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Flowchart This Flowchart explains the requirements that must be met for the court to determine that a transaction constitutes an extortionate credit transaction and to provide relief. It should be reviewed alongside Practice Note: Extortionate credit transactions—corporate and personal insolvency...
This Checklist sets out core topics for firms entering consumer credit, addressing essential management and compliance matters within the Financial Conduct Authority (FCA) framework. It organises themes such as authorisation, threshold conditions, the Senior Managers and Certification Regime (SM&CR), systems and controls, business planning, FCA Principles, the Consumer Duty and continuing regulatory duties, including adherence to the Consumer Credit sourcebook (CONC) and the Consumer Credit Act 1974 (CCA 1974). For fuller guidance, including how the application process works, see Practice Note: FCA authorisation of consumer credit firms. Scope and regulatory status Do the firm’s activities amount to regulated consumer credit activities under section 19 of the Financial Services and Markets Act 2000 (FSMA 2000), and the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544 (RAO)? See Practice Notes: The general prohibition and implications of its breach and Regulated activities relating to consumer credit Does the firm offer (or plan to offer) buy now pay later (BNPL)/deferred payment credit (DPC) style products?...
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...
The EU has adopted ambitious goals to curb its greenhouse gas emissions steadily up to and beyond 2030, ultimately seeking to fully attain net zero emissions by the year 2050...
This decision tree sets out a logical route for deciding whether you may undertake email marketing and, if so, who you can contact. It is just as applicable to text and SMS activity. Separate trees cover postal and live telephone direct marketing—see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—live telephone calls—data protection. Of all marketing channels, electronic marketing is the most demanding from a regulatory perspective. You must comply with the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communication Regulations 2003 (PECR 2003). PECR 2003 applies different rules to different electronic marketing methods, depending on your audience and the goods/services being promoted. You must also meet the relevant UK GDPR obligations. For more guidance, see the following Practice Notes: Direct marketing compliance—Electronic mail How to handle personal data for direct marketing Direct marketing—UK GDPR and PECR 2003 interplay What is electronic mail direct marketing? Direct marketing is the communication, by any means, of...
This Checklist supports the preparation of terms and conditions for the sale of goods. It highlights key points when producing standard B2B terms or a goods sale agreement. It covers legal, regulatory and practical aspects of selling and supplying goods and is written from a seller/supplier perspective. For general guidance on contracts for the sale of goods, see Practice Notes: Contracts for the sale and supply of goods—business to business and Implied terms in contracts for goods and services. For broader guidance on key provisions in commercial contracts, see Practice Note: Key terms and conditions in commercial contracts. General considerations Engage with departmental stakeholders to identify concerns and gather customer feedback that should be addressed in the terms. Map how goods will be provided and any back-end processes, eg delivery or returns, that need to be reflected in the terms. Check for pre-existing commitments, such as restrictive covenants or exclusive sale or purchasing arrangements, that could prevent a bespoke supply contract...
The Commission is considering changes to how products regulated under EU sectoral product safety laws are covered by the EU’s AI law As part of a broader effort to streamline digital rules, MLex has learned that the Commission is weighing revisions to the AI law’s treatment of goods already subject to EU sectoral product safety regimes. The potential adjustment, being worked into the Commission’s planned digital ‘omnibus’ package due on 19 November 2025, may reduce compliance obligations for areas such as medical devices and industrial machinery. The EU’s AI Act sets a rigorous due diligence framework for AI systems that present significant risks to people’s health and fundamental rights...
On 7 April 2026, Dyson secured an interim injunction against Chinese rival Dreame after the UPC tribunal held that the ‘Dazzle’ hair styler infringed Dyson’s patent, compelling a suspension of sales throughout all UPC Member States and Spain. The Hamburg Local Division explained that including Spain (despite it not being a UPC Member State) was warranted because Dreame’s EU-based importer was actively putting the goods on the Spanish market, thereby creating a sufficiently close jurisdictional connection to hear the claims together under EU jurisdictional rules. The panel, chaired by Sabine Klepsch, declined to stretch the order to the UK. Citing the UK–EU Windsor Framework, under which certain EU product safety requirements still apply in Northern Ireland and oblige non‑EU manufacturers to appoint an EU-based representative to place goods there, Dyson argued this regulatory nexus tied UK sales to the EU and could ground UPC jurisdiction. The judges disagreed, concluding those provisions are principally intended to smooth trade between Northern Ireland and the EU, not to create an adequate legal link...
KSY Juice Blends UK Ltd v Citrosuco GMBH [2024] EWHC 2098 (Comm) What are the practical implications of this case? The upshot of the ruling is that where a sale of goods contract stipulates that price is to be agreed, and it never is, the bargain cannot be enforced, since price is plainly a fundamental term of such an agreement. This is because the price of the goods is, quite clearly, an essential component of the contract itself. The judgment will interest both those who prepare sale of goods documentation and those involved in disputes where wording of this kind appears. One might assume that stating the price is to be agreed would, failing consensus, simply engage section 8 of the Sale of Goods Act 1979 (SGA 1979), so that the buyer must pay a reasonable sum. Yet, this decision in effect concludes that the statutory mechanism is displaced by a clause making future agreement the sole route to fixing price, which amounts to an agreement to agree...
This Practice Note offers practical direction on the recently unveiled trade arrangement between the United Kingdom (UK) and the European Union (EU). Introduction On 19 May 2025, at the inaugural UK–EU Summit, the EU and UK revealed a new trade deal. Termed the Strategic Partnership, the arrangement is intended to build upon the Withdrawal Agreement, the UK–EU Trade and Cooperation Agreement and the Windsor Framework. For materials, see: For guidance on trade in goods under the UK–EU Trade and Cooperation Agreement, see Practice Note: Trade in goods under the UK–EU Trade and Cooperation Agreement. For guidance on trade in services under the UK–EU Trade and Cooperation Agreement, see Practice Note: Trade in services under the UK–EU TCA—an overview. For guidance on the Windsor Framework, see Practice Note: Joint Decision for Windsor Package to commence. The new deal is not yet finalised. Rather, the EU and UK have settled on a path for their negotiations towards a trade agreement. The...
This Practice Note offers practical guidance on the stabilised text of the Joint Statement Initiative on Electronic Commerce. It examines the themes of enabling e-commerce, openness and e-commerce, trust and e-commerce, transparency, cooperation and development, and telecommunication. Introduction E-commerce has a longstanding presence within the World Trade Organization (WTO). For further background, see Practice Note: E-commerce and the WTO. At the 11th Ministerial Conference, a group of WTO Members agreed to begin exploratory work towards future WTO negotiations on trade-related aspects of e-commerce, set out in the Joint Statement on Electronic Commerce (the Joint Initiative). The Joint Initiative aimed for a high-standard outcome that builds on existing WTO agreement and frameworks, with the widest possible participation of Member States. On 26 July 2024, the co-conveners—Australia, Japan and Singapore—announced that, after five years of talks, participants had reached a stabilised text. The Joint Initiative is expected to benefit consumers and businesses engaged in digital trade, particularly Micro, Small and Medium Enterprises (MSMEs), and to support digital transformation among...
Introduction to the UK-EU Trade and Cooperation Agreement This Practice Note summarises the key features of the UK‑EU Trade and Cooperation Agreement (TCA) that affect trade in goods between the UK and the EU. It covers customs and export duties and other charges, and outlines the preferential rules of origin operating between the parties. It also considers import and export restrictions and licensing, customs valuation, trade remedies and tariff rate quotas. Further topics include sanitary and phytosanitary measures, technical barriers to trade, and measures on customs and trade facilitation. On 24 December 2020, UK and EU negotiators concluded an accord shaping their future relationship. The UK–EU Trade and Cooperation Agreement is a wide‑ranging instrument arising from the UK’s departure from the EU’s internal market (Brexit) and extends beyond trade in goods and services. It also covers a range of other Brexit‑related matters, including: investment competition state aid tax transparency air and road transport energy and sustainability fisheries data...
This Agreement is dated [ date ] Parties [ insert name of the pursuer ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Pursuer) [ and ] [ ; ] [ insert name of defender ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Defender). Each being a Party and, together, the Parties. Whereas (A) [ Insert details of the background to the dispute eg ‘The Parties entered into a contract for the supply of certain goods etc ]. (B) A dispute has emerged between the Parties regarding [ insert details of the dispute ] (the Dispute). (C) [ Proceedings were raised by the Pursuer against the Defender on [ date ] by way of [ Summons OR...
This Agreement is entered into on [ date ] Parties [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 1); and [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 2), each of Party 1 and Party 2 being a party and, together, the parties. BACKGROUND Party 1 supplies [ insert description of goods and/or services ]. Party 2 supplies [ insert description of goods and/or services ]. The parties intend to submit a Bid as a joint tender to the Customer in answer to the Invitation to Tender. The parties seek to state their obligations and manage their rights concerning the Bid and, if the...
1 Management commitment Person accountable for the Product Safety Incident Plan (PSIP) [ Insert name and contact details of senior person in the organisation responsible for leading, developing and periodically reviewing the policy, and reporting on its operation to the Board ] Plan Review Date [ Insert date of next plan review ] 1.1 [ Insert organisation name ] aims to ensure every product it [ produces AND/OR distributes ] is safe, of high quality and meets all applicable legislation and standards. [ Insert organisation name ] evaluates those products and acts to remove, or, where that is not achievable, to reduce, any identified safety risks. 1.2 [ Insert organisation name ] achieves this through quality assurance, ongoing product monitoring [ , review of customer complaints and product returns, ] and risk assessment, in accordance with the relevant section of the PSIP. 1.3 The PSIP has been shaped with contributions from across the business, including [ eg design, production, quality assurance, customer services,...
This Q&A This Q&A explores the steps administrators should take to contest a landlord’s attempt to forfeit a lease by peaceable re-entry, carried out unaware of an interim moratorium triggered by lodging a notice of intention to appoint administrators (NOI). An NOI is to be lodged by the directors or the company in advance of making an out of court appointment pursuant to Schedule B1, paragraph 22, of the Insolvency Act 1986 (IA 1986). This Q&A does not address a case where no NOI has been lodged. Where a company or its directors intend to appoint an administrator via the out of court route, they begin by filing an NOI, which imposes an interim moratorium under IA 1986, Sch B1, paras 44(2), 44(4). After the NOI is placed before the court, notice must also be served on the ‘prescribed persons’, including any party known to have levied distress against the company or its assets (Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 3.23(4); IA 1986, Sch B1, para...
Taking back possession of a garage When a landlord has rented out a dwelling, for example a house or flat, they cannot lawfully regain possession of the property while the tenant remains in residence except by initiating court proceedings. This requirement, in such circumstances, is expressly imposed by sections 2 and 3 of the Protection from Eviction Act 1977 (PEA 1977)...
If, after a landlord has retaken possession of the premises (whether by peaceable re-entry, under a court order, or because the lease has ended by effluxion of time or under a break notice, etc.), the previous tenant leaves goods behind, unless the lease expressly addresses situation, the landlord assumes the role of involuntary bailee of those items and may incur liability for conversion if they sell the goods and set them off against arrears, or liability in damages if they discard or dispose of the goods...