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Anthony Shatz
Anthony Shatz
Fladgate
Katya Vagner
Katya Vagner
Solicitor
Fladgate
Kelly Whiter
Kelly Whiter
Partner
Fladgate
Leigh Callaway
Leigh Callaway
Fladgate
Nathan Evans
Nathan Evans
Partner - Solicitor
Fladgate
Tim Wright
Tim Wright
Partner
Fladgate
Contributions by Fladgate Experts

27

Using framework agreements for services
Using framework agreements for services
Practice notes

This Practice Note explains the key legal and practical issues involved in using framework agreements for services. It explains what framework agreements are, the reasons for using these types of agreements (or not) and points to consider when drafting a framework agreement.

Wilful misconduct and deliberate default in commercial contracts
Wilful misconduct and deliberate default in commercial contracts
Practice notes

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in commercial agreements, including the terms: abandonment; wilful misconduct; and deliberate default. It considers how these terms have been interpreted via case law and includes tips for parties when drafting and negotiating commercial agreements.

Where a claim has been settled under Part 36 but the paying party has failed to pay all monies due under the terms of the Part 36 settlement, how do you enter judgment for the outstanding sum?
Where a claim has been settled under Part 36 but the paying party has failed to pay all monies due under the terms of the Part 36 settlement, how do you enter judgment for the outstanding sum?
Q&As

Where a sole trader is selling a vehicle to a consumer in the normal course of business, to what extent can they limit liability?
Where a sole trader is selling a vehicle to a consumer in the normal course of business, to what extent can they limit liability?
Q&As

Where an individual judgment creditor (A), prior to taking action to enforce its judgment against the judgment debtor B (a limited company) discovers that the sole director and shareholder of B has resigned and subsequently set up a new limited company (C) trading out of B’s offices and carrying on the same business as B, can A seek to enforce against C the judgment it has obtained against B? It is assumed that the actions in setting up C have been carried out as a means of B avoiding an effective enforcement against B.
Where an individual judgment creditor (A), prior to taking action to enforce its judgment against the judgment debtor B (a limited company) discovers that the sole director and shareholder of B has resigned and subsequently set up a new limited company (C) trading out of B’s offices and carrying on the same business as B, can A seek to enforce against C the judgment it has obtained against B? It is assumed that the actions in setting up C have been carried out as a means of B avoiding an effective enforcement against B.
Q&As

Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date?
Where the court has ordered a defendant entitlement to enter judgment on its counterclaim following strike out of the claimant’s claim for non-compliance with directions, how does the defendant seek recovery of its costs (of defending the claim and bringing the counterclaim) in excess of fixed costs, incurred to date?
Q&As

Other Work
Transfer of shares where right of first refusal (ROFR), drag along and tag along provisions apply—flowchart
Transfer of shares where right of first refusal (ROFR), drag along and tag along provisions apply—flowchart

This flowchart, produced in partnership with Anthony Shatz of Fladgate LLP, illustrates the steps to be taken and the issues to consider in relation to a transfer of shares in a joint venture company (JVC) with right of first refusal (ROFR), drag along and tag along provisions included in its articles of association/shareholders’ agreement.

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