Outsourcing

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Latest Commercial News

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

The following Commercial news provides comprehensive and up to date legal information on Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

The following Commercial news provides comprehensive and up to date legal information on A review of the position six months on from the Supreme Court’s decision in the FCA Business Interruption Insurance Test Case (FCA v Arch)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

The following Commercial news provides comprehensive and up to date legal information on A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

TCC grants AA 1996, s 9 stay applying the presumption in favour of ‘one stop adjudication’ in multi-contract scenario (Surrey County Council v Suez Recycling and Recovery Surrey)

Featured Commercial content

Fiduciary Duties

Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...

Repudiation

RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes...

Mistake in contract law

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 to

Incoterms® 2020 Rules—CIP Carriage and insurance paid toThis Practice Note comprises the guidance note to the CIP Carriage and insurance paid to...

Practice notes

Contract variation

Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a...

19th May

In-house

Practice notes

Carriage of goods by sea—the Hague-Visby Rules

Carriage of goods by sea—the Hague-Visby RulesThis Practice Note explains the Hague-Visby Rules (the Rules) which are an international convention...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 19th May

Practice notes

Incoterms® 2020 Rules—DAP Delivered at place

Incoterms® 2020 Rules—DAP Delivered at placeThis Practice Note comprises the guidance note to the DAP Delivered at place Incoterm in the Incoterms®...

19th May

Practice notes

Agreements to agree

Agreements to agreeThis Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has...

19th May

Q&As

Can a contract that has expired be reactivated by the parties agreeing to extend it? What would be the formalities for extending an expired contract and are there any time limits on reactivating the contract?

Can a contract that has expired be reactivated by the parties agreeing to extend it? What would be the formalities for extending an expired contract...

Produced in partnership with Leigh Callaway of Fladgate 19th May

Practice notes

Nature and types of agency

Nature and types of agencyThis Practice Note is an introduction to agency. It describes the essentials of the agency relationship between the...

19th May

Precedents

Force majeure clause

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also: • Coronavirus (COVID-19)...

19th May

COVID-19

In-house

Precedents

Letter of variation

[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...

19th May

In-house

Practice notes

Incoterms® 2020 Rules—CPT Carriage paid to

Incoterms® 2020 Rules—CPT Carriage paid toThis Practice Note comprises the guidance note to the CPT Carriage paid to Incoterm in the Incoterms® 2020...

19th May

Practice notes

Affirmation

AffirmationAffirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:•a repudiatory breach of...

19th May

Precedents

Counterparts clause

1 Counterparts—agreement 1.1 This agreement may be signed in any number of separate counterparts, each of which when...

19th May

In-house

Practice notes

Requirements of the company seal

Requirements of the company sealThis Practice Note provides practical guidance regarding the requirements of the company seal. Where a company has a...

19th May

Practice notes

Private right of redress for consumers

Private right of redress for consumersThis Practice Note summarises a consumer’s private right of redress for misleading and aggressive commercial...

19th May

Practice notes

Carriage of goods by sea—charterparties

Carriage of goods by sea—charterpartiesThis Practice Note explains the law relating to charterparties in the context of an arrangement for the...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 19th May

Precedents

Deed of release and waiver

This Deed is made on [date]Parties1[insert name of Party A], a company incorporated in England and Wales with registered number [insert company...

19th May

In-house

Precedents

Variation agreement

This Agreement is made on [date]Parties1[insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered...

19th May

In-house

Most recent Outsourcing content

Precedents

Multi-sourcing (towers) agreement

Multi-sourcing (towers) agreementThis Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number...

Produced in partnership with Kit Burden of DLA Piper 25th Jul

Precedents

Outsourcing agreement—short form

Outsourcing agreement—short formThis Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number [company...

Produced in partnership with Toby Crick of Bristows and Adrian Sim of Bristows 25th Jul

In-house

Precedents

Project Initiation Document (PID)—template

Project Initiation Document (PID)—templateProject Name: [insert]Project Details: [insert]Project Manager: [insert]Start Date: [insert]Completion Date:...

Produced in partnership with Paul O’Hare, Partner and Chris Hill, Associate of Kemp Little 25th Jul

Precedents

Benchmarking schedule

Benchmarking scheduleSchedule—Benchmarking1Introduction1.1This Schedule describes the processes and procedure for benchmarking the Supplier’s...

25th Jul

Precedents

Outsourcing due diligence record

Outsourcing due diligence recordDescription of proposed outsourcing services[State nature of services customer proposes to outsource, eg typing of...

25th Jul

Practice notes

Business continuity and disaster recovery in outsourcing

Business continuity and disaster recovery in outsourcingIt is important for a business to have appropriate measures in place to ensure that it can...

25th Jul

Practice notes

Intellectual property in outsourcing

Intellectual property in outsourcingIntellectual property rights (IPR) can often become points of contention during outsourcing contract negotiations....

Produced in partnership with Adrian Sim of Bristows and Toby Crick of Bristows 25th Jul

Practice notes

Subcontracting in major technology services deals—the contract process

Subcontracting in major technology services deals—the contract processThe prime/subcontractor modelIn order to provide a full range of IT services to...

Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 25th Jul

Precedents

Service description schedule

Service description scheduleSchedule—Service description1Introduction1.1This Schedule describes the services to be supplied to the Customer and its...

25th Jul

Practice notes

International outsourcing

International outsourcingThis Practice Note considers the following key issues specific to multinational or offshore outsourcing arrangements:•Initial...

Produced in partnership with Paul O’Hare, Partner and Kathryn Dooks, Partner of Kemp Little and Mike Cashman, Partner of Dorsey & Whitney LLP 25th Jul

Practice notes

Record retention and audit in outsourcing

Record retention and audit in outsourcingThe expression of audit rights in a contract, and the requirement to maintain records relating to that...

25th Jul

Practice notes

Outsourcing life cycle

Outsourcing life cycleThis Practice Note introduces outsourcing deals and covers the following aspects of the life cycle of the typical outsourcing...

Produced in partnership with Bristows 25th Jul

Practice notes

Due diligence in outsourcing

Due diligence in outsourcingDue diligence is the name given to the process by which the factual and legal background to a transaction is collated and...

Produced in partnership with Bristows 25th Jul

Practice notes

Personal data sharing between controllers

Personal data sharing between controllersThis Practice Note explores issues and best practice relating to the sharing of personal data between...

25th Jul

Precedents

Outsourcing agreement—long form

Outsourcing agreement—long formThis Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number [company...

25th Jul

In-house

Practice notes

IT outsourcing—transition and termination issues

IT outsourcing—transition and termination issuesThis Practice Note identifies and explains key legal and practical issues relevant to the termination...

25th Jul

Precedents

Transition schedule

Transition scheduleSchedule—Transition1Introduction1.1This Schedule describes how the Services will be transferred from the Customer to the Supplier...

25th Jul

Precedents

Insurance outsourcing clauses

Insurance outsourcing clausesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...

Produced in partnership with Alistair Mitton and Imogen Armstrong of Womble Bond Dickinson 25th Jul

Practice notes

The 'best value' dimension to outsourcing

The 'best value' dimension to outsourcingThe best value duty (BVD) was introduced by the Local Government Act 1999 (LGA 1999). That remains the...

Produced in partnership with Rachel Barrett of Cloisters 25th Jul

Practice notes

Outsourcing—key terms

Outsourcing—key termsOutsourcing is the appointment of a third party supplier to manage certain business processes, functions or responsibilities that...

25th Jul

In-house