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.
You can view our latest two Commercial blog posts below and our full blog here.
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UK product certification post Brexit
11 May 2021A consequence of the UK leaving the EU which has perhaps attracted less attention than other areas, such as border checks, is the new regime for product certification. Under EU law, many products must carry the CE mark to show that they are safe and comply with relevant laws.
Did contractual dispute resolution clauses have immunity from the effects of Covid-19 and the lockdown restrictions?
09 April 2021As businesses plan to recommence operations, they must consider the legal implications of any action taken or contemplated to preserve contracts and business relationships and be alive to the potential consequences of action threatened or taken by other contracting parties. The actual or perceived amenable approach taken by some during the pressure of lockdown may quickly evaporate as the country returns to some sort of normality. This combined with economic uncertainty is likely to result in an increase in disputes.
Under pressure: what kind of pressure makes a contract unenforceable?
09 April 2021Even as lockdown eases, multiple periods of restrictions over a sustained period and the wider economic impact of the COVID-19 pandemic have made the performance of many commercial contracts very difficult, if not impossible. As a result, some parties have sought to avoid their obligations altogether, whilst others may seek to amend them as they begin their post-lockdown operations.
But you promised! Even without a written contract, promises can be enforced and rights given up.
09 April 2021Broken promises in commercial life can leave businesses in real difficulties. That feels particularly unfair when a party’s only mistake was to take the other at its word. Which is why in the normal course of things businesses should have written contracts to remove risk and uncertainty.
Will a court force a party to perform its contractual obligations?
09 April 2021As businesses start to get back to some kind of normality, they must be alive to their options if faced with a counterparty unable to comply with its contractual obligations in an uncertain economy. The usual remedy in such a scenario would be for the innocent party to sue the defaulting party for the loss and damage suffered as a result of the other party’s failure to fulfil its obligations.
Can a contract be terminated if the effects of COVID-19 have prevented performance?
09 April 2021The COVID-19 pandemic has had a significant impact on businesses worldwide. Lockdown, restrictions, disruption to supply chains, increased pressure on cashflow and reduced capacity have all affected the ability of businesses to fulfil contractual obligations. Despite best efforts to co-operate, preserve contracts and maintain business relationships, as we emerge from lockdown and gradually return to some sort of normality, many will find themselves in a position where their counterparty remains unable to perform its obligations and will be in breach of contract.
Lewis Silkin promotes three to partner across Employment and Commercial practices
01 April 2021Leading law firm Lewis Silkin today announces the promotion of David Samuels, David Hopper and Alan Hunt to its partnership, adding further strength to the firm’s market-leading Employment and Commercial practices.