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A contract is a legally binding promise (oral or in writing) by one person to fulfil an obligation to another person in return for consideration. A binding contract comprises four elements: offer, acceptance, consideration and intention to create legal relations.
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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...
UK Corporate Governance Code: comparison between 2014 and 2016 editions—checklist [Archived] ARCHIVED: This archived Checklist is a summary of how the 2016 version of the UK Corporate Governance Code differed from the 2014 version of the UK Corporate Governance Code. it is not maintained and is for background information only. Checklist—2014 UKCG Code and 2016 UKCG Code compared In April 2016, the Financial Reporting Council published a new version of the UK Corporate Governance Code (the 2016 UKCG Code) to reflect changes brought in by Regulation (EU) 537/2014 (EU Audit Regulation), Directive 2014/56/EU (Statutory Audit Amending Directive) and the Statutory Audit Services for Large Companies Market Investigation (Mandatory Use of Competitive Tender Processes and Audit Committee Responsibilities) Order 2014 (Statutory Audit Services Order). The 2016 UKCG Code applied to companies with accounting periods beginning on or after 17 June 2016. This table shows how the 2016 UKCG Code differed from the version published in 2014 (the 2014 UKCG Code); differences are highlighted using italics (new text) and square brackets...
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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...
Determining applicable law in employment disputes—flowchart This Flowchart provides an overview of the questions to be asked when determining the applicable law in employment cases, ie which system of law is applicable to a contract of employment or employment relationship. This is an area of law where Brexit does not have any significant practical impact. This is because Article 66 of the Withdrawal Agreement provided that the existing scheme in Rome I and Rome II will continue to apply even after IP completion day (11 pm on 31 December 2020). This has been given effect in domestic law by the Law Applicable to Contractual Obligations and Non Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019/479, in force on IP completion day. For further guidance on the impact of IP completion day, see Practice Note: Applicable law—which system of law applies to the contract or employment relationship—Brexit impact. For information on determining the applicable law generally, see Practice Note: Applicable law—which system of law applies to the contract or...
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This Practice Note considers the specific situations where a contract is required by law to be in writing: assignments, contracts for the sale of land, equitable mortgages, assents, transfers of shares, transfers of intellectual property rights, and guarantees.When a written contract is beneficial or a necessityContracts can be formed in one of three ways:•orally•by conduct, or•‘under hand’ (in writing)For more information on contract formation, see: Formation and interpretation—overview.Simple contracts are created in any of the above manners in ‘simple form’, whereas deeds must be executed in ‘solemn form’. See Practice Notes: Deeds and Executing documents—deeds and simple contracts.There are certain situations when a written contract is required by law or is necessary to satisfy registration requirements. Contracts are required by statute to be made or evidenced in writing for:•assignments•contracts for the sale or other dispositions of an interest in land (as opposed to the actual conveyance, which must be by deed)•dispositions of an equitable interest or trust•assents•transfers of shares•transfers of intellectual property rights•guarantees‘Writing’ is defined in schedule 1 to the...
This Practice Note describes the structure and form of a business to business commercial contract or agreement. It outlines the form which commercial agreements generally take and explains what information should be included in the contract document, including in the parties, background (or recitals), main body, schedules and attestation sections.Form of commercial contractsHow a contract is formedA contract is a legally binding agreement that grants rights and creates duties between two or more parties. Contract law principles provide that for a contract to exist, four key elements must be present:•offer (see Practice Note: Forming enforceable contracts—offer)•acceptance (see Practice Note: Forming enforceable contracts—acceptance)•consideration (see Practice Note: Forming enforceable contracts—consideration), and•an intention to create legal relations (see Practice Note: Forming enforceable contracts—intention to create legal relations)Simple contracts v deedsSimple contracts may be created orally, by conduct or in writing.Certain types of simple contracts however must be created in writing. For details, see Practice Note: Contracts required to be in writing.Some agreements require greater formality and must be executed by deed. A deed...
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Off-premises (doorstep) terms and conditions for the supply of goods—business-to-consumer Please read the following important terms and conditions before you buy anything from us and check that they contain everything you want and nothing that you are not willing to agree to. Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following: • up to 30 days: if your goods are faulty, you can get a refund; • up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases; • up to six years: if the goods do not last a reasonable length of time, you may be entitled to...
Mail order terms and conditions for the supply of goods—business-to-consumer Please read the following important terms and conditions before you buy anything from our catalogue and check that they contain everything you want and nothing that you are not willing to agree to. Summary of some of your key rights: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following: • up to 30 days: if your goods are faulty, you can get a refund; • up to six months: if it can’t be repaired or replaced, then you’re entitled to a full refund in most cases; • up to six years: if the goods do not last a reasonable length of time, you may be entitled...
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What are the rules for the award of a framework agreement under the light touch regime in the Public Contracts Regulations 2015? Can a framework be awarded for a term longer than four years under the light touch regime? In answering this Q&A, we have assumed that the scenario relates to an above-threshold contract for social or other specific services listed in Schedule 3 to the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015) (PCR 2015, SI 2015/102, Sch 3). When determining whether a framework agreement meets the relevant financial threshold for application of the relevant rules under the PCR 2015, SI 2015/102, the value to be taken into consideration is the maximum estimated value (net of VAT), of all the contracts envisaged for the whole term of the framework agreement (see: PCR 2015, SI 2015/102, regs 5–6). For further reading, see Practice Note: The EU public procurement thresholds. Framework agreements By way of background, the PCR 2015, SI 2015/102 implement Directive 2014/24/EU, which provides that framework...
What is an OTF under UK MiFIR? What is an OTF? An organised trading facility (OTF) is a multilateral system which: • is not an regulated market (RM) or a multilateral trading facility (MTF) • involves multiple third parties (including retail investors or other investment firms) • facilitates buying and selling interests in bonds, structured finance products, emission allowances or derivatives, and • concludes contracts between buyers and sellers A multilateral system is defined in UK MiFIR as ‘any system or facility in which multiple third-party buying and selling trading interests in financial instruments are able to interact in the system’. PERG 13.3, Q24C in the Financial Conduct Authority (FCA) Handbook states that a multilateral system comprises each of the following main elements: • it has the characteristics of a trading system or facility • it comprises multiple third-party buying and selling trading interests • it allows trading interests to interact in the system, and • those trading interests are in financial instruments MAR 5AA.1.1 R in the FCA Handbook...
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This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Civil Procedure Rule Committee’s minutes of 7 March 2025 and the Court of Appeal decision in Skatteforvaltningen v MCML Ltd (Rev1) (issue estoppel); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
This week's edition of Public Law weekly highlights includes expert comment on the decision in Green v UK, which in the European Court of Human Rights (ECtHR) found in favour of the UK in an application brought by Sir Philip Green. Case updates include the decisions in Suresh v GMC, where the court struck out a negligence and Human Rights Act claim against GMC and R (CPH) v SSHD, where the court found that the Family Policy discretion guidance was unlawful. The highlights include further updates on Brexit SIs, Post-Brexit transistion guidance, constitutional and administrative law, equality and human rights, judicial review, public procurement, and subsidy control and state aid.
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