Transactional support

Our commercial litigation team assists clients at the transactional stage to ensure that contracts are drafted to minimise the risk of disputes.

Working with our colleagues in our non-contentious teams, including corporate, commercial, real estate and employment, we offer input around all potentially contentious elements of contractual documents, often involving in-depth sector specialisms, and offer advice on many key provisions including:

  • setting the basis for future damages claims,
  • exclusions of and limitations to liability,
  • dispute resolution processes, enforcement,
  • time limits for warranty claims.

Having resolved disputes in these areas on many occasions, our perspective is welcomed by clients and colleagues alike. We also advise in detailed due diligence in order to assist in drafting warranties and indemnities and to reduce client risk.

Our experience

By advising on transactions we can add significant value to clients. Recent examples include:

  • Undertaking a detailed review of health and safety compliance by a care home being acquired by our client, resulting in identification of serious flaws in health and safety procedure requiring remediation. This resulted in our client reducing the purchase price by about £2.5 million.
  • Assisting clients purchasing a target in drafting clauses enabling them to terminate an associated services agreement for future work earlier than those providing the services anticipated.

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