Outsourcing

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Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

The following Banking & Finance news provides comprehensive and up to date legal information on Agency—undisclosed commission—recission—whether fiduciary relationship required (Wood v Commercial First Business)

Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

The following Commercial news provides comprehensive and up to date legal information on Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

The following Commercial news provides comprehensive and up to date legal information on Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Featured Commercial content

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

Joint, several, and joint and several liability

ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...

Repudiation

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

Nature and types of agency

BrexitAs of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

Practice notes

Agreements to agree

This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...

9th Nov

Practice notes

Bailment

This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...

Produced in partnership with Quentin Tannock of 4 Pump Court 12th Jan

Practice notes

Digital Content Directive—summary

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Carriage of goods by sea—charterparties

This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Practice notes

Information society services and e-commerce

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Practice notes

Wilful misconduct and deliberate default in commercial contracts

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in...

Produced in partnership with Tim Wright of Fladgate 12th Jan

In-house

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

9th Nov

COVID-19

In-house

Precedents

Consignment stock agreement—pro-supplier

DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...

Produced in partnership with Paul de Vince and Jagdeep Singh of Gateley Plc 12th Jan

Practice notes

Agent and principal relationships with third parties

This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s...

9th Nov

Precedents

Business continuity clause

Definition—Business Continuity Event Business Continuity Event means an event (whether a natural or man-made phenomenon or...

9th Nov

COVID-19

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

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...

9th Nov

In-house

Practice notes

Carriage of goods by air

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the...

Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court 12th Jan

Practice notes

Agency and distribution compared

BrexitBrexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement,...

9th Nov

Practice notes

Private right of redress for consumers

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

9th Nov

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Most recent Outsourcing content

Precedents

Outsourcing agreement—long form

This Agreement is made on [date]Parties1[Customer] a company incorporated in [England] with registered number [company number], whose registered...

9th Apr

In-house

Precedents

Multi-sourcing (towers) agreement

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Kit Burden of DLA Piper 9th Apr

Practice notes

Central government outsourcing—Fair Deal 2013 and pensions

Special provisions normally apply to ensure a minimum level of pension protection for employees whose employment compulsorily transfers from central...

Produced in partnership with Paul Carney of Shoosmiths 9th Apr

Practice notes

TUPE and Beckmann issues in a private sector outsourcing

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESAutomatic statutory transfer of terms and conditions of employmentIn a private...

Produced in partnership with Dentons 9th Apr

Practice notes

Local government outsourcing—the pension issues

The Best Value DirectionThe government’s ‘Fair Deal’ policy was first introduced in 1999 and set out how pensions issues should be dealt with when...

Produced in partnership with Gary Delderfield of Eversheds Sutherland 9th Apr

Practice notes

Key pension issues in a private sector outsourcing

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL AND PERSONAL PENSION SCHEMESThe nature of an outsourcingOutsourcing involves an organisation entering into...

Produced in partnership with Dentons 9th Apr

Practice notes

Outsourcing in the insurance sector

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

9th Apr

In-house

Practice notes

Charging models in outsourcing

This Practice Note considers the following key issues in relation to outsourcing charging models:•Initial considerations•Fixed price model•Time and...

Produced in partnership with Richard Stephens and Oscar Rowlands 9th Apr

Practice notes

Data centre outsourcing

A data centre is a facility that houses computer and communications equipment. This Practice Note covers the following key issues:•Security•Personal...

Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 9th Apr

Practice notes

Benchmarking in outsourcing

Benchmarking is the process by which the services of an existing outsourcing supplier are compared to the same or similar services of other...

9th Apr

In-house

Practice notes

Key issues in IT outsourcing

IT outsourcing is the transfer of information technology processes or services by a customer to a third party supplier, instead of the customer...

Produced in partnership with Paul Silver of CMS 9th Apr

Practice notes

Service description schedules in outsourcing

The services description schedule to an outsourcing agreement sets out the scope and extent of the services to be provided by the supplier to its...

9th Apr

Practice notes

The 'best value' dimension to outsourcing

The best value duty (BVD) was introduced by the Local Government Act 1999 (LGA 1999). That remains the governing legislation although it has been...

Produced in partnership with Rachel Barrett of Cloisters 9th Apr

Practice notes

Transition in outsourcing

Transition is a key stage in the outsourcing process under which certain business functions are migrated to the new provider.This Practice Note...

9th Apr

Practice notes

Business continuity and disaster recovery in outsourcing

It is important for a business to have appropriate measures in place to ensure that it can continue to operate in the event of a disruption or...

9th Apr

Practice notes

Governance and reporting in outsourcing

Outsourcing agreements usually last for a number of years and require close collaboration between the supplier and the customer throughout the term....

9th Apr

Practice notes

Limitation of liability in outsourcing

This Practice Note identifies and explains key considerations relevant to negotiating and drafting limitation of liability clauses in outsourcing...

9th Apr

Practice notes

Outsourcing remedies—step-in rights, service credits, liquidated damages and termination

This Practice Note explains the remedies of step-in rights, service credits, liquidated damages and termination, as these apply to IT outsourcing...

9th Apr

In-house

Practice notes

Customer responsibilities and dependencies

Customer responsibilities are obligations placed on the customer in an outsourcing or other services agreement which are necessary for the supplier to...

9th Apr

Practice notes