Lupton Fawcett LLP

We apply the law to commercial transactions in a way designed to solve problems and meet the objectives of the parties to the transaction. We are proactive and take a commercial approach. We apply our knowledge of the law and appropriate regulations to ensure our clients are aware of the legal issues and take a risk management approach to the application of the relevant laws to the transaction in question.

We produce clear and concise agreements which meet the needs of the parties to the transaction and in particular the needs of the client we are representing. This does not necessarily mean the agreements are short. Sometimes it is appropriate for a comprehensive and lengthy agreement to be produced yet this can still be done in a concise way.

Our approach is to consult with our client about the nature of the transaction and the legal issues involved. In this way, the major commercial issues where agreement needs to be reached between the parties can be identified and addressed before the detailed preparation of any agreement takes place. Our advice is always to seek to agree the commercial terms first, and then to prepare any required agreement to express these commercial terms. Our involvement at an early stage usually makes the transaction proceed more quickly and with lower legal costs.

Once the commercial terms are agreed, relevant draft agreements can be prepared and any negotiations about the terms of the agreements completed in an efficient way using the commercial terms as a touchstone to resolve any disputes about the wording of the text of the agreement.

We regularly advise clients about the meaning and interpretation of particular agreements, resolving disputes before court action is contemplated, and whether or not an agreement can be terminated based on the relevant provisions it contains. Where appropriate, specialist legal advice is available when required in relation to the business advisory services we supplied, typically competition regulation, dispute management where court action might be required, and corporate law advice if an agreement is more akin to a joint venture than a straightforward commercial transaction.