Commercial Law Practice: An Expert Guide

This easy-to-read guide contains contributions from experts and practitioners of commercial law, who each provide guidance on the latest legislative changes affecting UK businesses, and practical advice on key issues commercial lawyers encounter in their day-to-day practice. The guide also provides tips on important activities for the firm or practice as a whole, such as marketing and business development and project management.

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Details

  • Publication date: April, 2015
  • Pages: 100
  • ISBN: 9781783581955
  • This book will develop SRA competency:

Description

Lawyers who focus on commercial and contract law are responsible for guiding business leaders and managing commercial deals. As such, they have a huge impact on the business landscape. It essential, therefore, that practitioners keep up to date with the latest regulations and developments affecting their clients and their practice. This easy-to-read guide contains contributions from experts and practitioners of commercial law, who each provide guidance on the latest legislative changes affecting UK businesses, and practical advice on key issues commercial lawyers encounter in their day-to-day practice. The guide also provides tips on important activities for the firm or practice as a whole, such as marketing and business development and project managemen
 

This is a multi-contributor book which draws on the experience of a range of well-respected experts and practitioners. Each contributor focuses in detail on a current issue and provides practical advice and tips that will help those departments to survive and thrive. Commercial Law Practice also provides a quick reference overall guide for commercial teams to refer to in order to benchmark their current processes and knowledge and ensure they are well placed to deal with market challenges. This report provides advice on key topics of interest to commercial lawyers, including insolvency, contract interpretation, outsourcing, intellectual property. This report discusses the latest regulations, legislation, and guidance relating to commercial work, including: the Small Business, Enterprise, and Employment Act, the Deregulation Act, (upcoming) EU Data Protection Regulation,  Insolvency Rules, Practical guidance on marketing/BD and project management targeted at commercial law practices/departments is also included in this book. 

Contents

Trust and transparency
By Debbie King, partner at Farleys Solicitors LLP
Information on beneficial ownership

  • Bearer shares
  • Corporate directors
  • Filing requirements
  • Changes to the directors’ disqualification regime
  • Conclusion

Top tips about insolvency for the commercial lawyer
By Stephen Allinson, consultant and licensed insolvency practitioner at
Lester Aldridge, Solicitors

  • The present state of the market
  • The test of insolvency
  • Administrations and pre-packs
  • A new look statement of insolvency practice (SIP) 16
  • Fee issues
  • More reform

Has data protection just gotten trickier?
Dr C. N. M. Pounder, director at Amberhawk Training Limited

  • What is a regulation?
  • Transparency and consent is more important
  • Marketing with consent
  • Security, data processors, and data loss
  • Overseas transfers
  • Codes of conduct
  • Fines and penalties
  • Documentation and notification
  • Conclusion: A three-step action plan

A practical guide to adjudication
By Darryl Royce, barrister at Atkin Chambers in Gray’s Inn

  • What is adjudication?
  • The contracts affected by statutory adjudication
  • Purpose of the statutory adjudication process
  • The procedure
  • Challenges and participation in the adjudication
  • Getting your tackle in order – A checklist
  • Conduct of the adjudication
  • Enforcement
  • General advice

A step-by-step guide to due diligence
By Harry Dronfield, associate solicitor at Rollingsons Solicitors Ltd

  • Buyer beware
  • Stages of due diligence
  • Summary

Outsourcing contracts: An examination of the more challenging issues
By Sam De Silva, partner – head of IT & Outsourcing at Penningtons Manches

  • Introduction to step-in
  • When are step-in rights appropriate?
  • When should the customer be entitled to step in?
  • What should happen at the end of a step-in period?
  • How can the effect of step-in rights be minimised for the service provider?
  • Customer’s argument for step-in rights and the typical service provider response
  • The pragmatic approach
  • Introduction to benchmarking
  • Cost structure
  • Revisiting service levels/service delivery
  • Comparing ‘apples to apples’
  • Behaviour of the service provider
  • Representative sample
  • Frequency of benchmarks
  • Timing of first benchmark
  • Involvement of the benchmarker?
  • Benchmarking report
  • Who bears the cost of changes in law?
  • The customer’s interests
  • Service provider’s interests
  • Mutual interests
  • Three kinds of laws
  • The ‘How’, ‘When’, and ‘Why’ of compliance
  • Common concerns of the customer
  • Summary

Drafting trans-Atlantic IP agreements: Legal differences to watch out for
By Lorna Brazell, partner at Osborne Clarke

  • Patents
  • Trade secrets
  • Copyright
  • Trademarks
  • Conclusions

Sentences without meaning: How to interpret commercial contracts
By Mark Lucas, partner at Barlow Robbins LLP

  • How to draft clearly
  • How do you interpret a commercial contract?
  • A shift in approach, from literal to commercial
  • Ambiguous provisions?
  • Chartbrook
  • Other examples of ambiguous wording
  • Rainy Sky v Kookmin
  • Interpretation of commercial contracts in summary
  • Practical lessons for draftsmen of contracts
  • Conclusion

For clearer contracts, choose ‘active drafting’ over ‘passive drafting’
By Kenneth A. Adams, consultant, writer, and speaker on contract drafting

  • Uncritical copying
  • Dysfunctional language
  • Elements of passive drafting
  • Elements of active drafting
  • Effecting change

Marketing and business development strategies for commercial lawyers
By Douglas McPherson, director of Size 10½ Boots

  • Defining your service offering
  • Packaging your ‘product’
  • Targeting your market

Project management – The business approach to running matters
By Martin Richardson, principal consultant at MJR Consulting

  • The project and the client
  • The project team
  • Project tools and techniques
  • And finally
Download chapters

Authors

Debbie King
Partner, Farleys Solicitors LLP
Stephen Allinson
Consultant and licensed insolvency practitioner at Lester Aldridge, Solicitors
Dr C. N. M. Pounder
Director at Ambershawk Training Limited
Darryl Royce
Barrister at Atkin Chambers in Gray's Inn
Harry Dronfield
Associate Solicitor at Rollingsons Solicitors Ltd
Sam De Silva
Partner – head of IT & Outsourcing at Penningtons Manches
Lorna Brazell
Partner at Osborne Clarke
Mark Lucas
Partner, Barlow Robbins LLP
Kenneth A. Adams
Consultant, writer, and speaker on contract drafting
Douglas McPherson
Director, Size 10½ Boots
Martin Richardson
Principal consultant, MJR Consulting

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