“It's hard to quantify, right now. But at a guess, I'd say it's probably more than 50% faster, at times. It's literally that quick. We've found to be an essential practical tool. We're very satisfied.”
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In this issue: Advertising, marketing and sponsorship Contracts Data protection Public procurement Sale and supply of goods Supply of services International Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings— 8 May 2024. The Advertising Standards Authority (ASA) considered a complaint about a website promoting a gambling offer that did not set out key entry conditions. The complainant queried whether the advertisement misled consumers. The ASA agreed and upheld the complaint. See: LNB News 08/05/2024 29. Contracts Supreme Court clarifies law on damages and assessment of goods (Sharp Corp Ltd (Respondent) v Viterra BV (previously known as Glencore Agriculture BV) (Appellant)). In Sharp Corp Ltd v Viterra BV (previously known as Glencore Agriculture BV) [2024] UKSC 14, the Supreme Court unanimously allowed the appeal and also allowed the cross-appeal, sending the Awards back to the Appeal Board for reconsideration. Lord...
In this issue: Advertising, marketing and sponsorship Brexit Contracts International Sale and supply of goods Supplier management Supply of services LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship The Competition and Markets Authority (CMA) has released a practical compliance guide (the Guidance) on environmental claims for fashion brands, drawing on the principles in its Green Claims Code (the Code). It has also encouraged 17 fashion brands to revisit their green claims in light of the Guidance. In their article, Nigel Parr, partner, Christopher Eberhardt, counsel, and Olivia Spong, associate, at Ashurst, set out the main insights from the Guidance and consider the potential consequences for businesses both inside and beyond the fashion industry, including effects on internal procedures and engagement across supply chains. See News Analysis: CMA publishes guidance on environmental claims in the fashion sector. ASA rulings—2...
In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Intellectual property International Sale and supply of goods Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—17 January 2024 The Driver Vehicle Standards Agency (DVSA) lodged a complaint with the Advertising Standards Authority (ASA) about statements on www.escooters4less.co.uk—an online seller of electric scooters—concerning e-scooters and their illegality. The ASA upheld the complaint. See: LNB News 17/01/2024 63... ASA to regulate online advertising of less healthy food and drink products Ofcom has designated the Advertising Standards Authority (ASA) to regulate online advertising of less healthy food and drink products, using its designation powers under the Communications Act 2003. Ofcom is satisfied that, among other considerations, the ASA is a fit and proper body, has adequate financial resources to ensure the effective performance of the Designated Functions, and will...
ARCHIVED: This Practice Note has been archived and is no longer being maintained or updated for future use at present. At 11 pm (GMT) on 31 December 2020, the implementation period — designed to allow the UK to move away from the EU’s legal framework and bodies — formally came to a close in the UK. That moment in time (termed ‘IP completion day’ within this note) triggered immediate, material changes to the UK’s domestic legal order and regulatory landscape. This Practice Note briefly outlines what this meant in practice for the following areas and themes of Commercial law and practice: Overview—what happened on 31 December 2020 Commercial law implications of the EU-UK Trade and Cooperation Agreement Advertising Agency Confidential information Consumer protection Contract clauses Contract breach and remedies Contractual joint ventures Data protection Distribution E-commerce Franchising Intellectual property Sale and supply of goods Standard terms and conditions ...
This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. This Practice Note offers guidance on the common law and statutory controls that govern exclusion and limitation of liability clauses (also described as limitation of liability clauses, limitation clauses, exclusion of liability clauses, exclusion clauses and exemption clauses), including the Unfair Contract Terms Act 1977 (UCTA 1977) and the Misrepresentation Act 1967 (MA 1967). It identifies which provisions amount to exemption clauses and sets out three central matters to address when drafting them or assessing them in a dispute: incorporation construction statutory controls It also outlines the courts’ treatment of attempts to exclude or restrict liability for certain breaches (eg fundamental breach) and for different heads of loss (eg direct loss, indirect and consequential loss, loss of profits, loss of use and loss of data). It notes common techniques parties use to allocate or restrict risk (eg financial caps, time bars, excluding rights of set-off) and addresses...
What are Incoterms and what is their origin? Incoterms—short for ‘International Commercial Terms’—are a set of globally recognised trading terms used in international, and at times domestic, contracts for buying and selling goods. They comprise 11 three‑letter abbreviations, each standing for a distinct package of provisions that apportion duties, costs and risks within a sale and purchase agreement. The International Chamber of Commerce (ICC) publishes rules that interpret Incoterms and explain the meaning of each term. First issued in 1936, these rules are updated from time to time to mirror developments in trading practices. In September 2019, the ICC released the most recent edition, Incoterms 2020, effective from 1 January 2020 (although parties could opt to apply the 2020 rules earlier if they wished). For the complete text of the 2020 rules, see the following Practice Notes: Incoterms® 2020—introduction Incoterms® 2020 Rules—EXW Ex works Incoterms® 2020 Rules—FCA Free Carrier Incoterms® 2020 Rules—CPT Carriage paid to Incoterms® 2020 Rules—CIP Carriage and insurance paid...