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NDAs after the Victims and Courts Act 2026: voiding clauses that restrict disclosures of criminal conduct or responses, interaction with the iniquity rule, and drafting steps for commercial agreements
Section 6 of the Victims and Prisoners Act 2024 supersedes VPA 2024, s 17, scrapping the prior constraint that protected disclosures had to be made to particular recipients for specified purposes. Any term in any agreement, including commercial non-disclosure agreements (NDAs), is void to the extent it seeks to stop a victim, or someone who reasonably believes they are a victim, from revealing relevant criminal conduct-or the counterparty’s reaction to it-to anyone, for any purpose. The new provision binds the Crown, subject only to a tightly drawn national security exception. This analysis examines how these reforms align with existing common law limits on confidentiality and their consequences for standard commercial NDA templates. It is written by Richard Hanstock, a barrister at Cornerstone Barristers and the founder of Deeptech Legal, an SRA-authorised firm specialising in cybersecurity, artificial intelligence, defence technology and national security...
NEWS
UK commercial law weekly update: ASA rulings, contract litigation, sale of goods damages, EHRC services code, data protection, competition and product safety-28 May 2026
In this issue: Advertising, marketing and sponsorship Contracts Sale and supply of goods Supply of services LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Horizon Scanner and Trackers Advertising, marketing and sponsorship ASA Rulings – 27 May 2026 Two complaints were reviewed by the Advertising Standards Authority (ASA) on whether gambling-related Instagram ads breached the Committees of Advertising Practice (CAP) Code by including individuals likely to be of strong appeal to under-18s. The ASA upheld the complaint against Oddschecker, but did not uphold the complaint against Betway. See: LNB News 27/05/2026 6. Contracts The Winros Partnership v Global Energy Horizons Corporation [2026] EWCA Civ 654 The Court of Appeal, Civil Division, dismissed both appeals brought by the Winros Partnership (formerly Rosenblatt Solicitors) against decisions of Marcus Smith J. The matters...
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Commission opens infringement procedures and issues formal notices over Member States’ failure to transpose EU directives on green consumer law, professional qualifications and workers’ protection
Following missed deadlines, the European Commission has moved against a number of EU Member States for not notifying full transposition of EU Directives into domestic law. It has issued letters of formal notice, allowing Member States two months to reply and finalise legal transposition, after which......
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CMA writes to trader recommendation platforms, outlining consumer law compliance concerns and actions required under the Digital Markets, Competition and Consumers Act 2024 (UK)
The Competition and Markets Authority (CMA) confirmed it has contacted multiple trader recommendation platforms (TRPs) following the recent identification of concerns about their conduct......
Boilerplate clauses—overview
This subtopic looks at boilerplate clauses in commercial business-to-business agreements. For broader guidance on commercial clauses more generally, see: Commercial clauses-overview. For details on boilerplate in business-to-consumer contracts, refer to the section on ‘Consumer boilerplate’ below. For boilerplate in public sector contracts, see the section on ‘Public sector boilerplate’ below.
The role of boilerplate
Solicitors work across an enormous spectrum of transactions, yet each will in some manner involve a written agreement. In practice, all agreements should contain boilerplate. Every such agreement ought to include certain boilerplate clauses as a matter of course. ‘Boilerplate’ describes those provisions inserted to govern the mechanics of the contract and the legal points commonly arising in most transactions and arrangements. For more on the purpose and significance of boilerplate clauses, see Practice Note: The role of boilerplate.
Boilerplate clauses are usually located at both the front and the back of an agreement. These provisions are often treated, mistakenly, as standard, miscellaneous terms, but that is a perilous assumption indeed. It is not uncommon for a boilerplate clause to be the source of litigation. As a boilerplate clause will address matters such as the interpretation, validity and enforcement of an...
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This Practice Note outlines the nature of waiver and release within commercial contracts, distinguishes between them, and summarises the clauses that address waiver (commonly called a ‘no-waiver’ clause) and release. The waiver clause is widely recognised as a boilerplate provision aimed at preventing unintended waivers of legal rights from taking effect, including the right to terminate after a breach of contract. What does ‘waiver’ mean? In contract law, ‘waiver’ may carry different senses, but most often describes a concession granted by one party whereby it does not demand strict performance by the other of a contractual duty, whether before or after any breach of the term being waived. For discussion of other potential meanings, see: Waiver: Halsbury’s Laws of England [251]. Types of waiver Express Implied from conduct In either case, it must amount to an unequivocal representation arising from a positive and intentional act by the party granting the concession, undertaken with knowledge of all material circumstances...
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This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
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