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PRACTICE NOTES
This note offers practical guidance and tips for in-house lawyers on how to build and improve relationships within the legal team by way of better coordination of effort and work allocation, improving consistency and encouraging better sharing of resources. A popular operating model is for each in-house lawyer to be the account manager for a group of business colleagues or a business area, acting as the first point of contact for incoming work. The account manager should be supported by another member of the team, to whom work is passed regularly so that they can gain a similar level of familiarity as the account manager. This model has a number of advantages which are set out in Practice Note: Boosting quality, productivity and transparency within the legal team. Clearly you can only operate this model if the head of the team adopts it, but to the extent possible you should be working collaboratively with colleagues. See Practice Note: Supporting legal colleagues and sharing know-how. The secret to collaboration is
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at OR [insert address] ([Party A]); and 2 [insert name] of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] ([Party B]); and (together the Parties and each a Party) Background (A) [Party A] carries on the business of [insert description of Party A’s business]. (B) [Party B] carries on the business of [insert description of Party A’s business]. (C) The Parties have agreed to collaborate in a programme of research and development work in relation to [insert details] and share between them certain of their respective costs and expenses subject to and in accordance with the terms and conditions of this Agreement. [This Agreement is supplemental to the Confidentiality Agreement (as defined below) which, notwithstanding this Agreement shall remain in full force and effect in accordance with its terms.] The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, one of the
GLOSSARY
The collaborative process involves the instruction by each party of a collaborative lawyer and the entering into of a collaborative participation agreement.
GLOSSARY
See Contractual joint venture.
PRACTICE NOTES
This Practice Note sets out the features of the collaborative process, factors to be taken into account when assessing the suitability of the process, the role of collaborative solicitors and the steps to be taken at each stage of the process. Features The collaborative process involves the instruction by each party of a collaborative lawyer and the entering into of a collaborative participation agreement. There are no adversarial court proceedings. The parties sign a disqualification clause indicating that if they are unable to agree matters and issue proceedings, they will dispense with the services of their current lawyers and instruct new lawyers. In addition: • the collaborative agreement confirms that the parties will negotiate in good faith and in a transparent and open way • the issues are often resolved in face-to-face meetings (called a four-way meeting) with both the parties and their solicitors present • correspondence will generally be kept to a minimum The collaborative process is a general holistic approach where the parties and their lawyers may also work with other professionals
GLOSSARY
An agreement entered into by the parties whereby they agree to resolve issues via the collaborative process.
GLOSSARY
A non-adversarial process enabling a couple (typically spouses or civil partners) to resolve matters without court intervention.
PRACTICE NOTES
STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. This Practice Note is a short introduction to the legal considerations that arise when public bodies join together to buy goods and services. It provides a summary overview of different approaches to collaborative procurement. While there are many benefits of such
NEWS
Law360: The liquidators of a pension fund said they have clawed back £1.9m as part of their long-running quest to recover many millions of pounds of investors' pension savings lost to an elaborate fraud.
GLOSSARY
An investment strategy obtained through a combination of put and call options.
GLOSSARY
Assets put up as security to protect a tender in case the borrower defaults.
NEWS
The Financial Conduct Authority’s (FCA) General Counsel and Chief Risk Officer, Stephen Braviner Roman, wrote to Dame Meg Hillier MP, Chair of the Treasury Committee, regarding the collapse of Collateral (UK) Ltd, a company that falsely claimed FCA authorisation. The letter addresses investor complaints about significant financial losses and acknowledges the FCA's delayed response to concerns, offering an apology and compensation.