Practical insight on negotiation, contracts and commercial law — written for business people, not lawyers. No jargon, no padding. Just useful.
Written by Peter Lumley-Savile — commercial solicitor with 20+ years advising businesses across technology, media, financial services and more.
Splitting the difference feels fair. It often isn't. When both parties converge on an arbitrary midpoint, whoever anchored higher wins — and whoever was reasonable loses. Here's why the middle is not a destination, and what to do instead.
Most NDAs are signed without being read. The ones that are read are often poorly drafted. Here are the clauses that actually matter — and the gaps that leave businesses exposed.
It's one of the most common phrases in commercial contracts. It's also one of the most misunderstood. The difference between "best", "reasonable" and "all reasonable" endeavours is not trivial.
Knowing your walk-away point before you sit down is the single most powerful thing you can do in any negotiation. The problem is most people don't know it — or can't hold to it under pressure.
SaaS agreements are rarely negotiated. They should be. Auto-renewal, data ownership, liability caps and uptime guarantees are all points where the standard terms favour the supplier — significantly.
The answer under English law will probably surprise you. If you've commissioned software, design work or creative content without the right contract in place, the IP may not be yours. Here's how to fix it.
Outsourcing can transform a business. A poorly drafted outsourcing contract can also bring it to its knees. The risks aren't in the obvious places — they're in the exit clauses, the service level definitions and the change control provisions.
The first number on the table has a disproportionate influence on where the deal lands. Understanding anchoring — and how to use it — is one of the most practical things any commercial person can learn.
A liability cap limits how much one party can claim from the other if something goes wrong. The standard position in most supplier contracts will be far too low for your purposes. Here's what to push for.
GDPR compliance isn't just a privacy policy. It has real implications for how you draft and negotiate commercial contracts — particularly where you're sharing or processing personal data with suppliers or partners.
If something in these articles has raised a question about your own situation, speak to Peter directly. A short conversation costs nothing.