Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”

1 High Pavement

Access all documents on Commodities

Commodities meaning

What does Commodities mean?
In legal practice, commodities describes fungible raw materials and primary products—such as crude oil, natural gas and power, metals (ferrous and non‑ferrous) and agricultural products—standardised for physical and derivatives trading. The term is descriptive and used across multiple legal contexts, rather than having a single statutory definition. However, in financial regulation, commodity derivatives are defined and regulated under retained UK MiFID and UK EMIR, and in Ireland under EU MiFID II and EMIR, with related rules under UK MAR/EU MAR for market abuse in commodity and related derivatives markets. Key legal features include standard specifications of quality/grade, delivery terms (often via Incoterms), benchmark pricing (for example LME, ICE or Platts assessments), force majeure and allocation provisions, and documentary transfer of title (such as bills of lading and warehouse receipts). Physical commodity trades are typically governed by sale of goods legislation: the Sale of Goods Act 1979 (England & Wales, Scotland and Northern Ireland) and, in Ireland, the Sale of Goods Acts 1893–1980, addressing passing of property and risk, conformity with description and quality, and remedies. Commodity trading commonly involves spot, forward and futures contracts, exchange‑traded and OTC (often under ISDA), used for hedging and risk management. Usage is broadly consistent across the...
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Commodities

CHECKLISTS
Company pledges over goods and documents of title: checklist on suitability, creation, capacity and authority, documentation and perfection (England and Wales)

This checklist outlines the points to consider when a company plans to grant a pledge. It assumes a company incorporated in England or Wales is granting a pledge to a lender located in England or Wales. In this checklist: the company giving the pledge is the ‘pledgor’ the party in whose favour the pledge is given is the ‘pledgee’ the document setting out the pledge is the ‘security document’ Preliminary questions before taking security by way of a pledge Is a pledge the appropriate method of taking security? Is the asset of a type that can be pledged? Assets capable of being pledged include: goods (that is, tangible, moveable items such as precious metals or other commodities) documents of title to goods or intangible assets where title can pass by delivery of a document (for example, bills of lading and sea waybills, or bearer securities—the latter now rare in practice), so...

Read More Right Arrow
CHECKLISTS
UK MiFID II/MiFIR reforms: 2024–2026 timeline of regulatory and legislative developments by FCA, HM Treasury and Parliament (consolidated tape, SI regime, DTO, transaction reporting, commodities, client categorisation)

This timeline outlines key milestones concerning the UK measures that gave effect to recast Markets in Financial Instruments Directive 2014/65/EU (MiFID II) and Assimilated Regulation (EU) 600/2014 (UK MiFIR) (collectively, the UK’s MiFID II regime). For earlier events, see: Markets in Financial Instruments Directive (MiFID II) and Markets in Financial Instruments Regulation (MiFIR)—timeline (2007–2023) [Archived]. For principal updates relating to the EU’s MiFID II regime, see: EU Markets in Financial Instruments Directive (MiFID II) and Markets in Financial Instruments Regulation (MiFIR)—timeline. 2026 Date Source Document Description 28 January 2026 FCA Next steps for setting up a bond consolidated tape provider ETS: Knowledge Centre Timeline The Financial Conduct Authority (FCA) confirmed it has entered into a contract with Etrading Software (ETS) to provide the UK bond consolidated tape. The High Court removed a suspension on the contract award in December 2025, enabling the FCA to progress delivery of the tape while still actively contesting a legal challenge. The FCA states it will keep supporting ETS and market participants...

Read More Right Arrow

View the related News about Commodities

NEWS
High Court (England and Wales): SPA warranty notices valid without naming seller-awareness individuals or detailing material adverse impact (TP ICAP v NEX)

TP ICAP Ltd v NEX Group Ltd [2022] EWHC 2700 (Comm) The claims for breach of warranty stemmed from two probes: one by the US Commodities Futures Trading Commission concerning swaps trading linked to bond issuances and another by a Frankfurt public prosecutor targeting a named director of a group entity in relation to cum-ex trading during the relevant period. In essence, the alleged breaches concerned warranties addressing the following: that no group company, officer, or employee had been the subject of any non-routine investigation of any kind by a ‘Governmental Authority’ within the prior 18 months; and that no circumstances existed which could reasonably be expected to result in litigation against a group company where the amount in dispute exceeds £500,000. Those warranties were, in places, qualified by a seller-awareness threshold (here defined as the actual knowledge, after reasonable enquiries, of eight specified individuals) and were restated at completion of the SPA. The first of those warranties was repeated on completion...

Read More Right Arrow
NEWS
EU competition law daily update: Commission clears TPG/Aareon; simplified merger filings; French port infrastructure aid; €5bn German semiconductor aid; UK competition calendar

Mergers The Commission has approved TPG Inc’s acquisition of sole control over Aareon AG (M.11638) following a phase I review—see further, Midday Express. The Commission has also received notifications in: Hymlys II Holdings Limited/Xiamen C&D Commodities/JV (M.11658) (simplified merger procedure) Fertinagro/Ameropa/Ameropa Biotech (M.11516) (simplified merger procedure) CKI/CKA/Target Wind Farms and Assets (M.11709) (simplified merger procedure) Note—For all ongoing merger inquiries before the Commission, see further, EU mergers—ongoing cases tracker. State aid The Commission has endorsed, under EU state aid rules, the following: two French measures (€6.3m and €3m) to back the construction of a rail motorway terminal near the port of Calais and a multimodal platform at the port of Sète—see further, Midday Express a German measure (€5bn) supporting European Semiconductor Manufacturing Company in building and running a microchip plant in Dresden—see further, press release Upcoming dates For dates of upcoming UK competition developments, see further, UK Competition calendar...

Read More Right Arrow
NEWS
Singapore High Court refuses anti-suit and declaratory relief due to delay and comity; condemns ex parte non-disclosure; cannot compel participation in arbitration (STS Seatoshore v Wansa Commodities)

STS Seatoshore Group Pte Ltd…Claimant and Wansa Commodities Pte Ltd…Defendant [2024] SGHC 266 What are the practical implications of this case? This decision underscores the importance of international comity when there has been delay in asking for anti-suit protection, even where overseas litigation is brought contrary to an arbitration clause. The longer the foreign case has progressed, the weightier the comity concerns become, since an anti-suit injunction (if followed) would squander the judicial effort already invested by the foreign court. Judges are likewise more reluctant to issue anti-suit orders where tardiness has led to a foreign judgment being handed down, because such orders would indirectly impede the enforcement of that judgment in its own forum. Therefore, a party intending to seek anti-suit relief should act at once, as soon as proceedings abroad are started. It is no excuse that the party is simultaneously contesting jurisdiction before the foreign court: an applicant cannot try its luck twice by applying for anti-suit relief only after unfavourable rulings on its jurisdictional...

Read More Right Arrow

View the related Practice Notes about Commodities

PRACTICE NOTES
Using OTC derivatives to hedge risks in lending transactions: interest rate, currency and commodity swaps, counterparties and costs

The most common reasons for entering into derivatives are for the purposes of: Speculation — when a party seeks exposure to a given variable, for example taking a view on a commodity’s future price on the assumption it will rise or fall over a chosen period Hedging — aiming to offset exposure to the risk of an unfavourable shift in a variable, or to stabilise expected outcomes over time Arbitrage — seeking to take advantage of price discrepancies (between markets, or within the same market over time) to earn profit or cut costs, or where one participant can reach a price or market unavailable to another, including where prices differ over time Exposure to asset classes — obtaining access to a target market (eg commodities, shares, property) without incurring the expense, complexity and formalities associated with those markets, avoiding the same costs and complications Derivatives are commonly used alongside lending arrangements for hedging purposes in practice. In this context, the primary...

Read More Right Arrow
PRACTICE NOTES
Nanotechnology and nanomaterials regulation in the UK and EU: REACH nanoforms, 2022 definition, sectoral regimes, and post-Brexit divergence under the Windsor Framework

Nanotechnology—opportunities and risks Nanotechnology deals with the fabrication and application of matter at ultra-small scales. Nanomaterials are quantified in nanometres (nm) and can be many thousands of times thinner than a human hair; a single hair measures around 80,000 to 100,000 nm across. At these dimensions, substances display properties that diverge from those of the same material in bulk form, enabling novel uses while potentially introducing distinct hazards. Current adopters span key fields and wider industries: Biomedicine, electronics and energy Cosmetics, defence, automotive and agriculture Applications range from high-volume commodities, for example carbon black in car tyres, through to specialised, low-volume technologies. Cosmetics commonly incorporate nano titanium dioxide and zinc oxide to deliver functions such as UV filtering, while gold and silver nanoparticles feature in medical diagnostic tools. A 2023 report put the global nanotechnology market at US$69.15bn in 2022, projecting expansion to US$248.56bn by 2030. The European Commission regards micro/nano—electronics and photonics as a Key Enabling Technology that should be...

Read More Right Arrow
PRACTICE NOTES
Margin Squeeze under Article 102 TFEU: Evolution, As-efficient Competitor Test, and Case Law from Commodities to Telecoms

Margin squeeze Margin squeeze is a form of exclusionary behaviour aimed at rivals, intended to remove them or undermine their viability—either by driving them from the market or by deterring entry at the outset. Where a vertically integrated firm holds a dominant position in an upstream market for a vital input and also supplies that input to wholesale customers who compete at retail, it can have both the means and the incentive to exclude those competitors from the downstream market. The dominant firm compresses retail rivals’ margins by setting a high wholesale charge, a low retail price, or a mix of the two, thereby narrowing the gap between the cost of essential inputs and the price attainable in the retail market. Consequently, the spread between the dominant undertaking’s retail price for the product or service and the wholesale price it levies on its rivals is insufficient to allow an efficient retail rival to compete effectively. This weakening of effective competition downstream can, in turn, result in higher prices, diminished...

Read More Right Arrow