Contract & Commercial Law
Kuldeep has drafted or reviewed agreements and contracts of all kinds, running into a multiple four figure number in the course of his 20-year career as a solicitor.
Kuldeep provides top quality affordable tailored advice for individuals, as well as having a large corporate following of small businesses in London and the south-east.
The fact that his advice is tailored to your individual circumstances is vital, because these days it is easy for clients to fall foul by assuming that they have mastered the law by reading an article on the web. If only it were that simple! Serious expert solicitors themselves acknowledge that they know the law, and how to apply it in the real world, five time better than they did when they first qualified as lawyers.
Contract and commercial areas regularly covered include:
- Confidentiality and non-disclosure issues, and restrictions on trade.
The latter are often known as restrictive covenants and are often used in employment contracts. In the right commercial context, these can be useful to protect sensitive information between business partners. The important point to realise is that if they go too far, they can be abused, and actually may not be legally enforceable at all.
Such clauses can take many forms:
- Anti-competition clauses prevent a person from working in the same industry and consequently competing with the business.
- Anti-poaching clauses prevent the taking of same clients, customers, or ex-employees of the business
- Anti-solicitation clauses prevent a person from attempting to poach or make any contact with the intent of do so.
It is important to get tailored advice if you are possibly subject to such a clause, or if you want to use one effectively.
If you attempt to enforce a clause which is beyond what is reasonable, it will be a completely invalid. Therefore whether you are a business or an individual, you should get advice on what kind of clause would be effective for your circumstances.
- Sales / Services Agreements of all kinds in a retail/services environment, advising businesses and consumers on the implications of consumer legislation, consumer credit, and finance as well as liability to suppliers, service providers, and professionals.
This can include: avoiding disputes over purchases of expensive goods such as cars, vintage products, works of art, and jewellery. Also building / construction disputes, and disputes with insurance companies and providers of professional services.
- Lease / Hire Agreements of goods and property. We can advise on leases not only in a commercial context but regularly advise landlords and tenants on residential tenancies.
- Loan / re-mortgage agreements to businesses and individuals, both secured and unsecured. You may need to fully clarify exactly what your obligations are and the consequences of any default. It may indeed be a requirement for you to seek independent legal advice. We are expert in dealing with that.
- Directors’ Service Contracts – it is very important to set out duties and liabilities at the outset. In small businesses, directors work like partners; there is a relationship of trust. When that disappears, there can be a serious problem. Everything may seem fine at the outset, but when things go sour, they can go very badly wrong. Therefore, it is vital to have an agreement which properly protects your interests, and have such an agreement drawn up or reviewed by a expert solicitor.
- Shareholders’ Agreements - which can be very useful to have if you are trading or starting up a business as a limited company. One benefit is that the parties have an agreed mechanism / basis for leaving the business, and valuing it when one partner wishes to leave. There are numerous other benefits which Kuldeep can explain to you.
Different kinds of shareholders' agreements are suitable depending upon the nature/number of shareholders, and the size of their shareholdings. That is something which many amateur lawyers without any real experience of business do not appreciate. Kuldeep Clair ensure that his decades of business expertise are used to produce an agreement properly tailored to your needs.