Roddy Forgie

Associate (Trade and Commerce), Shepherd and Wedderburn

Roddy is an associate in the Trade and Commerce team at Shepherd and Wedderburn. He specialises in negotiating and advising on domestic and cross-border commercial contracts, with particular experience in the technology, energy and sport sectors. He regularly advises on outsourcing projects, services agreements and contracts for the sale of goods, collaboration agreements, licence agreements and consumer contracts. He has wider experience advising on trade controls, including import and export sanctions.

Contributed to

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Key differences in the law of contract between Scots and English law

Practice Notes

This Practice Note considers Scots contract law and highlights key differences between the law in Scotland and the laws of England and Wales. In particular, the Practice Note covers the formation of contracts, rights that exist under contracts (including the rights of third parties) and the enforcement of rights following a breach of contract.

Commercial

Novation agreement—Scotland

Precedents

This Agreement is [made on [date] OR delivered on [date]].Parties1[Insert name of party] [of OR a company incorporated in [Scotland] under number [insert registered number] whose registered office is at] [insert address] (Outgoing Party); and2[insert name of party] [of OR a company incorporated in [Scotland] under number [insert registered number] whose registered office is at] [insert address] (Incoming Party); and3[insert name of party] [of OR a company incorporated in [Scotland] under number [insert registered number] whose registered office is at] [insert address] (Remaining Party),each of the Outgoing Party, Incoming Party and Remaining Party being a party and together the Outgoing Party, Incoming Party and Remaining Party are the parties.BACKGROUND(A)The Outgoing Party wishes to transfer, by way of novation, its rights and obligations under the Original Contract (as defined below) to the Incoming Party, in accordance with this Agreement.(B)The Outgoing Party wishes to be released and discharged from its[ future] obligations and liabilities under the Original Contract.(C)The Remaining Party agrees to release and discharge the Outgoing Party from

Commercial