Plain English on transactions, drafting, and the structural choices that decide who wins.
A without prejudice letter is the standard mechanism for opening settlement discussions in the context of a dispute. The letter is privileged, meaning it cannot be referred to in court if the
Terminating a commercial contract is a step that needs to be done correctly. The wrong termination, wrong notice, wrong grounds, wrong process, can flip the position from terminator to repudiator, with potentially
A commercial settlement agreement is the document that records the resolution of a commercial dispute. It needs to be precise about: what is being paid, by whom, by when; what claims are
Mediation works best when both parties arrive prepared. A mediation brief is a written document, sent to the mediator in advance, that sets out the dispute, the preparing party's position,
Contract interpretation disputes turn on the proper construction of specific contractual language. What does this clause mean, what is the consequence of that ambiguity, what would a court conclude on this wording.
Written advice on a contract dispute is the more substantial step up from an advice call. It produces a written analysis of the dispute, the contractual position, the strength of the arguments
Most contractual disputes do not start as litigation. They start as a difficult email, a missed payment, a service failure, or a notice of termination. And the question for the recipient is
Software escrow, depositing source code with a neutral third party, to be released to the customer if the supplier fails or breaches, is often included in software licences as a 'tick
A software licence is a document that allows a customer to use software without transferring ownership. The drafting questions are different from those for a SaaS subscription: a traditional licence may grant
Software licences are increasingly long, increasingly variable, and increasingly consequential. The review focuses on: scope of the licence (which users, which locations, which use cases); fees and renewal mechanics; restrictions and audit
SaaS terms of service govern the relationship between a SaaS provider and its customers, and they need to do several things at once: license the software, allocate liability, allocate IP in customer
Managed services agreements differ from one-off service agreements because the relationship is ongoing: the supplier operates something on a continuous basis, often with embedded technology, often touching the customer's data