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Checklist Use this Checklist when assessing online advertising terms and conditions, where a publisher (the owner of a website, app or other digital platform) sells advertising space on its platforms to advertisers (brands or advertising/media buying agencies acting for those brands) on a direct basis (Programmatic Direct). Where appropriate, this Checklist may operate as the starting point for straightforward, non-binding heads of terms. For direction on preparing these, see Precedent: Heads of terms—commercial contracts. For a specimen set of a publisher’s standard terms, see Precedent: Online advertising terms and conditions. As you work through the Checklist, the third column can be used to note observations or comments. Employ it to record notes while progressing through each item. Further information Notes (if any) Parties ☐ Verify each party’s legal status and whether the advertiser will contract in its own capacity or via an advertising agency. In some situations an advertiser will enter into the agreement itself; in others, it may appoint an...
ARCHIVED: This Practice Note is archived and no longer updated. It is supplied for background reference only. The Checklist aims to equip arbitration practitioners with a catalogue of strategic, procedural and practical considerations that could be pertinent to—and should be weighed before, during and/or after—arbitral proceedings in the context of the coronavirus (COVID-19) pandemic and the responses of national governments and international arbitral organisations, including arbitral institutions. The Checklist is not comprehensive in scope and not every point will be applicable in each arbitration. It likewise omits any assessment of the substantive disputes that may lead to proceedings in the first instance (for example, claims over failed contractual performance said to result from the pandemic and its consequences). Although prepared with commercial arbitrations in view, many elements will equally apply to other arbitral forms, including investor–state. The Checklist also envisages arbitrations with oral hearings; matters conducted on a ‘documents only’ basis should be largely unaffected, except insofar as the pandemic has created personal difficulties for participants...
This Checklist sets out a structured route to follow when preparing to issue a summary judgment application. It is guided by the detailed material in the following Practice Notes and is intended to supplement, rather than substitute, that guidance: Summary judgment applications—what, who and when Summary judgment—general principles Summary judgment—making an application Determining whether summary judgment is the appropriate application to make Is summary judgment available in this type of proceedings? In some proceedings, summary judgment is restricted or not permitted—see Practice Note: Summary judgment applications—what, who and when. On what basis do you say the proposed respondent’s case lacks a real prospect of success? Keep this question foremost—if you cannot state the point with clarity, it may indicate summary judgment is not the proper course. See Practice Note: Summary judgment—general principles...
On 19 November 2025, the Commission unveiled its Digital Omnibus proposal. It comprises two principal strands: one delivering ‘quick fixes’ to pain points in Regulation (EU) 2024/1689, the EU AI Act, and another, more intricate, amending the data acquis, most notably Regulation (EU) 2016/679, the EU General Data Protection Regulation (EU GDPR), Directive 2022/58/EC, the ePrivacy Directive, and Regulation (EU) 2023/2854, the EU Data Act. The headline items are delays to the high-risk AI rules under the EU AI Act, and a fresh EU GDPR lawful basis of legitimate interest for processing personal data when developing or operating AI systems (with safeguards). There is much to absorb—just as we get to grips with the new regime, changes are proposed, some bound to be disputed while others will be seen as eminently sensible. Here we outline the key points. EU GDPR The EU’s flagship legislation, the EU GDPR, is poised for its first substantial overhaul, with several significant amendments on the table...
Singh (as trustee in bankruptcy of Mrs Angela Garcha) v Garcha and others [2024] EWHC 1844 (Ch) What are the practical implications of this case? The obligation on a judge to provide reasons for their conclusions flows from three core considerations: ensuring that the appellate system can operate effectively (English v Emery Reimbold & Strick Ltd (Practice Note) [2002] EWCA Civ 605; [2002] 1 WLR 2409, para [19]) recognising that the parties are entitled to be told how their substantive rights have been decided (Weymont v Place [2015] EWCA Civ 289, para [6]) upholding fairness by addressing any evidence that appears particularly persuasive, where such material exists (Simetra Global Assets Ltd v Ikon Finance Ltd [2019] EWCA Civ 1413, para [46]) That said, a judge is not required to engage with every point raised. It is enough if the reasoning demonstrates to the parties—and, if necessary, to the Court of Appeal—the essential basis on which the decision was reached (Eagil...
Original News Anderson v HMRC [2016] UKFTT 0565 (TC) What was the case about? In his tax return, Mr Anderson sought £3m of relief under sections 64 and 72 ITA 2007, claiming losses from trading activities labelled ‘football development’. He had put funds into the Bafana soccer academy in South Africa, created to cultivate emerging football talent and generate income through the profitable transfer of successful players. HMRC issued a discovery assessment, asserting the losses did not stem from a trade conducted on a commercial basis with a view to profit, and that the predominant purpose of the activity was to secure a tax advantage. Why did the appellant dispute the validity of the discovery assessment? The appellant’s central challenge was that there had been no ‘discovery’. At the point the assessment was raised, HMRC, he said, lacked reasonable grounds to believe Mr Anderson had been under-assessed, as it did not possess adequate information to support such a conclusion at the relevant time. In particular, the...
What is the PCSPS? Until 30 September 2002, the Principal Civil Service Pension Scheme (PCSPS) was the only pension option for the civil service. From 1 October 2002, four distinct sections were introduced within the PCSPS: Classic (the 1972 Section), Classic Plus (a blend of Classic and Premium), Premium (the 2002 Section) and Nuvos (the 2007 Section). The first three operate on a final salary basis, whereas Nuvos is a career-average section. For further details on how these sections were established, see below. Subsequently, on 1 April 2015, a new arrangement, the Civil Service Pension scheme (CSP) alpha, was created to provide benefits on a career average basis. When alpha was brought in, the government acted to close the PCSPS to future accrual, subject to: the retention of a final salary link in the PCSPS for active members, meaning benefits earned in the PCSPS are calculated using final salary at the point of leaving the civil service rather than when active PCSPS membership ended... ...
ESPS (ESPS) is a trust-based arrangement created by an Electricity Council resolution on 20 January 1983 as an industry-wide pension for employees of the nationalised electricity sector. It remained a single scheme at privatisation on 31 March 1990, after which it was divided into separate sections or ‘Groups’. The rules are not publicly accessible. For further information on statutory protections for ESPS members following privatisation, see Practice Note: —Protected Persons. Each principal electricity company participating in the ESPS forms its own Group; there are currently 23 Groups. Some Groups have a single participating employer, while others have several. Each Group is actuarially independent, with its assets and liabilities assessed on a standalone basis... Although a common scheme-wide benefit structure applied at the point of privatisation, since then each Group has been able to offer different benefits to its members. The ESPS rules comprise a central set of clauses and provisions governing matters that apply across the scheme, with Group-specific rules appended as Schedules. This Practice Note outlines the...
ARCHIVED: This Practice Note is archived and no longer maintained. It outlines the legal consequences for Scotland arising from the UK’s departure from the EU. Notably, these implications stem from the United Kingdom’s devolution arrangements, which allocate legislative and executive authority to the Scottish Parliament and the Scottish Government under the Scotland Act 1998 (SA 1998), subsequently and progressively expanded—principally to increase legislative and taxation powers—by the Scotland Act 2012 (SA 2012) and the Scotland Act 2016 (SA 2016) (collectively, the Scotland Acts). For additional guidance on Brexit, see: Scotland collection. Scotland's constitutional arrangements The starting point remains that Scotland’s status within what is now the United Kingdom of Great Britain and Northern Ireland finds its constitutional basis in the Act of Union between Scotland and England. Although devolution has re-ordered aspects of internal governance, the UK’s character as a single and continuing sovereign State is unaffected by the enactment of the Scotland Acts and endures unchanged. The Scotland Acts confer a wide range of legislative competences upon...
Request to start work during cancellation period To: [ insert your name, geographical address, telephone number, fax number and email address ]: I/we [] authorise [ insert firm’s name ] to begin work on: [ describe service ] within the 14–day cancellation period. I/we [] acknowledge and agree that, should I/we [] cancel within this 14–day period, I am/we are [] obliged to pay for the work completed on a pro‑rata basis. The charge will reflect the proportion of services actually delivered up to the point I/we [] notified you of the decision to cancel, relative to the overall scope of the contract. I/we [] also understand and accept that the right to cancel will be lost, and full payment will be due, once the contract has been fully performed (i.e. you finish the work), even if completion occurs during the cancellation period. Name of client(s): Address of client(s): [ Signature of client(s): ] Date: [] Delete...
We are now at a point in your matter where, in our view, it is in your best interests to purchase [ insert type of insurance ]. We recommend arranging this cover through [ state name of insurance provider to whom you have introduced the client for insurance or who has given you delegated authority to issue a policy ]. We have already spoken about this and you have confirmed that we will [ state what you will do to arrange the insurance, eg complete and submit a proposal form on your behalf or issue the policy under delegated authority ]. You have also authorised us to share the relevant personal data and information with [ state name of insurance provider ] for this purpose... Fees, charges and commission Insurance premium The [ insert type of insurance ] insurance policy is priced at £[ insert amount or where it is not possible to give a specific amount, the basis for the calculation of the premium ]. This...
1 General Date [ Insert date ] Full name and position of the individual completing this form [ Insert name ] [ Insert job title ] Client/matter reference [ Insert number ] Responsible fee earner [ Insert name ] Client’s name [ Insert name ] Summary of the matter [ Insert description ] 2 Reason client/matter is high-risk Is the client or the matter high-risk? ☐ Client ☐ Matter ☐ Both Basis for high-risk classification: As outlined in the client or matter risk assessment form. [ Insert ] 3 Monitoring 3.1 File audit/review Most recent file review/audit date [ [ Insert date ] OR None ] Were any significant issues identified at the last review/audit? ☐ Yes— provide details ☐ No 3.2 The client Are the client’s contact particulars current? ☐ Yes ☐ No— add an action point at section 5 Any substantive amendments to the client’s profile, e.g. alteration...
The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (FTE Regulations 2002), SI 2002/2034 The FTE Regulations 2002 state that, unless an employer can objectively justify continuing to use fixed-term contracts, a fixed-term worker who has been employed on an uninterrupted basis—under one fixed-term contract or a succession of fixed-term contracts—for four years or more and is subsequently re-engaged on another fixed-term contract without any break in continuity will have that further contract treated as permanent. For information on fixed-term employees generally, see Practice Note: Fixed-term employees. In specified circumstances, the FTE Regulations 2002 include a mechanism, derived from the Fixed-term Work Framework Directive, for turning fixed-term contracts into permanent contracts (FTE Regs 2002, SI 2002/2034, reg 8)...
It is assumed for the purposes of this Q&A that the refusal of consent concerns an alienation application (ie a proposal to assign/underlet/charge/part with possession). If, however, the matter instead relates to alterations, the position will need to be reconsidered, as distinct case law and statutory provisions govern that topic. As a useful starting point for that subject, see: Alterations and improvements for property disputes lawyers—overview. Unreasonable withholding of consent As set out in Practice Note: Landlord's consent to assign or underlet, the High Court in Ansa Logistics v Towerbeg confirmed that consent to assign/underlet cannot normally be withheld merely because a landlord is able to point to a breach of covenant. The key question is whether the particular breach is of such a character or seriousness as to warrant the refusal of consent...
Section 28 of the Matrimonial Causes Act 1973 (MCA 1973) Pursuant to section 28 of the Matrimonial Causes Act 1973 (MCA 1973), a periodical payments order terminates automatically if the recipient remarries. If, for any reason, this does not occur, an application can be brought to recover the sums paid. See Practice Note: Impact of remarriage, subsequent civil partnership, or cohabitation...