Commercial solicitors in England & Wales

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Plain-language guide

What a commercial solicitor does.

A commercial solicitor helps businesses trade on terms that protect them: drafting and negotiating supply, distribution, agency, licensing and service agreements, terms and conditions of sale, and the contracts with customers, suppliers and partners that keep the business running. When a deal goes wrong, the same solicitor advises on the remedies the contract and the Sale of Goods Act 1979 or Consumer Rights Act 2015 allow, and on whether a dispute is worth fighting.

When you need one

You are about to sign a supplier, distribution or service agreement and want to know what you are agreeing to.
Your standard terms have never been reviewed and customers keep arguing about them.
A counterparty is in breach and you need to know whether you can terminate and what you can claim.
You are entering a market you have not traded in before and need the regulatory ground rules.

How fees usually work

Drafting is usually quoted as a fixed fee for a defined document; negotiation and advice are charged by the hour. Many firms offer a retainer for a set number of hours a month, which suits businesses with a steady flow of contracts. Ask for a written scope so that both sides know what the fee covers and what would be extra.

Questions to ask before you instruct

Which of my current contracts carry the most risk, and what would you change first?
Are my terms and conditions actually incorporated into my contracts, or do customers' terms win?
What limitation of liability can I realistically rely on under the Unfair Contract Terms Act 1977?
How would a dispute under this agreement be resolved, and in which jurisdiction?

See the listed practitioners

General information about England & Wales law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Commercial solicitor questions

Do I need a written contract?

A contract can be made orally or by conduct, but proving its terms is another matter. A written agreement fixes the scope, the price, the payment terms, the limits on liability and the exit, and the Late Payment of Commercial Debts (Interest) Act 1998 gives you interest on overdue invoices whether or not the contract mentions it.

Can I exclude liability in my terms?

Between businesses, yes within limits. Liability for death or personal injury caused by negligence cannot be excluded at all, and other exclusions in standard terms must satisfy the reasonableness test in the Unfair Contract Terms Act 1977. Against consumers the Consumer Rights Act 2015 is stricter.

What does a 'battle of the forms' mean?

When each party sends its own terms and neither expressly accepts the other's, the terms that apply are usually those in the last document sent before performance began. Good contracting practice avoids the problem by getting the counterparty to sign your terms, or by agreeing a framework agreement first.

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