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Agency is a legal relationship between an agent who is a person having the authority or capacity to create legal relations between a principal and third parties.
The agent is a person who has the authority to act on behalf of the principal and consents to do so. The relationship called 'agency' or 'principal-agent relationship' depends on the nature of the agreement and the circumstances. If the substance of the agreement intends that the alleged agent act on his own behalf and not on the behalf of the principal then notwithstanding explicit language in the agreement describing the person as agent, the relation of agency will not have arisen. Conversely, an agency relationship may arise superseding a clause in an agreement that it shall not.
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EU operational resilience—timeline This timeline shows key developments relating to EU operational resilience requirements for financial services firms from January 2024 onwards. For earlier developments, see Operational resilience—timeline [Archived] 2025 Date Source Document Description 15 April 2025 FSB FSB finalises the common Format for Incident Reporting Exchange (FIRE) The Financial Stability Board (FSB) has published its finalised format for incident reporting exchange (FIRE), which aims to standardise and streamline cyber and operational incident reporting. Developed with private sector collaboration, FIRE addresses fragmentation in reporting requirements across multiple jurisdictions and supports phased implementation. It is interoperable with existing systems and applicable to a wide range of incidents, including those involving third-party service providers. The initiative promotes convergence in cyber incident reporting, reduces the reporting burden for firms, and improves communication among authorities.See: LNB News 15/04/2025 37. 24 March 2025 European Commission COMMISSION DELEGATED REGULATION (EU) …/... supplementing Regulation (EU) 2022/2554 of the European Parliament and of the Council with regard to regulatory technical standards specifying the elements that a financial...
Privilege in criminal investigations—checklist The following are only suggested guidelines, given that each criminal investigation will turn on its own facts. This Checklist should be read in conjunction with Practice Notes: Legal Professional Privilege in criminal proceedings and Maintaining privilege during criminal investigations. Confidentiality is key and must be maintained. If a document or communication was not confidential when it was first made, or if it loses its confidentiality, it will generally not attract Legal Professional Privilege (LPP). In order to assert privilege, careful consideration should be given to whether it is legal advice privilege or litigation privilege which is being asserted, and different considerations will apply to each. Steps to maintain legal professional privilege At the outset In the event that the client seeks advice before the criminal investigation commences: Legal advice privilege • consider whether legal advice privilege applies, ie: ◦ is the communication confidential? If yes ◦ is the communication sent by a lawyer to their client or vice versa? If yes ◦ is the communication made...
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Retained EU law—flowchart [Archived] ARCHIVED: This Flowchart has been archived and is not maintained. Retained EU law is a concept introduced by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) in preparation for Brexit, creating a brand new category of domestic law. It is the collective term given to the body of EU-derived laws preserved and converted into domestic law under EU(W)A 2018 (as amended) at the end of the post-Brexit transition period (IP completion day). For background reading on the transition period, and what it means for retained EU law, see: In the context of Brexit, what is meant by the ‘transition or implementation period’? For further background reading the underlying legislation, see: • Practice Note: Brexit—key legislation explained • News Analysis: What does IP completion day mean for the status of EU law in the UK? What is retained EU law? Retained EU law is a complex and wide-ranging legal term, defined under EU(W)A 2018, as anything which continues to form part of domestic law on or after...
SAR glossary codes and additional reporting routes—flowchart This Flowchart illustrates the most commonly used National Crime Agency (NCA) glossary codes to use when completing a Suspicious Activity Report (SAR) via the SAR Portal, and the additional reporting routes you should consider. The full list of SAR Glossary Codes can be found in SAR Glossary Codes and Reporting Routes. Note 1 SARs regime The SARs regime is not intended as a means of reporting crime or matters relating to immediate risks to others. The SARs regime is designed for the purpose of reporting knowledge or suspicions of money laundering or terrorist financing under the Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000). In addition to submitting a SAR to the NCA, you may therefore need to report the matter via other routes, eg where a crime is in progress or there is an immediate risk to a person. We have flagged where this may be appropriate. If possible, you should make these additional reports...
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This Practice Note is an introduction to agency. It describes the essentials of the agency relationship between the principal and the agent including the ways in which an agent is appointed to act on behalf of a principal, the different types of agency appointments and the authority that an agent has to act on behalf of a principal.Nature of agencyAgency is a relationship under which a principal appoints an agent to act under their direction and on their behalf for specified purposes. In business, such purposes are commonly the introduction or conclusion of contracts between the principal and customers or other third parties. The term ‘agent’ is sometimes used loosely in business and may refer to those, eg distributors, whose activities are similar to those of agents but who are not agents in law.In commercial matters, the parties will normally have a written agreement that sets out:•the scope of the agent's authority•the parties' rights and duties•under what circumstances and with what consequences the agency can be terminated•general commercial provisions, and•where...
This Practice Note compares agency with distribution and contains a table setting out the key legal differences between agents and distributors. This Practice Note sets out the difference between agents and distributors, including the relationship with their respective principal or manufacturer and compares the risk profile of each appointment. Consideration is also given to the circumstances under which an agency is preferred, and the conditions that favour distributorships.Initial considerationsAgency and distribution are examples of channels to market: means by which a manufacturer, producer or an intermediary, such as a wholesaler, gets its products to end-user customers. Other channels to market include direct sales (where sales staff are employed directly by the manufacturer or where the manufacturer sells at a distance (eg via the internet)), entering into a joint venture with a local business, and franchising (which has many features in common with distribution). For further details on franchising, see: Franchising—overview.This Practice Note compares sales agents, who procure (and sometimes conclude) contracts with customers for their principal, with distributors. Sales agents...
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Sanctions warranty provisions—share purchase agreement—pro-seller—individual sellers—unconditional—long form Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-seller—individual sellers—unconditional—long form: 1 Definitions and interpretation Sanctioned Activity • means any activity subject to sanctions imposed by the Sanctioning Body; Sanctioning Body • means the United Kingdom, United States of America, European Union and any other applicable local, national or multinational government agency, department, official parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for imposing and/or administering sanctions; Sanctioned Entity • means any person or entity which is, or which is owned or controlled directly or indirectly by a person or entity which is, the subject of sanctions imposed by, or on a designated sanctions list by, a Sanctioning Body, and in this Clause 1, the words ‘owned or controlled directly or indirectly’ have the meaning given in applicable Sanctions Laws; Sanctions Laws • means all applicable law relating to a Sanctioned Activity, applicable to any...
Letter to lenders governing appointment of creditors’ committee To: The persons listed in Schedule 1 to this letter [insert names of Lenders] From: [insert name of solicitors for the Creditors' Committee or the name of the Chair] Date: [insert date] Appointment of Creditors' Committee We refer to the discussions at the meeting of creditors convened by [insert name of debtor company] (the Company) to discuss the proposed restructuring. 1 Definitions and interpretation 1.1 Definitions In this letter, unless otherwise provided: Business Day • means a day other than Saturday, Sunday and public holidays when clearing banks generally are open for business in London; Chair • means the Lender appointed to chair the Creditors' Committee under the Creditor's Committee Agreement; Commitment • means (a) any undrawn amount which a Lender has committed to make available to the Company (but excluding any undrawn uncommitted amounts); (b) the principal amount of a Lender's participation in any utilisation by the Company, in each case under the Finance Documents; Committee...
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What is the key legislation concerning protection of nesting birds and their hibernation? Certain species of animals (including wild birds) are protected at European and national levels from being harmed or disturbed. Similarly, many areas/habitats with distinctive animals (including certain birds) are protected at the international, European and national level. Some of the applicable regulatory regimes are set out below. For more information on species and habitats protection generally, see: Protected areas and species—overview. Domestic Legislation Wild birds are specifically protected by the Wildlife and Countryside Act 1981 (WCA 1981). There are a range of offences provided for within WCA 1981, including it being an offence (subject to specific exceptions) to: • intentionally to kill, injure or take any wild bird • take, damage or destroy the nest of a specified wild bird • take, damage or destroy the nest of any wild bird while the nest is in use or being built • take or destroy an egg of any wild bird • have in one's possession or control...
What legal considerations should be taken into account by a UK-based importer of generic goods? The underlying contract Initial considerations will need to be made around the type of contract under which the goods are being imported. Is it a generic contract for the sale and supply of goods, or are the goods being imported under an agency or distribution contract. See our subtopics: Sale and supply of goods, Agency and Distribution. International contracts and trading Our subtopics: International contracts and Carriage of goods provide valuable information and precedent clauses for international trading; in particular, see: • Incoterms® 2010—introduction •
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This week's edition of Life Sciences weekly highlights includes news analysis that the European Commission is pressing ahead with finalising the Code of Practice for general-purpose AI (GPAI) model developers despite possible AI Act delays for August 2025 as well as news that the Commission has published its timeline for the implementation of the EU AI Act. Also, this week includes several important news stories in the medical devices sector: the MHRA brought into force the Medical Devices (Post-market Surveillance Requirements) (Amendment) (Great Britain) Regulations 2024 from 16 June, marking the first major reform to post-market surveillance (PMS) legislation for medical devices in Great Britain, the UK MedTech Forum called on the MHRA for the indefinite recognition of EU CE-marked medical devices and advocated for the introduction of internationally aligned reliance pathways for pre-market approvals, the EU’s MDCG has published and updated multiple guidances including clarifying the regulatory responsibilities of providers facilitating the availability of medical device software apps on the EU market, and the MedTech Europe commissioned a report...
The Department for Environment, Food and Rural Affairs (Defra) has published updated non-statutory standards for the design, maintenance and operation of sustainable drainage systems (SuDS) in England. These standards apply to new infrastructure and development on both greenfield and brownfield sites, excluding retrofit projects and the trunk road network managed by National Highways. The document sets out seven standards that address runoff destinations, the management of both everyday and extreme rainfall and flooding, water quality, amenity, biodiversity, and the design, construction, operation, maintenance, decommissioning and structural integrity of SuDS. The standards aim to assist designers, property developers, local authorities and other key stakeholders—including sewerage undertakers and the Environment Agency—in implementing rainwater management systems that replicate natural processes. Key features include reducing flood risk through effective surface water management, improving water quality before runoff enters rivers, and promoting water efficiency through rainwater harvesting. The standards also encourage the use of sustainable features such as green roofs and soakaways.　Aligned with the National Planning Policy Framework, they are intended to complement broader planning...
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