Outsourcing

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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...

Conditions precedent in commercial contracts

This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent...

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

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...

Practice notes

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...

9th Nov

In-house

Practice notes

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...

9th Nov

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

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 9th Nov

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 9th Nov

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 9th Nov

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

Deed of release and waiver

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

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 9th Nov

Precedents

Short form letter of assignment

[On headed notepaper of the assignor]To: [Insert name and address of Assignee][Insert date]Dear [insert name of Assignee]Assignment of contractWe...

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

Practice notes

Personal data sharing between controllers

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

2nd Dec

Practice notes

Outsourcing and data protection

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...

Produced in partnership with Marina Paul 2nd Dec

Practice notes

Outsourcing—general tax issues

What is outsourcing?Outsourcing is an arrangement whereby one company provides services to another company that could be, or usually have been,...

29th Nov

Practice notes

Outsourcing and VAT

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

29th Nov

Precedents

Project Initiation Document (PID)—template

Project Name: [insert]Project Details: [insert]Project Manager: [insert]Start Date: [insert]Completion Date: [insert]1Document and Stakeholder...

Produced in partnership with Paul O’Hare, Partner and Chris Hill, Associate of Kemp Little 29th Nov

Precedents

Interim outsourcing agreement

This Agreement is made on [insert date] (the Commencement Date) between the following parties (each a party and together the parties):Parties1[insert...

29th Nov

Precedents

Parent company guarantee

This Deed (Guarantee) is made on [date]Parties1[insert name of supplier parent company] a company incorporated in [England and Wales] whose registered...

29th Nov

In-house

Precedents

Human rights clause for public sector contracts

1Human Rights1.1The Supplier shall, and shall use reasonable endeavours to procure that its staff, agents and subcontractors shall at all times comply...

Produced in partnership with Michael Winder of Brabners LLP 29th Nov

Q&As

Is there any guidance on how the courts treat key performance indicators set by public authorities in contracts tendered under the EU public procurement rules?

This Q&A only considers the position regarding an above-threshold public contract tendered under the Public Contracts Regulations (PCR 2015), SI...

29th Nov

Practice notes

Record retention and audit in outsourcing

The expression of audit rights in a contract, and the requirement to maintain records relating to that contract in a particular manner, are an...

29th Nov

Precedents

Multi-sourcing (towers) agreement

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

Produced in partnership with Kit Burden of DLA Piper 29th Nov

Precedents

Benchmarking schedule

Schedule—Benchmarking1Introduction1.1This Schedule describes the processes and procedure for benchmarking the Supplier’s services.1.2In this Schedule,...

29th Nov

Precedents

Invitation to tender—template

1Introduction1.1Invitation to tenderThis is an invitation to tender to provide the Services in accordance with [insert organisation’s name]’s...

29th Nov

Precedents

Letter of intent—outsourcing services

Strictly private and confidentialTo: [Insert legal name of customer organisation] (a company registered in [insert], with company registration number...

29th Nov

In-house

Precedents

Offshore IT outsourcing—training materials

These training materials consist of template PowerPoint slides that can be used as the basis of one or more training seminars on the principal areas...

29th Nov

Precedents

Operational level agreement

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

Produced in partnership with Carolyn Burbridge of William Grace 29th Nov

Precedents

Service description schedule

Schedule—Service description1Introduction1.1This Schedule describes the services to be supplied to the Customer and its Affiliates under the terms of...

29th Nov

Precedents

Outsourcing—contract management audit record

Description of outsourced services[State nature of services, eg data entry]Outsourcing supplier[Identify the outsourcing supplier to which this record...

29th Nov

Precedents