Common Commercial Policy meaning

In this issue: Commercial Competition Corporate Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers Commercial Commission consults on evaluation of market surveillance regulation The European Commission has launched a consultation to assess and, if needed, update the Market Surveillance Regulation (EU) 2019/1020. It aims to strengthen the operation of the single market by boosting compliance with EU product harmonisation rules, with any amendments scheduled for Commission adoption in Q3 2026. The consultation closes on 4 February 2026. See: LNB News 12/11/2025 22. Commission consults on New Legislative Framework revision The Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (DG GROW H4) has opened a consultation to underpin the revamp of the New Legislative Framework (NLF) governing product law, seeking to capture stakeholder views on...

Realm Construction Ltd v ISG Construction Ltd [2024] SAC (Civ) 12 What are the practical implications of this case? Construction agreements often allow a payer to make deductions or set-offs from interim sums payable to the recipient, for amounts the recipient owes the payer (such as liquidated damages). The scope of the payer’s entitlement to deduct or set off is governed by the contract’s wording, and these withholdings frequently trigger disputes. Consequently, arguments about deductions recur frequently in relation to interim payments. This judgment offers useful guidance on a court’s approach to interpreting a clause that permits deduction or set-off. Key takeaways include: this decision is an unusual instance of the court adopting a reading it viewed as better aligned with commercial common sense and the legal context of the bargain (namely, the policy objectives of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996)), rather than the literal meaning of the words...

Alphier Capital LLP v Blyvoor Gold Capital (Pty) Ltd [2024] EWHC 2649 (Ch) What are the practical implications of this case? The High Court’s ruling delivers key takeaways for companies and commercial advisers dealing with transfers of contractual entitlements and duties, especially where no-assignment provisions appear. Drafting: The decision underscores the need for meticulous wording in assignment provisions and the precedence given to a contract’s exact language. Practitioners should, where appropriate, make a clear distinction between assigning ‘rights’ and the ‘fruits’ of those rights, and ensure terms are precisely defined. Statutory definitions—such as ‘Group’—are likely to be read strictly by the courts. Thompsell J’s application of clause 17.6, barring assignments absent the debtor’s written approval, shows the courts will not sidestep clear terms unless statute or compelling policy expressly allows. Structuring assignments: When arranging assignments, it is vital to comply expressly with statutory and common law rules for legal and equitable assignments. If those routes fail, a trust may nonetheless arise...

The Mauritian legal system Mauritius operates a mixed legal order, blending French civil law heritage with British common law traditions. It exhibits a dual structure: procedures in both criminal and civil proceedings are largely English in origin, while much of the substantive framework derives from the French Napoleonic Code. The jurisdiction therefore embodies both civil law and common law traits, reshaped to suit domestic requirements and yielding a distinctive body of Mauritian law. This duality appears in the separate regimes applicable to domestic and international arbitration. Rules for domestic arbitration are set out in the Civil Procedure Code 1808 (Code de Procédure Civile) (CPC), drawn from a French version, whereas international arbitration falls under the International Arbitration Act 2008 (IAA 2008), modelled on the UNCITRAL Model Law on International Commercial Arbitration (the Model Law). For further detail on arbitration in Mauritius, see Practice Notes: Arbitration in Mauritius and International arbitration in Mauritius. Notably, the International Arbitration Act 2008 (the IAA 2008) omits the enactment of articles 35 and 36...

Introduction This Practice Note is part of our LLB Contract Law suite, aimed at students. In contract law, a vitiating factor is something that damages the legal validity of the consent needed for a binding agreement. One such factor is misrepresentation, where one party makes a false statement to another. This Practice Note outlines misrepresentation in English contract law, showing how inaccurate pre-contract statements undermine real consent and render contracts voidable rather than void. It sets out the elements of an actionable claim (a false statement of fact or law, inducement and attribution), separates fraudulent, negligent and innocent misrepresentation, and reviews the key cases alongside the Misrepresentation Act 1967. Particular emphasis is placed on remedies, especially rescission and damages, and on the equitable bars to rescission (affirmation, lapse of time, impossibility of restitution, third-party rights and judicial discretion). Throughout, it brings together judicial reasoning, policy considerations and exam-focused guidance, illustrating how modern case law balances fairness to the misled party with certainty in commercial transactions. Overview Definition and...

What is retention? Holding back a retention from interim payments is a common feature of commercial construction contracts, particularly those using standard forms. Retention describes the portion of each interim payment an employer withholds as security for the contractor’s future performance and as an incentive to ensure every obligation is fulfilled. A set percentage is deducted from each payment; this amount is referred to as the ‘retention’ (or ‘retentions’). This approach is often mirrored down the supply chain—for example, a main contractor may retain sums from a sub-contractor. The arrangement facilitates part-payment as the works advance, while postponing the balance until all contractual duties are completed. In addition to promoting completion of the works, the retained funds can be used to pay for correcting defects where the contractor is in default under the contract. How much retention is retained? Retention levels can be as high as around 10%. On larger projects, the figure is more commonly between 3–5% (although some public sector clients adopt a policy of...

This presentation serves as a training tool you can use to brief your staff on fraud risk management and awareness, and is aimed at commercial organisations, including law firms. Optional, dedicated modules address common risk areas that affect law firms, such as property and mortgage fraud and client account fraud. You should confirm whether any sector-specific best practice guidance applies to your organisation, and incorporate that guidance within your policy and procedures and this presentation. The training materials are flexible and can be customised as required...