Legal updates

TRG Update - the latest edition is available here

The TRG Update is our regular email newsletter which provides practical summaries of important legal developments in commercial contract law, including information technology and related areas.

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TRG Executive BRIEFing 

The TRG Executive BRIEFing is our brief ‘alert’ to key contract, technology and intellectual property related legal issues and developments that business executives, directors, owner-managers and investors should perhaps be aware of and be planning for, expressed in non-legal terms. The latest edition is available here.

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Case reports, events and news

See here for an archive of case reports covered in the TRG Updates, details of events we are involved with and other news.

Guides and articles

We have written some guides and articles on key subjects of interest to our clients and contacts which are set out below:

Topic Description Link to guide/article
Acting Reasonably A look at various issues related to the term ‘reasonable’/’reasonably’ when used in contracts. Acting Reasonably
Brexit Some thoughts on the potential impact Brexit might have on commercial contracts. Potential impact of Brexit on commercial contracts
Data Protection Consideration of the impact of and key changes under the GDPR when it comes into force in May 2018. The Impact of the General Data Protection Regulation
Data Protection A summary of the draft guidance on consent to use data under the GDPR issued by the Information Commissioner’s Office in March 2017. Consent to use data under the GDPR
Data Protection A view on limitation of liability and indemnities in the special context of data security. The General Data Protection Regulation - Apportioning Security Risk
Data Protection An outline of the framework for transatlantic data flows which entered into force on 1st August 2016. EU-US Privacy Shield
E-signatures A look at the EU-wide framework for e-signatures which came into force in July 2016. New EU framework for electronic signatures
Liability Guidance on the law relating to limitation and exclusion clauses. Primarily aimed at non-lawyers, it will be of interest to suppliers and customers involved in negotiating commercial contracts. A Guide to Limitations and Exclusions of Liability
Liability Responses from a number of overseas lawyers to some questions on liability, indemnities and liquidated damages following a comparison we undertook in 2014 between the position in England and various other jurisdictions. An International Comparison of Liability, Indemnities and Liquidated Damages
Liquidated Damages A report on the effect of liquidated damages being stated as ‘£nil’ as a remedy for breach of contract and whether this operated as an exclusive remedy for breach. Effect of Liquidated Damages stated as '£nil' - Exclusive Remedy?
NDAs Paul Golding proposes a new approach to addressing the issue of confidentiality for pre-contract disclosures with a simplified draft NDA template. NDAs - what a waste of time (and money!)
Outsourcing Some guidance to clarify the Financial Conduct Authority's requirements for regulated businesses when outsourcing to the ‘cloud’ and other third party IT services. FCA guidance for outsourcing to the ‘cloud’
Standard Ts&Cs A summary of the benefits of using standard terms, the limitations to bear in mind when using them and how standard terms can best be incorporated effectively. Standard Terms and Conditions
Termination A table providing a comparison of the various rights to terminate. A Comparison of Termination Rights

The following publications are available on request by contacting Paul Golding:

English Contract Law Case Index
An annotated index of contract law cases since 2000. Provides a valuable starting point for the latest case law on issues such as consequential loss, liquidated damages, material breach, rights to terminate and many other aspects of commercial contract law.

English Contract Law Crib Sheet
A Q&A format addressing over 50 of the most commonly asked questions related to commercial contracts such as the meaning of warranties, conditions, indemnities and reasonable endeavours with many more contract queries explained. Aimed at those involved in concluding contracts without any legal training or a useful refresher for those who have simply been negotiating contracts for many years.  

Duty to Warn - Application to IT Contracts
An article discussing the possibility that an IT supplier has an implied duty to warn a customer of the relative advantages and disadvantages of its proposed purchase of the supplier’s IT solution. All suppliers and service providers should be aware of this evolving obligation which might apply in certain circumstances.