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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...
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......
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......
Consultancy services—overview
Many organisations appoint consultants, usually for limited periods, to access specialist know-how (for example, design or integration services) or to deliver a single, self-contained project (such as an audit). These services are ordinarily supplied under a consultancy services contract.
- Through a consultancy company that deploys individual consultants; or
- By contracting directly with an individual consultant.
As with other service agreements, the scope and deliverables must be set out with precision. Consultants act as independent contractors rather than as the customer’s employees; however, exercise caution on long-running assignments and where work is carried out exclusively or mainly for one client, to ensure the engagement remains a genuine consultancy. If a consultant is found to be an employee, employment and tax consequences will follow.
This subtopic gathers materials on consultancy services and the principal considerations for these arrangements.
Status of employment contracts, consultancy contracts and other contracts to do work or perform services
We consider three common ways in which individuals can render their...
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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 ...
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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