Legal Q&A

This Q& A proceeds on the basis that: the question relates to a business-to-business transaction the question relates to a contract drafted and negotiated in the conventional manner and is not an e-commerce transaction entered into between the parties via website terms and conditions the question relates to the execution of a simple contract the question relates to the law of England and Wales Contract formation General contract law principles apply to agreements formed virtually......

For this Q& A, our review is confined to how lotteries, competitions and prize draws differ. Our analysis has focused specifically on distinguishing among these three mechanisms. Definitions The meaning of 'prize competition' Under the Gambling Act 2005 ( GA 2005), a ‘prize competition’ means any contest or arrangement in which a participant may secure a prize, so long as it does not fall within the statutory concept of gambling. The meaning of 'gambling' English law recognises three principal forms of gambling: betting, gaming and lotteries. While the statutory tests are intricate, they can be outlined in broad terms as follows: Betting involves making or accepting a wager on the result of a race, competition or other event or process, on the likelihood of something occurring or not occurring, or on whether a proposition is true or false (even where one party knows the facts). Although ‘bet’ is not...

Electronic Communications Code (the Code) It is taken that a headlease has been forfeited, with any sub-leases granted under it likewise brought to an end. The Electronic Communications Code (the Code) referenced is the version produced by the Law Commission in 2013. As the Q& A observes, the operator’s lease was terminated by forfeiture and, thereafter, it is assumed the freeholder required the equipment to be removed, so a paragraph 21 notice had to be served. Paragraph 21 of the Code states that, where no agreement is in place or it is shortly to come to an end, the freeholder requires an order authorising removal of the telecommunications apparatus located on the roof of the freeholder’s property......

Brexit— Commercial For help with your query, please refer to the following: Brexit—contract clauses and resources—checklist [ Archived] Clause: Brexit—warranty for commercial contracts clause [ Archived] Clause: Territory definition For additional guidance, see: Brexit collection......

Q& A For this Q& A, we take 'email journaling' to mean a method whereby messages entering or leaving a server are duplicated and sent to a single designated mailbox, creating a record of every message in and out, arranged in a user-selected order (typically by date/time). We have limited this response to circumstances that fit those assumptions, and to cases where the journal mailbox cannot be changed or interfered with by any server user holding normal privileges......

The Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277 The Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277, outlaws unfair commercial practices that harm consumers’ economic interests. Such practices cover areas like product labelling. For more detail, refer to Practice Note: The Consumer Protection from Unfair Trading Regulations 2008 (pre-6 April 2025) [ Archived]. Examples of prohibited behaviour include misleading actions, as specified in reg 5 of CPUTR 2008, SI 2008/1277......

Background A statutory declaration is a solemn, formal affirmation of fact made other than for judicial proceedings. In practical application, the making of a statutory declaration is a recognised means of proving or evidencing matters of fact, and it is employed in non‑litigious proceedings, where, for those purposes, it fulfils the same role as affidavits do in litigious proceedings. Making a declaration We have been unable to identify any authority suggesting that statute sets restrictions on the person who may make a declaration......

This Q& A focuses on public procurement under the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102 As a general principle, the PCR 2015, SI 2015/102 affords bidders considerable latitude to shape bid partnerships and supply chain models to suit their approach. Under PCR 2015, SI 2015/102, reg 63(1), tenderers can draw upon the resources of other organisations to satisfy selection requirements covering economic and financial standing, along with technical and professional capability. A limited carve-out appears at PCR 2015, SI 2015/102, reg 63(7), which permits contracting authorities to stipulate that specified ‘critical tasks’ in a public services or public works contract must be carried out by the prime contractor, or by one from a consortium of primes. Put differently, suppliers are, in most cases, free to deploy their chosen subcontractors when delivering a public contract. That said, this is subject to any...

While an amendment agreement aims to vary an existing contract, it stands as a separate contract in its own capacity. Consequently, identical principles of drafting and contractual interpretation govern the amendment agreement on its own terms alone......

For the purposes of the Gambling Act 2005 ( GA 2005) Under GA 2005, s 3, gambling encompasses ‘gaming’, ‘betting’ and taking part in a ‘lottery’. ‘ Gaming’ is defined in GA 2005, s 6 as playing a game of chance for a prize under that provision. A game of chance covers the following: a game that contains both an element of chance and an element of skill, a game where the element of chance can be eliminated by superlative skill, and a game presented as involving an element of chance, but it does not include a sport. There must be some element of chance and the prospect of winning a ‘prize’ for the activity to qualify. The Q& A does not indicate the setting in which the mystery box of prizes is being offered to participants. If the prize is to be obtained by taking part in a game of...

The organisation must ensure it fully complies with the TPS Assured ( Call Centre) Handbook 2016, which specifies that a call centre must disclose its own organisation’s identity whenever requested by a recipient. Regulation 24 of the Privacy and Electronic Communications Regulations 2003 ( SI 2003/2426) provides the following below: 24 Information to be provided for the purposes of regulations 19, 20 and 21 (1) Where a public electronic communications service is used to transmit a communication for direct marketing, the person using, or causing the use of, that service shall make sure the following information is supplied with that communication— in relation to a communication to which regulations 19 (automated calling systems) and 20 (facsimile machines) apply, the particulars mentioned in paragraph (2)(a) and (b); in relation to a communication to which regulation 21 (telephone calls) applies, the particulars mentioned in...

Where documents are deeds, they must expressly state they are executed by the company itself. A document will be treated as executed as a deed if it is properly executed by the company and delivered as such......

In answering this Q& A The research is confined to situations in which a company has duly executed one counterpart of a contract, yet the witnessing clause for the other party’s execution is completed incorrectly......