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...

Malicious falsehood

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...

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...

Practice notes

The commercialisation of sport

Sport has become a big business. It is now widely recognised not only as a pastime or recreation but as an industry in its own right. However, as a...

Produced in partnership with Craig Giles of Bird & Bird 9th Nov

Practice notes

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...

9th Nov

Precedents

Modern slavery: contract clauses

1DefinitionsModern Slavery Policy•means the Customer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the...

9th Nov

In-house

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

Defamation—defences

DefencesThere are a number of substantive defences to a defamation claim, the majority of which are now, since the Defamation Act 2013 (DA 2013),...

Produced in partnership with 5RB 9th Nov

In-house

Practice notes

Uniform Domain Name Dispute Resolution Policy (UDRP) process

This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...

Produced in partnership with Emily Taylor of Oxford Information Labs 9th Nov

Practice notes

Autonomous vehicles—key legal issues

This Practice Note considers the following issues in relation to the development and use of autonomous and connected vehicles (also referred to as...

Produced in partnership with Lucy McCormick of Henderson Chambers 9th Nov

Practice notes

Sub-licensing intellectual property rights

An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...

Produced in partnership with Jessica Stretch 9th Nov

In-house

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...

9th Nov

Brexit

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

Practice notes

GNU General Public License (GPL) 2.0—commentary

Although its popularity has declined in recent years in favour of permissive licences such as MIT, a significant amount of software remains licensed...

9th Nov

Practice notes

Applications for interim injunctions for breaches of privacy

This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies.Coronavirus...

Produced in partnership with Ben Gallop and Lily Walker-Parr of 5RB and Daniel Bishop 9th Nov

Practice notes

Preparing a UDRP complaint—before you start

This Practice Note covers the considerations to be taken into account before drafting a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint...

Produced in partnership with Emily Taylor of Oxford Information Labs 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—short form employment (TUPE) provisions

1Definitions1.1Affiliate•with respect to any entity, means any other entity Controlling, Controlled by or under common Control with such...

Produced in partnership with Blair Adams of Winckworth Sherwood LLP 5th Dec

In-house

Precedents

Outsourcing agreement—long form employment (TUPE) provisions

1Definitions1.1Affiliates•with respect to any entity, any other entity Controlling, Controlled by or under common Control with such entity;Assigned...

Produced in partnership with Blair Adams of Winckworth Sherwood LLP 5th Dec

In-house

Practice notes

Outsourcing—employment issues

This Practice Note considers the key employment law issues which may arise when drafting and negotiating outsourcing arrangements, focusing in...

Produced in partnership with David Williams and James Champness of Kemp Little 5th Dec

In-house

Practice notes

TUPE—public sector transfers

This Practice Note provides guidance on how the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) apply to...

5th Dec

Q&As

What do gross negligence, wilful misconduct and deliberate default mean in commercial law?

The parties to commercial contracts sometimes agree that exclusion and limitation of liability provisions will not apply if one of the parties has...

3rd Dec

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