Testing clause meaning

How to use this Checklist This Checklist outlines the principal clauses to cover when preparing a software development contract. For deeper commentary on matters mentioned here, consult Practice Note: System development and systems integration agreements and Precedent: Software development agreement. Targeted topics are also addressed in Practice Notes: Software development agreements—fees, expenses and disbursements and Software development—agile method. The Checklist may likewise support the preparation of a brief, non-binding heads of terms; for guidance, see Precedent: Heads of terms—commercial contracts. Use the third column to capture notes or remarks as you progress through the Checklist as it is worked through. Headings include Checklist, Further information and Notes (if any). Checklist Further information Notes (if any) Parties Confirm each party’s legal form and whether any third parties (for example, group affiliates) are intended to benefit under the proposed contract. See Precedent: Parties clause. Confirm whether any third party will underwrite performance or financial obligations. Commencement and duration ...

Eternity Sky Investments Ltd v Xiaomin Zhang [2024] EWCA Civ 630 The Court of Appeal confirmed enforcement of a US$64m Hong Kong-seated arbitral award against Xiaomin Zhang, dismissing her reliance on the UK Consumer Rights Act 2015 (CRA 2015). Although the outcome may appear routine, the judgment carries a clear signal for businesses dealing with consumers. In his leading judgment, Lord Justice Stephen Males stressed that, where CRA 2015 is engaged and breached, consumer protections would override an arbitral award on UK public policy grounds, requiring the court to refuse enforcement. The ruling sits alongside Payward Inc v Chechetkin [2023] EWHC 1780 (Comm), where the Commercial Court declined to recognise a US award on public policy grounds, in part due to CRA 2015. Together, these cases illustrate rare situations in which the English courts’ traditionally pro-arbitration and pro-enforcement approach will yield to a competing policy interest...

In this issue: Advertising, marketing and sponsorship Confidential information Consumer protection Contracts Public procurement Supplier management Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—14 May 2025The Advertising Standards Authority received two complaints about paid promotions for unlicensed, nicotine‑containing e‑cigarettes by Golden Vape and UKVAPINGSTORE. The regulator upheld both complaints. See: LNB News 14/05/2025 13. ASA report reveals 43% non‑compliance with influencer advertising rulesThe ASA has issued its 2024 Influencer Ad Disclosure monitoring report, analysing over 50,000 pieces of content on Instagram and TikTok from 509 UK‑based accounts. It identified 57% compliance, with 34% of influencer ads lacking any disclosure and 9% using inadequate labels. The ASA will share findings with platforms and influencers and continue enforcement through AI‑powered monitoring, applying sanctions where breaches persist. The rules require clear disclosure of commercial relationships where payment occurs in any form and brands have...

In this issue EU fundamentals Banking and finance Corporate Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment IP Life sciences TMT International trade Daily and weekly news alerts Trackers New and updated content EU fundamentals European Court of Justice rules on asymmetric jurisdiction clauses (Società Italiana Lastre Spa v Agora SARL) The Court of Justice confirmed, pursuant to Article 25 of Regulation 1215/2012 (Brussels I, recast), that asymmetric jurisdiction provisions are valid when favouring the competent courts of EU Member States or members of the Lugano Convention. Where such clauses comply with the mandatory requirements of Brussels I (recast), they are to be considered under that regulation rather than under individual national laws. The clause must set out objective criteria enabling a court seised to determine whether it has jurisdiction. A reference to ‘any other competent court’ is adequate, provided that competence is...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

This Practice Note closely examines how defects are addressed under the FIDIC Red, Yellow and Silver Books (2017 editions). For guidance on earlier forms and how they approached such issues, see Practice Note: FIDIC Contracts (pre–2017 editions)—defects. For a wider overview and context on defects, refer to Practice Note: Defects claims in construction. What is a defect under FIDIC contracts? As with many standard forms, FIDIC gives no express definition of ‘defect’. In general terms, a ‘defect’ arises where any part of the works or materials fails to comply with the contractual requirements (see Practice Note: Defects claims in construction — What is a defect? for further analysis). Clause 4.1 states that the Contractor must design, construct and complete the Works, and make good any defects, in accordance with the Contract (‘execute the Works’ is defined at clause 1.2(j)). Under clause 11, the Contractor is to ensure the Works meet the contractual condition by the end of the applicable Defects Notification Period (DNP), or as soon as reasonably...

This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...

1 Drug and alcohol screening 1.1 To safeguard all employees and others, and to satisfy applicable legislation, the Company runs a drug and alcohol screening programme [ , including random...