This content covers the key events in the contract lifecycle providing guidance and associated clauses to assist with contract formation, interpretation and management.
Practical checklists, example precedent clauses and Practice Notes for use in the negotiation, drafting and execution of commercial agreements. Detailed guidance on execution formalities for deeds and contracts for different entities including companies, partnerships, LLPs and overseas companies and guidance on execution under Scots law.
Supply of goods and services is a staple area of commercial law practice. Practice Notes help customers navigate the impact of various legislation in this area plus precedents with thorough drafting notes for various supply arrangements.
So you can be confident you're giving your clients accurate, up-to-date advice (even when you're out of your comfort zone). And with less time spent drafting and researching, you'll have more time to spend doing the work your clients really value.
Dispute Resolution analysis: A range of claims based on dishonesty and deliberate breach of duty have been struck out on the basis that they fell...
This week's edition of Commercial weekly highlights includes: news of the Court of Justice ruling in The Software Incubator Ltd v Computer Associates...
Commercial Law analysis: Partner at Fieldfisher, Gordon Drakes, considers the implications of section 233B of the Insolvency Act 1986 (IA 1986)....
TMT analysis: The Court of Justice has ruled that the electronic supply of computer software, licensed for an unlimited period in return for payment...
Commercial analysis: This case concerned the sale of two types of Chinese-manufactured facemasks by a Belgian defendant to a UK-based claimant. The...
Contract disputes—key and illustrative decisionsNOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use...
Contract interpretation—distinguishing between liquidated damages and penalty clausesLiquidated damages v penalties—when does the issue arise?Parties...
Limitation—tort claimsThis Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at...
Doing business in: ChileUpdated September 2021Chile is the most economically stable country within South America and, in terms of The World Bank, a...
Commercial News Analysis—Brexit toolkitIP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in...
Multi-sourcing (towers) agreementThis Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number...
Outsourcing agreement—long formThis Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number [company...
Managed services agreementThis Agreement is made on [date]Parties1[insert name of the Supplier], a company incorporated in [England and Wales] under...
Outsourcing agreement—short formThis Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number [company...
Heads of terms—commercial contractsThis Agreement is made on [date]Parties1[Insert name of party] [of OR a company incorporated in [England and Wales]...
Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...
Conditions precedent in commercial contractsThis Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It...
DeedsUnder English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...
Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...
Incoterms® 2020 Rules—CIP Carriage and insurance paid toThis Practice Note comprises the guidance note to the CIP Carriage and insurance paid to...
[ON HEADED NOTEPAPER OF PARTY A][Insert address of Party B][[Insert address of Guarantor]][Insert date]Dear [name of Party B][ and [name of...
Key differences in the law of contract between Scots and English lawScots contract law has in many ways become similar to its English counterpart...
Incoterms® 2020 Rules—CPT Carriage paid toThis Practice Note comprises the guidance note to the CPT Carriage paid to Incoterm in the Incoterms® 2020...
The EU Consumer Rights DirectiveThis Practice Note provides an overview of Directive 2011/83/EU (OJ L 304/64), the EU Consumer Rights Directive (EU...
AffirmationAffirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:•a repudiatory breach of...
1 Counterparts—agreement 1.1 This agreement may be signed in any number of separate counterparts, each of which when...
BailmentThis Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition...
Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
Option 1—contract signed on behalf of a company, where the authorised signatory is an individual Signed by [insert name of...
Requirements of the company sealThis Practice Note provides practical guidance regarding the requirements of the company seal. Where a company has a...
Private right of redress for consumersThis Practice Note summarises a consumer’s private right of redress for misleading and aggressive commercial...
SubcontractingThis Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting...
Incoterms® 2020 Rules—DPU Delivered at Place UnloadedThis Practice Note comprises the guidance note to the DPU Delivered at Place Unloaded Incoterm in...
A bank ‘base rate’ is a variable interest rate set by individual banks and used as a reference when lending to borrowers. Where a bank accesses funds from money deposited by customers or raised from other investors, its cost of lending is:
• the amount it must pay to its depositors or other investors to attract their business (eg the interest it offers to its customers), plus
• certain associated costs of lending (known as mandatory costs)
Banks use those amounts to determine their 'base rates' which they then use to benchmark the interest they charge to their borrowers.
The International Centre for Settlement of Investment Disputes, an arbitral institution, part of and funded by the World Bank Group, headquartered in Washington, DC, USA. ICSID was established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention).
Overage (or clawback) is a seller’s right to recover additional payment(s) from a buyer at some point in the future, usually after completion of a sale, often triggered by the occurrence of an event which increases the value of the land (eg the grant of planning or completion of development).
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