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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...

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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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NEWS
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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NEWS
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......

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Outsourcing agreements—overview

Outsourcing


Outsourcing is an arrangement where an organisation engages a service provider to carry out services that it currently delivers in-house or that are handled by an existing third party supplier. The provider delivers those services with its own personnel and, often, its own facilities.

This subtopic offers precedent outsourcing agreements, clauses, checklists and practical guidance on the key matters likely to arise during drafting and negotiation.

The outsourcing topic is split into four subtopics, each aligned to a phase of an outsourcing transaction:

  • Preliminary issues-points to consider at the outset, from initial planning through to bidder selection. See: Preliminary issues in outsourcing-overview
  • Outsourcing agreements-precedents and in-depth guidance on the key issues to address when drafting and negotiating an outsourcing agreement (see below)
  • Contract management in outsourcing-matters arising after signature, including governance, change and disputes. See: Contract management in outsourcing-overview
  • Outsourcing by type and sector-specific guidance on certain transactions, including public sector, financial services and international.

The Outsourcing transaction collection provides access to key content for each phase of an outsourcing transaction. A detailed summary of the main issues...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

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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...

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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

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