in CPR 6.33(2) apply. These cover proceedings in which: 鈥 the defendant is not a consumer, but is a party to a consumer contract within Article 17 of the Judgments Regulation 鈥 the defendant is an...
Can an overseas company sign an English law contract on behalf of its UK branch? The Companies Act 2006 defines an 鈥榦verseas company鈥 as any company incorporated outside the UK. An overseas company has to be registered at Companies House if it opens an 鈥榚stablishment鈥 in the UK. An establishment is: 鈥 a branch within the meaning of the Eleventh Company Law Directive, Directive 89/666/EEC, or 鈥 a place of business that is not such a branch For further information on the definition of 鈥榖ranch鈥, see Q&A:What is meant by an overseas company having an establishment or a branch within the UK? and Practice Note: Overseas companies with an establishment in the UK. The assumption is that a branch is not a separate legal entity from the overseas company, and instead forms part of the same corporate entity. Therefore, the overseas company will be party to the agreement. Local law advice will be required to ascertain whether the overseas company may execute a contract on behalf...
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Law360, London: Reforms introduced by the EU to update its design protection laws for the digital age are rolling out in two stages. The process began on 1 May 2025, with later measures taking effect on 1 July 2026.
Corporate Crime analysis: In this case, the Supreme Court considered the double criminality rule in section 137 of the Extradition Act 2003 (EA 2003) and its impact on whether a requested person鈥檚 alleged conduct constitutes an extradition offence. In doing so, the court considered and rejected obiter dicta of Lord Hope in Office of the King鈥檚 Prosecutor, Brussels v Cando Armas, [2005] UKHL 67. The court held that subsections 137(3) and 137(4) of EA 2003 are mutually exclusive; contrary to obiter dicta in Cando Armas, EA 2003, s 137 is only concerned with the physical location of alleged conduct rather than where the conduct鈥檚 consequences are felt; Mr El-Khouri鈥檚 conduct took place outside of the requesting state鈥檚 territory and therefore EA 2003, s 137(4) applied; and in hypothetical corresponding circumstances (as required by EA 2003, s 137(4)(b)), the test of double criminality was not satisfied because Mr El-Khouri鈥檚 actions did not meet the conditions of an extra-territorial insider dealing offence under sections 52(1) and 62(1) of the Criminal Justice Act...
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