Jurisdiction(s):
United Kingdom

Key definition

Lending definition

What does Lending mean? In copyright practice, lending means making a copy of a protected work available for use on the understanding that it will, or may, be returned. It is a statutory concept in the UK and Ireland and is distinguished from rental by the absence of any direct or indirect economic or commercial advantage. Lending to the public usually occurs through establishments accessible to the public (for example, public libraries and certain educational or cultural institutions). Reasonable cost‑recovery charges do not convert lending into rental. The classification matters because lending to the public is a restricted act. It engages the rightsholder’s exclusive lending...

Take-or-pay clauses in energy contracts under English law: penalties, primary vs secondary obligations, debt vs damages, key cases, and drafting guidance

Published by a LexisNexis Energy expert

Practice notes

This Practice Note examines the English Court’s approach to take-or-pay clauses and offers a detailed analysis of the rule on penalties as it applies to such provisions. For an introduction to take-or-pay clauses in the energy sector and the regulatory and competition law concerns commonly faced, see Practice Note: An introduction to EU law and competition law issues for take-or-pay clauses in energy contracts. For further guidance on drafting take-or-pay clauses and the typical features encountered, see Practice Note: Drafting take-or-pay clauses in energy contracts.

English courts’ attitude to take-or-pay clauses

English Courts have generally acknowledged and enforced take-or-pay provisions in commercial contracts. In Port of Tilbury (London) Ltd v Stora Enso Transport & Distribution Ltd, the defendant had an ongoing requirement to import, handle, store and distribute its paper in England. It entered into a long-term agreement with the claimant, the Port of Tilbury (the ‘Port’), under which the Port undertook to construct facilities at Tilbury for handling the defendant’s paper and to provide a range of services, including unloading paper arriving at the port and loading paper orders for despatch from those facilities. In return, the defendant agreed to supply a...

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Web page updated on 21/05/2026

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