Primary assignment meaning

In this issue: Confidential information Patents Trade marks/passing off General IP Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Confidential information Court of Appeal clarifies law on state of mind necessary for breach of confidence (Kieron Corrigan & Co Ltd v Bashir Timol) The Court of Appeal in Kieran Corrigan & Co Ltd v Timol [2024] EWCA Civ 1233 has delivered one of the earliest breach of confidence rulings following the Supreme Court’s judgment in Lifestyle Equities v Ahmed [2024] UKSC 17. Although it does not engage with Lifestyle Equities in any depth (the appellant abandoned one ground of appeal because of that authority), the decision offers guidance on the extent of primary liability attaching to agents or employees of corporate bodies in breach of confidence claims. It addresses the requisite mental element, identifying what state of mind the claimant must show the defendant possessed in...

In this issue: Electronic communications Key developments and horizon scanning Residential tenancies Disputes and remedies Lease covenants and obligations Repairing obligations and dilapidations Rent and rates LexTalk®Property Disputes: a Lexis®Nexis community Additional Property Disputes updates Daily and weekly news alerts New and updated content Latest Q&As Electronic communications Identifying the correct operator for terminating Electronic Communication Code agreements Landowners should take particular care to identify the correct operator when seeking to end agreements concerning electronic communications apparatus under the Electronic Communications Code (the Code). The Upper Tribunal (UT) has ruled, in a decision covering Code wayleaves and licences made before 28 December 2017, that an assignment does not necessarily change who is the relevant operator for a part 5 termination: if the original operator still bears primary responsibility for the agreement’s obligations, it may remain the relevant operator. See News Analysis: Identifying the correct operator for terminating Electronic Communication Code agreements...

In this issue Sustainable finance and ESG round–up Economic Crime and Corporate Transparency Act 2023 Lending Aviation finance Debt capital markets Derivatives Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG round–up Sustainable finance and ESG weekly round–up For a summary of this week’s Sustainable finance and ESG developments, see: Sustainable finance and ESG weekly round–up—18 January 2024. Economic Crime and Corporate Transparency Act 2023 Economic Crime and Corporate Transparency Act 2023 (Consequential, Supplementary and Incidental Provisions) Regulations 2024 SI 2024/Draft: These proposed Regulations would amend primary and secondary legislation where required as a consequence of, or supplementary or incidental to, the commencement of specified provisions of the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). They will commence when ECCTA 2023, s 1 takes effect. See: LNB News 11/01/2024 16. Lending UK signs the Hague Judgments Convention The Ministry of Justice...

A collateral warranty is an agreement that is ancillary to, or runs alongside, the underlying or primary contract (ie the construction contract or a consultant’s appointment). Most collateral warranties pick up the duties and obligations set out in the underlying contract, and the warrantor promises to a third party that it has carried out those duties and obligations in accordance with that contract. For further general information on collateral warranties, see Practice Note: What are collateral warranties? The JCT suite of collateral warranties The JCT has issued a number of standard form collateral warranties, with the following being the most commonly used: JCT Contractor Collateral Warranty for a Funder (CWa/F) JCT Contractor Collateral Warranty for a Purchaser or Tenant (CWa/P&T) JCT Sub-Contractor Collateral Warranty for the Employer (SCWa/E) JCT Sub-Contractor Collateral Warranty for a Funder (SCWa/F) JCT Sub-Contractor Collateral Warranty for a Purchaser or Tenant (SCWa/P&T) For a summary of the differences between the 2016 and 2024 versions,...

This Practice Note examines principal terms and conditions within business-to-business commercial contracts. It highlights general drafting considerations and reviews key operative provisions, such as: term primary obligations warranties price and payment confidentiality intellectual property rights data protection liability and limitation of liability indemnities termination consequences of termination For links to fuller commentary on commercial contracts, see: Commercial clauses—overview Definitions—overview Boilerplate clauses—overview Practice Note: The role of boilerplate See also: Commercial contract drafting and review—checklist Commercial contract review and execution (business personnel)—checklist For specific guidance on the supply of services, see Practice Note: Negotiation guide—services agreements. Initial considerations Structure and form The first consideration for any contract is its form, shaped by what the arrangement seeks to achieve and the context in which it will be concluded. Simple contracts may arise orally, in writing or by...

Negotiation Guide This Negotiation Guide forms part of the Practical lease negotiation collection. See also Practice Note: New starter guide—entering into new commercial leases. It provides guidance on negotiating the terms of a guarantee where a third party proposes to act as guarantor of a tenant’s obligations to a landlord under a lease of commercial premises. A guarantor’s obligations may be set out either in a clause within the lease, in a separate schedule to it, or in an entirely separate document (although the last of these is relatively uncommon). For the purposes of this guide, the relevant provisions in any such clause, schedule or separate document are referred to simply as ‘a/the guarantee’. In the context of commercial leases, the guarantor will typically be: a parent company of the tenant, or a company in the same corporate group as the tenant, or a director of and/or shareholder in the tenant For example guarantee provisions in the Lexis+ ® UK precedent...

This Agreement is entered into on [ date ]. Parties [ Proprietor’s name ] of [ insert address ] (the Proprietor); and [ Publisher name ], a company registered in England and Wales with registration number [ insert company number ] and with its registered office at [ insert registered office ] (the Publisher)...