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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—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction 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 • 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’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...
Remote execution of documents resources—checklist Remote execution of documents has become increasingly popular. This Checklist of resources sets out some of the considerations for remote execution of documents when parties are not able to meet in person. Key commercial resources We have produced a collection that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents, including information relating to remote execution. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution collection. This Checklist considers remote execution from a general commercial perspective only and assumes that the agreements are subject to English law. For general information and guidance relating to execution, see: Execution—overview. For more specific guidance on execution requirements in other Practice Areas please check that Practice Area’s content. The Law Society has also brought together a variety of established guidance on execution of documents by virtual means, execution of documents using electronic signatures, its ‘Tips on how to operate in...
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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...
Excluded property from 6 April 2017—flowcharts 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—summary. 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—key 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’s 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: • online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) • online blogs (eg Twitter (now X), Blogger.com) • online forums (eg Mumsnet, Reddit) • online shops and auctions (eg eBay, Amazon) • online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) • online reference texts (eg Wikipedia) • 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’s 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’s 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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Transfer of part of a registered lease Precedent transfer This precedent gives suggested wording for Form TP1 in the rare circumstances of a leasehold assignment of part. Assignments of part are unpopular with landlords because the consequent fragmentation of the tenant covenants inevitably makes it harder and costlier for the landlord to collect rent, enforce the covenants and otherwise manage the property. See Practice Note: Assignment of part of the demised premises. Form TP1 must be used where the assignment is of part of a registered lease, or of part of an unregistered lease that has more than seven years left to run. An adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link: Apportionments On an assignment of part, the tenant and assignee should agree to apportion: • the rent payable under the lease; • any other amounts payable under the lease (insurance, service charge etc); and • the responsibility for any other covenants that are non-attributable to the various parts...
EHS warranties—asset purchase agreement—seller’s version Definitions Environment • 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 • 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 • any matters relating to the Environment or health and safety. Environmental Permit • any permits, licences, authorisations or consents required at Completion by the Business in relation to the use of
Dive into our 126 Precedents related to Common law
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 ‘ownerless property’) 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: • the Overseas Companies Regulations 2009, SI 2009/1801 • 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...
Does section 75 of the Consumer Credit Act 1974 apply to Hire Purchase Agreements? In certain debtor-creditor-supplier (or DCS) relationships, a consumer who has a claim against a supplier may have a 'like claim' as against the creditor under section 75 of the Consumer Credit Act 1974 (CCA 1974). In order for a claim to be successful under CCA 1974, s 75 six conditions must be satisfied (see Commentary: Prerequisites of Liability under the Consumer Credit Act 1974, ss 75 and 75A: Goode: Consumer Credit Law and Practice [33.144]). With respect to one of the conditions, see Commentary: Agreement is debtor-creditor-supplier agreement within s 12(b) or (c): Goode: Consumer Credit Law and Practice [33.147] which states: ‘[...] the section has no application to, say, a hire-purchase agreement between the debtor and a finance house, for though the goods may have been physically supplied by the dealer who introduced the credit transaction, the legal supplier is the finance house, and the
See the 34 Q&As about Common law
Dispute Resolution analysis: Mr Justice Henshaw, sitting in the Commercial Court, confirmed that the court cannot compel an applicant to provide additional fortification of its undertaking in damages (also known as a cross-undertaking) after a freezing injunction has been discharged. It must be sought while the injunction is still in force. Undertakings and fortification are standard features of freezing injunctions and are the ‘price’ a claimant chooses to pay in return for the grant of an injunction. Imposing additional fortification retrospectively would deprive the applicant of the opportunity of considering whether to assume that burden as the price of obtaining the freezing injunction. An alternative attempt to invoke CPR 3.1(5) to obtain fortification post-discharge of an injunction will also fail. The judge held that CPR 3.1(5) cannot override common law rules on undertakings in damages and is limited to procedural defaults relating to the CPR, Practice Directions, or pre-action protocols. Written by Alexandra Prato, associate at RPC and Kylie Tang, trainee solicitor at RPC.
Commercial analysis: Tariffs have come into the international spotlight in 2025, with the US imposing unprecedented tariffs on imports and other countries, including Canada, China and the EU, imposing retaliatory tariffs on the US in response. These measures have impacted global markets and introduced economic and geopolitical uncertainty. In this article, Peter McCormack and James Lindop, both partners at Eversheds Sutherland, look at the purpose of tariffs, their impact on commercial contracts and supply chains and, from an English law perspective, the measures that businesses may take to deal with this impact.
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