Commercial
Realising a commercial strategy usually involves a wide range of stakeholders, from suppliers to contractors and customers to regulators.
Ensuring that a customer proposition and underlying contracts are fit for purpose and don’t fall foul of commercial, consumer or competition laws requires sector-specific and overarching expertise, together with acute attention to detail.
From advising on ‘route to market’ strategies, such as agency, distribution, franchise and IP licensing through to business process outsourcing, sponsorship and consumer law (including regulatory investigations), we provide commercially savvy advice in a manner that helps you to cut through the complexities, manage risk and achieve your goals.
We can help to achieve ‘win-win' outcomes for clients and counterparties. We communicate clearly and succinctly. We will tell you if something is ‘market’ or not, and we don’t shy away from numbers. We will tailor our service to your needs, which might mean an end-to-end service on a complex project or a simple ‘red flag’ report of key risks. We stand out from many other law firms in having specialist commercial and consumer law experts whose deep experience is sector-specific and spans advising blue chip multi-nationals, start-ups, high growth businesses and investors.
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Fail to cooperate at your peril! Court finds that contracting party’s conduct was a repudiatory breach of an implied duty to cooperate
04 June 2019In a recent case, the court implied a duty to cooperate where close collaboration between the parties was required to perform the contract. The Court also found that one party’s failure to cooperate was a repudiatory breach that the counterparty could rely on in treating the contract as terminated.
Court of Appeal sets high bar for parties defending fraudulent misrepresentation claims and dismisses attempt to broaden transferred loss principle
21 May 2019The Court of Appeal has confirmed the presumption of inducement in cases of fraudulent misrepresentation will be “very difficult” to rebut and rejected a Claimant’s attempt to recover the loss of its subcontracting sister company via the “transferred loss” principle.
Contract law update: Recent developments and practical tips
03 May 2019On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.
Government’s “porn block” roll out delayed
01 April 2019Two weeks ago we commented on the anticipated introduction of age verification controls on porn sites which were due to come into force today. It is now understood that the implementation of these controls has been delayed, with some media outlets reporting that an official announcement is expected this week.
Programmatically Speaking
28 March 2019What does this year and next hold in store for the sellers and buyers of digital advertising inventory and those in between?
Technology, Customer Authentication and PSD2: payment service providers (and retailers) - are you ready?
25 March 2019Apparently, we will, globally, spend some $4.9 trillion in e-Commerce transactions by 2021. Smartphones generated over 42% of eCommerce revenues in 2018 and there has been a ten-fold increase in biometric smartphones in the last two years. However, against the backdrop of our increasing transactional reliance on smartphones and other mobile devices, e-Commerce fraud increased by 33% in 2016. This put pressure on the EU to keep up with the way in which we shop and to enhance consumer protection by reducing the potential for fraud.
Social media platforms under increasing pressure to protect users from harm
21 March 2019For many of us, using social media has become an integral part of life. However we are increasingly aware of the impact of social media on mental health and the harm that can be caused from exposure to certain content which is easily accessible online, as well as the harm that can be caused from misuse of personal data and data breaches. Access to content promoting terrorism and the increasing prevalence of ‘fake news’ and hate speech have all made headlines recently.