Briefing notes

Governing law and jurisdiction – the key issues for any distributorship agreement – Part I Following on from my  last blog , playing away from home can have various consequences – some of which may be enjoyable! But being forced to...
Heads of Terms, Memoranda of Understanding, Letters of Intent, Heads of Agreement – the interchangeability of the names used is largely irrelevant. Principals and agents sometimes agree Heads of Terms to formalise an intention to begin negotiations of...
Law firm, Fox Williams LLP advises The Software Incubator in Supreme Court hearing In a significant case for the software industry, the UK Supreme Court will consider if software should be considered ‘goods’ or ‘services’. This...
Working together - can the place where an agent works affect his status as a commercial agent? Commercial agents have traditionally performed their role in an itinerant manner, away from the principal's premises (for example, by visiting customers and...
What should be the role of the distributorship agreement? This may appear a strange question to ask. But there can be confusion between the distributorship agreement which serves as an umbrella agreement between supplier and distributor under which the...
Supplier, distributor, principal, or agent: ensuring that written contracts are in place is very important. But equally important is the need for the distributorship and agency contract to be sufficiently clear and provide certainty as to what has been...
Company administrations just keep on coming. Indeed it is difficult to think of an industry sector which has not seen a spike in the number of administrations over the course of the last 12 months. But the administration of a distributor highlights...
Selective distribution agreements are increasingly used as a way of imposing restrictions on distributors. Such agreements can work. But failure to comply with competition law can result in substantial fines and other problems.  In December 2018, US...
The recent announcement that British Ceramic Tile, a distributor, has entered into administration is, at one level, a sign of changing times, in this case of the channel to market.  But it also calls into sharp focus how a supplier should deal with the...
“In light of the upcoming date of 29 March 2019, we write to you to inform you that we are continuing to monitor and review information regarding the impact of Brexit on our business and industry. We assure you that we are analysing such information...