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MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Governing law and jurisdiction clauses in commercial contracts―checklist

Governing law and jurisdiction clauses in commercial contracts―checklist This Checklist of resources sets out some of the issues when considering governing law and jurisdiction in the context of commercial contracts. Governing law and jurisdiction clauses are categorised as boilerplate clauses in an agreement. For more information on boilerplate clauses, see: Boilerplate clauses—overview. For details about the role of boilerplate clauses and approaches to reviewing and drafting common boilerplate clauses, see Practice Note: The role of boilerplate. A governing law clause (also known as an applicable law clause) is used to allow the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. For an example of a governing law clause, see Precedent: Governing law clause. The applicable law clause in a contract will usually be set out alongside a jurisdiction clause. It is important to note that jurisdiction and governing law are separate issues.  A jurisdiction clause is necessary to allow the parties to...

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Industrial action that has statutory immunity—flowchart

Industrial action that has statutory immunity—flowchart FORTHCOMING CHANGE: The legal framework for giving protected status to industrial action and picketing is to be amended under clauses 54 to 61 of the Employment Rights Bill, introduced on 10 October 2024 (see Practice Note: The right to take industrial action—Employment Rights Bill). Clause 118 of the Bill confirms that many of the proposed changes will come into force two months after the Employment Rights Act 2025 is passed. The Strikes (Minimum Service Levels) Act 2023 will be repealed on the day on which the Act is passed. For further information on the Employment Rights Bill, generally, see Employment News Analysis: The Employment Rights Bill, and Employment Rights Bill 2024-views from the sector, LNB News 10/10/2024 85. To track the progress of the Bill through Parliament, see Practice Note: Employment Rights Bill—tracker. The government also launched a public consultation on creating a modern framework for industrial relations. The consultation seeks views on several specific...

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Other heads of general damages

General damagesThis Practice Note reviews other commonly claimed heads of general damages such as loss of the use of a vehicle damaged in an accident, disruption to a specific holiday, loss of marriage prospects, aggravated damages and damages for unnecessary medical treatment.General damages comprise those heads of loss that are non-pecuniary and are not capable of precise calculation. For a more detailed definition, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages?—terminology explained.The most common and important item of general damages is the award for pain and suffering and loss of amenity (PSLA). Within the general damages head of loss, there are additional awards that can fall within this category including:•handicap on the open labour market (Smith v Manchester Award)•loss of congenial employment•loss of use•loss of enjoyment of a holiday•marriage breakdown or loss of marriage opportunities•aggrevated damages•unnecessary medical treatment•all future pecuniary loss, eg future loss of earnings. For further detail on future loss, see Practice Notes: Future loss of earnings—personal injury claims, Loss...

Quantifying damages for dependants—apportioning damages and disregarding financial or other benefits

Apportioning damagesAlthough all of the dependants’ claims are brought before the court in a single action, this is done for the sake of procedural/administrative convenience. Each dependant has an individual claim and this means that you will need to calculate their losses independently.Given the fact that multipliers can vary depending on the circumstances of both the deceased and the dependant, the appropriate multiplier may vary between different dependants.What approach will the court take?Usually, a fatal accident claim is brought under both the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) and the Fatal Accidents Act 1976 (FAA 1976). CPR 41.3A means that whenever there is a single sum of money awarded by the court or agreed between the parties in settlement of the case, the court must apportion the damages where there is a claim under:•FAA 1976 and LR(MP)A 1934—the court must apportion the money between the different claims•FAA 1976 and it is made by or on behalf of more than one person—the court must apportion the money between the...

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Property indemnity for a share purchase agreement

Property indemnity clause for insertion into a share purchase agreement Indemnity clause

Indemnity clause—infringement of third party IP rights (consultant appointment)

Indemnity

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Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)?

Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)? If a worker has not been paid the national minimum wage: • the worker can enforce their entitlement by way of their contract by making a claim for breach of contract or a claim for unlawful deduction from wages • HM Revenue and Customs (HMRC) can enforce the worker's entitlement by issuing a notice of underpayment or suing on the worker's behalf For further information, see Practice Note: National minimum wage, in particular the main sections dealing with Consequences of failure to pay and Enforcement...

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis.

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis. An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the amount of that claim. For further guidance, see Practice Note: Interim payments—guiding principles. The Butterworths Personal Injury Litigation Service defines it as ‘a payment on account of any damages, debt or other sum (excluding costs) which that party may be held liable to pay’ . CPR 38.2(2)(b) provides that: 'where the claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 25), he may discontinue that claim only if— • the defendant who made the interim payment consents in...

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UK Competition law—daily round-up (10/03/2025)

A round-up of UK competition law developments, including the latest UK merger control developments.

The JCT Management Building Contract 2024—what’s changed?

Construction analysis: On 5 March 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Construction Management Contract and Management Building Contract, alongside 2024 editions of Framework Agreement, Dispute Adjudication Board Documentation, Adjudication Agreement, and Project Bank Account Documentation. In this analysis, we focus on the Management Building Contract, and look at how it differs from its 2016 equivalent.