Helping you deliver watertight contracts. We cover the contract lifecycle from negotiation to termination. Providing guidance and precedents to assist with all aspects of contract management.
Offering a wealth of practical drafting and negotiating checklists, precedent contract clauses and practice notes to help you confidently negotiate, draft and execute robust commercial agreements.
Our supplier management tools and guidance help you build resilient supply chains. Assisting with supplier selection, the procurement of goods and services, sustainability, compliance and more.
Whether you have a broad or niche commercial practice, staying on top of ongoing developments is a challenge. Our weekly highlights and topic trackers keep you up to date with all the latest developments.
Commercial analysis: Is it possible to manage or reduce product returns by driving consumer behaviour, through behaviour-based pricing and by imposing...
This week’s edition of Commercial weekly highlights includes: a Court of Appeal decision in Textor v Iconic Sports Eagle Investment LLC concerning...
Arbitration analysis: In Petroleum Exploration (PVT) Ltd v Frontier Holdings Ltd and another , the Commercial Court dismissed a section 67 challenge...
Commercial analysis: A trade mark licence which was expressed to ‘continue indefinitely’ was not to be construed as being in perpetuity or incapable...
Two complains were received by the Advertising Standards Authority (ASA) concerning nutrition-related claims made in advertisements for alcoholic...
Part 26A restructuring plans (RPs) have been available from 26 June 2020 under the Corporate Insolvency and Governance Act 2020 (CIGA 2020). CIGA...
This Practice Note provides a high-level summary of key themes of divergence between the UK and EU in relation to product regulation that have arisen...
Private M&A transactions, whether they be for the sale and purchase of a company or a business, are concluded by way of an exchange (or signing) of...
This Practice Note introduces the UK’s Data Protection Act 2018 (DPA 2018).For higher-level introductions to data protection law in the UK, see...
This new starter guide provides an introduction to design rights. It focuses on highlighting the basic principles that apply and includes numerous...
The Directors[insert target company name] (the Company)[insert target company registered office address][insert day and month] 20[insert year]Dear...
This Agreement is made on [date]Parties1[insert name of supplier] [of OR trading as [insert trading name] of OR a company incorporated in [England and...
1Definitions[Customer’s Representatives•means the individual (or individuals) identified as such in [insert schedule];]Key Personnel•means the...
This Agreement is made on [date]Parties1[insert name of supplier] [of OR trading as [insert trading name] of OR a company incorporated in [England and...
This Agreement is made on [date]Parties1[insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered...
Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...
RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes...
Agent and principal relationships with third partiesThis Practice Note deals with the relationships arising between principals, agents and third...
Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...
Contracts required to be in writingThis Practice Note considers the specific situations where a contract is required by law to be in writing:...
SubcontractingThis Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting...
Waiver and releaseDefining waiverIn the law of contract, the term ‘waiver’ may have different meanings but is most commonly used to denote the...
Nature and types of agencyThis Practice Note is an introduction to agency. It describes the essentials of the agency relationship between the...
Termination and expiry of contractsThis Practice Note provides an overview of contract expiry and of the different causes of termination and ways to...
Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by...
Agreements to agreeThis Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has...
Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a...
Electronic signaturesAn electronic signature is the electronic equivalent of a handwritten signature and links a person to the contents of an...
Over and above general spite, a dishonest or improper motive as part of a dominant desire to injure the reputation of a person who is the subject of a defamatory comment. Malice, if shown, can deprive a defendant to a defamation claim of the ability to rely on the defences of honest comment or qualified privilege.
A repudiatory breach is a breach of contract that goes to the very core of the contract and gives the innocent party the right to treat the contract as being disregarded and entitling the innocent party to refuse to be bound by its terms.
The Sale of Goods Act 1979, ss 17, 19 provide for a right to retain title to goods. This can be done by inserting a retention of title clause into the contract for sale whereby the passing of the title in the goods supplied under the contract is made subject to the buyer paying the full purchase price for the goods. Also known as a Romalpa clause.