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Issues with franchising in an overseas territory—checklist

Issues with franchising in an overseas territory—checklist This Checklist sets out the issues for a franchisor to consider when preparing to operate the franchise in an overseas territory. The advance of technology has helped facilitate the rise of a global economy. This has led to the creation of opportunities for companies to trade outside of their domestic markets and exploit developing territories. However, a number of issues arise when a franchisor is preparing to operate in an overseas territory some of which are detailed below. PESTLE analysis A franchisor may wish to carry out a political, economic, environmental, sociological, technological, legal and environmental factors (PESTLE) analysis in relation to a new territory. The information obtained from the analysis can be used as a guide to strategic decision making when considering international franchising. Below is a list of legal and non-legal issues that might arise with international franchising. Political • There may be increased political or legislative risks that should be taken into consideration by businesses before they commence operations in...

Vertical agreements—drafting for MVBEO—checklist

Vertical agreements—drafting for MVBEO—checklist This Checklist sets out the essential points that should be considered under The Competition Act 1998 (Motor Vehicle Agreements Block Exemption) Order 2023 (No 2) (MVBEO) when drafting new vertical agreements, or updating existing vertical agreements, in relation to motor vehicle aftermarkets for the provision of repair and maintenance services or the distribution of motor vehicle aftermarket goods (together, the motor vehicle aftermarket). This Checklist is not intended to be a comprehensive guide to the MVBEO but should be used where a commercial lawyer wants to ensure that the vertical agreement falls within the MVBEO (and any guidance issued under it). For further information, see: CMA Guidance: MVBEO. A flowchart is also provided at the end of this Checklist, setting out the main steps to follow when assessing whether an agreement falls under the MVBEO. Introduction to MVBEO Any agreement which affects trade and restricts competition in the UK may be subject to the prohibition on anti-competitive agreements under the provisions of Chapter I of the Competition...

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Liquidated damages v penalty clause—checklist

Liquidated damages v penalty clause—checklist As seen in Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses, the task of determining whether or not a liquidated damages clause may be held to be unenforceable as a penalty is not always an easy one. While it will be a matter of construction for the courts in each case, there are a number of factors to consider when analysing the scope of an alleged liquidated damages clause and whether or not it may be susceptible to challenge as a penalty. If drafting a liquidated damages clause, it is essential that you keep these factors in mind in drafting the clause (and its relationship with related clauses). See: • Drafting and negotiating a liquidated damages clause—checklist • Precedent: Liquidated damages clause For specific consideration of how clauses in commercial contracts which provide for ‘default interest’ have been considered in the authorities, see: • Penalty interest rates in commercial contracts • Contract interpretation—distinguishing between liquidated damages and penalty clauses—When might default interest be...

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Electronic communications: Universal Service Directive [Archived]

Electronic communications: Universal Service Directive [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services as amended by Directive 2009/136/EC (Universal Service Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code...

Charities and money laundering offences

Charities and money laundering offences Charities are as susceptible to money laundering 'attacks' as any other organisation. It is essential that charity trustees protect their charity from these attacks and to recognise them they need to understand the offences that can be committed. What is money laundering? Money laundering is a crime and is usually described as the process of turning the proceeds of crime into property or money that can be accessed legitimately without arousing suspicion. The term ‘laundering’ is used because criminals turn ‘dirty’ money into ‘clean’ funds which can then be integrated into the legitimate economy as though they have been acquired lawfully. See Practice Note: Money laundering—key information for businesses. The offences The Proceeds of Crime Act 2002 establishes a number of money laundering offences including and applies to all persons. See Practice Note: Proceeds of Crime Act 2002—key information for businesses. It is unlikely that a single charity will commit all of the potential offences but they should recognise their existence. The principal offences...

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Clauses—overseas assignment

1 Overseas assignment 1.1 You agree to be assigned to work for the Employer in [specify country or area in which the employer's operations are carried out] (the ‘Territory’) for [the period from [enter date] to [enter date] OR a period not exceeding [enter duration, eg ten weeks, three months, two years] from such date as the Employer may specify] (the ‘Assignment’). 1.2 During your Assignment, your duties will [consist of OR include acting as] [specify duties] in [enter location] and, at the end of your Assignment, the Employer will[ use its best endeavours to] find employment for you[ within its business] in a position and on terms no...

Software as a service (SaaS) agreement—order form—pro-supplier

Software as a service (SaaS) agreement—order form—pro-supplier Please read this Order Form and our Agreement carefully before proceeding. Our Agreement is comprised of this Order Form, the Master SaaS Terms and the other documents incorporated into our Agreement as described in the Master SaaS Terms. By [executing this Order Form OR [clicking ‘Accept’]] you accept our Agreement on behalf of the Customer indicated in this Order Form as a legally binding contract with the Supplier (as defined in this Order Form). [You represent and warrant that you have all necessary capacity and authority to enter into our Agreement on behalf of the Customer as a legally binding contract with the Supplier in all applicable jurisdictions. If you do not have such capacity or authority or do not wish to accept this Agreement on behalf of the Customer please select the [‘Decline’] option before proceeding to request the provision of Services.] 1 Definitions and interpretation 1.1 Defined terms in this Order Form shall have the meaning given in...

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Can interest be claimed in relation to maintenance arrears payable under a periodical payments order?

Can interest be claimed in relation to maintenance arrears payable under a periodical payments order? It would appear that interest is not payable on arrears due under orders for periodical payments made, or registered, in the Family Court. The County Courts (Interest on Judgment Debts) Order 1991, SI 1991/1184 (as applied to the Family Court by the Crime and Courts Act 2013 (County Court and Family Court: Consequential Provision) Order 2014, SI 2014/1773, art 2) applies only to sums of £5,000 or more due under a lump sum order. However, there seems to be no such restriction on interest accruing on such arrears of periodical payments under orders made, or registered, in the High Court. The position was described by Mostyn J as ‘legally complex’, ‘murky’ and ‘difficult territory’ in Re TW and TM (Minors) (Child Maintenance: Jurisdiction and Departure from Formula) (at paras [17]–[19]). The answer may, therefore, be to transfer the order for enforcement purposes to the High Court subject to the requirements of Family Procedure Rules 2010...

Can an alternative supplier be used when a supplier is unable to supply all goods under an exclusive supply agreement?

Can an alternative supplier be used when a supplier is unable to supply all goods under an exclusive supply agreement? Supply agreements A supply agreement regulates the rights and obligations between the parties to buy and sell goods and materials over a specified period of time and usually provides certainty regarding a regular receipt of those goods. Supply agreements can be expressed to take a number of forms: • non-exclusive: the business appointing the supplier has the right to appoint any other supplier • exclusive: the business cannot appoint any other supplier, possibly within a certain territory • sole: one supplier is appointed and no third party can be appointed. The difference between this expression and ‘exclusive’ is that the business appointing the supplier may also be entitled to produce the products and supply them to itself • preferred: the supplier is an approved one but does not necessarily have complete preference over anyone else For more information generally, see: Sale and supply of goods—overview. Exclusive...

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Arbitration weekly highlights—19 December 2024

This week's edition of Arbitration weekly highlights includes: decisions from the English Court of Appeal and the Commercial Court, and updates from the LCIA, SIAC, SCC Arbitration Institute, Madrid Court of Arbitration, and Delos Dispute Resolution. All this, and more, in our weekly highlights.

Minutes of the CPR Committee meeting—1 November 2024

The minutes of the CPR Committee (CPRC) meeting of 1 November 2024 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including the Law Commission consultation on the law of contempt, Closed Material Procedure, Strategic Litigation Against Public Participation, the Digital Markets, Competition and Consumers Act 2024, the outcome of the Workplace Claims consultation and costs budgeting light.