Best and reasonable endeavours – how hard do you have to try? The recent case of Brooke Homes (Bicester) Limited v Portfolio Property Partners Limited and Others [2021] EWCH 3015 (Ch) has highlighted an issue that causes friction amongst business
Selling Online after Brexit Leaving the EU means businesses can’t enjoy all the benefits and freedoms we used to. On the other hand, it now means we can think differently about how we trade with UK and EU customers, particularly
Following long and drawn-out negotiations between the UK and the EU, a deal was finally struck on the 24 December 2020 that governs trade between the two sides worth more than £650bn. The agreement will inevitably evolve during its implementation, but it’s an important step in laying the foundations for our future relationship with our European counterparts.
Although the UK officially left the EU almost a year ago, we’ve been working through a transition period. This means that even though we’re not in the EU, life has carried on more-or-less as normal (at least, as normal as anything could be in 2020!).
What is relational contracting?
Relational contracting is a way of working with your customers and suppliers that focusses on the power of the joint relationship to build competitive advantage empowering the achievement of mutual vision and goals.
As an “exclusive” distributor of a new product, you might think you have secured a great deal for your company and have the market all to yourself, only to find that this is not the case when you try to enforce the terms of the deal.
At the best of times, a small client who’s unable to pay your bill is a problem. In the era of Covid-19, it’s a minefield.
First of all, you need to determine whether they haven’t paid because they don’t want to (maybe because they don’t think you’ve delivered what you said you would) or because they can’t (because they have no money).
On 12 July 2020, the P2B Regulation (Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services) became applicable in the UK.
This is directed at online marketplaces and search engines, with the intention of encouraging these platforms to deal with the businesses that use their platforms in a more transparent and fair way.
The law on good faith terms in commercial contracts has been a topic of significant development for the Courts in recent times, with cases reigniting the discussion of a need for a principle of integrity in particular business agreements.
Many years ago, when I first started talking about contracts for living rather than just writing them, a guy called Jeff came up to me after a talk and said…“…