Commercial Law

Herrington Carmichael has a team of experienced commercial lawyers that provide a combination of legal expertise and pragmatic commercial awareness.

We are acutely aware that not all projects fit neatly into a standard form of document and that contracts need to be tailored to the specific circumstances and the needs of our clients. Our wealth of experience means that there is very little that we have not seen before, so we are well placed to deal with whatever is thrown at us.

As well as advising clients on standard form terms & conditions for the purchase and supply of goods and services, we are experienced in drafting bespoke contracts for specific product sales or individual projects, both in the context of domestic and international markets.

We regularly advise clients on and negotiate complex commercial agreements, distribution agreements, outsourcing agreements, manufacturing agreements, SAAS contracts, and managed services agreements to name a few.

Our projects often include an international dimension, and we regularly project manage pan-European and global legal projects for clients from the UK.

We also regularly advise on:

  • Pre-contract representation considerations, including in connection with government and local authority tenders.
  • Applicable law and jurisdiction questions, particularly when considering multi-national contracting arrangements.
  • Price, payment and security for payment issues.
  • Retention of title, risk and insurance clauses.
  • Incoterms® 2010 considerations.
  • Post-termination enforcement issues relating to foreign counterparties

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Herrington Carmichael LLP meets ‘international legal business standards in the field of mergers and acquisitions’ and is recommended for ‘distilling down complicated contractual advice into clear, concise and insightful feedback with clear recommendations and options’. Corporate lawyer and practice head Yavan Brar and senior solicitor Alex Canham are recommended for ‘their reactive and comprehensive approach when confronted with complex, international corporate legal situations’, while commercial specialist Mark Chapman ‘has strong technical knowledge and deals expeditiously with requests’ and ‘takes the time to understand clients’ businesses and shape his advice and support in a way that works for the client’. Work highlights included advising on acquisitions, share buy-backs and issuances, refinancing arrangements and financial services regulatory matters.

Legal 500, 2019

Commerical Law Team

  • All departments
  • Banking and Finance
  • Brexit
  • Business Disputes
  • Commercial Law
  • Competition Law
  • Construction
  • Construction disputes
  • Consumer Law
  • Corporate - MBOs & MBIs
  • Corporate Governance
  • Corporate Law
  • Corporate lending
  • Data, IT & Technology
  • Debt Recovery
  • Disputes - Declarations of trust
  • Disputes - Land and Property
  • Disputes - Probate and inheritance
  • Disputes - Professional negligence
  • Disputes - Restrictive Covenants
  • Disputes - Shareholders & Partnership
  • Disputes - Tenants in Residential Property
  • Disputes - Wills, trusts & probate disputes
  • Disputes and Small Claims
  • Disputes with Co-owners
  • Divorce
  • Employee - Termination
  • Employer - Termination
  • Employment
  • Employment - Business protection
  • Employment - Collective consultations
  • Employment - Contracts, services, consultancy
  • Employment - Employee benefits
  • Employment - Employee Procedures
  • Employment - Equality, discrimination and harassment
  • Employment - Family Friendly Rights
  • Employment - GDPR and Data Protection
  • Employment - Post employment obligations
  • Employment - Redundancy & Reorganisation
  • Employment - Settlement Agreements
  • Employment - Tribunal Claims
  • Employment - TUPE
  • Employment - Wages, holiday and sick pay
  • Employment - Workers rights
  • Employment Tribunal claims
  • Estate Administration
  • Expat Legal Services
  • Family Law
  • Financial Services
  • GDPR
  • Immigration law
  • Intellectual Property
  • International Legal Services
  • Lasting Powers of Attorney
  • Licensing Law
  • Money, Tax and Inheritance
  • New Businsess
  • Property Law
  • Recovery & Insolvency
  • Regulatory, Compliance & Competition
  • Residential Property - Completions
  • Residential Property - Conveyancing
  • Residential Property - Shared Ownership
  • Residential Property – Help to Buy
  • Residential Property – New Build
  • Wills, Trusts and Probate

Frankie Tierney is the practice head and managing partner at Herrington Carmichael LLP. She has long experience of commercial litigation in the High Court and of mediations. The team’s work covers a range of contractual disputes, especially in the real estate sector in addition to areas such as professional negligence, corporate relationships and the protection of confidential information. Robert Syms, working with senior associate Frances Kyle, has a focus on the technology and construction arenas and insolvency-related disputes.

Legal 500, 2020

Example cases

Advised on wealth management platform contract

Herrington Carmichael were instructed to advise on and negotiate a SAAS development and services agreement between a wealth management business and a wealth management platform service provider. Complexities included ensuring appropriate business continuity plans were in place (including software escrow arrangements), and ensuring compliance with the FCA rules on outsourcing to the cloud.

Advising on a commercial contract for a new product

Herrington Carmichael were instructed to advise on and negotiate a new product design, development and manufacturing agreement for a new product for use in the security sector. As part of the project, Herrington Carmichael were required to ensure a back to back contract was entered into with suitable flow down provisions to the key parts manufacturer.

Advising on and negotiate a global software distribution agreement

Herrington Carmichael were instructed to advise on and negotiate firstly an Australian and then a global software distribution agreement. Complexities included negotiating with a global business with strict contractual requirements and policies, whilst seeking to ensure a favourable position to our client. We were also required to manage the local law advice in respect of contracts governed by foreign laws and further to ensure that suitable terms were imposed on resellers commensurate to the protections required by our client.

The team provides an outstanding service and are very quick, thorough and professional with the response. The set up is very clear, you always know who is dealing with which part of the inquiry, corporate or property team.

Legal 500, 2020

Latest news & insights

London

Amadeus House, 27b Floral Street, London, WC2E 9DP.
+44 (0) 203 755 0557

Camberley

Building 9, Riverside Way, Watchmoor Park, Camberley, Surrey. GU15 3YL.
+44 (0)1276 686 222

Wokingham

27 Broad Street, Wokingham, Berkshire. RG40 1AU.
+44 (0)118 977 4045

info@herrington-carmichael.com

© 2019 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

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