The Supreme Court has overturned a 2018 Court of Appeal decision which held that Morrisons was liable for a data breach caused by a rogue employee. The Court of Appeal decision had received mixed responses. Although the decision arguably maintained the st…
Bringing specialist expertise, strategic thinking and a pragmatic, hands-on approach, quite simply your interests are ours.
In terms of the personalities at Clarion, we like that they have big-firm backgrounds but also an informal, non-fussy ethos - they're all very approachable and down-to-earth.Chambers UK 2019
Clarion provide excellent-quality commercial IT and IP advice. It's good-quality advice but pitched at the right price. They punch above their weight and provide a very competitive fee structure as well as a quality service.Chambers UK 2018
They're really a delight to work with.Chambers UK 2017
Matthew and the team 'provides commercial and pragmatic advice'.Legal 500 2014
Clarion offers good value for money and punches above its weight in terms of expertise.Chambers UK
Recognised as up and coming in the market, having handled some good work over the past yearLegal 500
Playing a strong strategic role in helping you achieve what you’re looking for when negotiating and documenting new and changing business relationships, we’re here to ensure you’re firmly in the driving seat.
Through a fundamental understanding of what’s important to you and your business, we forge strong, trusted relationships that save you time and money. Working nationally and internationally, it’s our job to help secure your goals, manage risk and build in commercial benefits. Partnering you on complex deals, we regularly act as a sounding board on different issues and bring in our wider practice expertise when required.
Supporting new ventures, entrepreneurs, established businesses and fast moving brands - building the right framework from which your business can thrive.
Clarion has successfully delivered training which is popular, receives positive feedback from those who attend and forms part of our overall approach to help our people understand the importance of contracts to the success of our businessNeil Summers, General Counsel, Vocalink Limited
Our team can develop and deliver top class training for your business, whether the audience be your experienced contract managers or individuals new
to contracts. We have a track record of making learning fun and helping businesses protect risk by increasing awareness of material issues.
Bringing specialist expertise, strategic thinking and a pragmatic, hands-on approach, quite simply your interests are ours.
The following are illustrations of the work we have recently undertaken, however our expertise and experience is broader. If you want to discuss a specific matter with us, please call us and we’ll be glad to chat this through with you.
- A client developed a new methodology of selling training services and enabling learners to gain qualifications online. We advised on the contracting structures that it needed to put in place, together with ensuring that the practical processes to ensure incorporation were built into the website.
- One of our clients has a high volume of relatively straightforward, but commercially sensitive, contracts that need cost effective and pragmatic review. We work with this client to understand its business so that our response is timely, takes account of the client’s preferences and is delivered in a manner that allows the response to easily be incorporated into our client’s formal response to its customers.
- Advising a client who, in partnership with big high street names, develops and operates co-branded websites promoting financial products. Each partnership is based on a unique commercial and agreement and it was vital to ensure a mutually agreeable position could be reached on key legal issues such as intellectual property and liability, as well as effectively documenting the complex operational details of how the website and commission mechanism would operate.
- Creating the legal framework to allow a successful food retailer to franchise its business. Working with the client, we helped develop the franchise manual and the financial model to support the franchise, protected all the relevant intellectual property and prepared the standard form franchise agreement to which future franchisees would be required to adhere.
- A second generation data centre outsourcing for a substantial business that had outgrown its existing supplier. Complicated by difficult disengagement issues with the historic supplier, the agreement required the development of a new specification (for the move to a co-location service from a fully managed service) and always taking account of its customers’ serious privacy concerns.
- Advising a client on its management of an agency agreement and helping negotiate an extension, based partly on the difficulties that the principal had with potentially high levels of compensation due to the agent.
- Drafting an agreement for the reselling of maintenance services for one of the biggest IT companies in the world. Delivering to the client a robust yet flexible agreement involved dealing with complex legal issues such a commercial agency and giving extensive advice on commercial issues such as termination and limitation of liability.
- The commercial team recently advised a large PLC in relation to the outsourcing of its HR functions, including services such as payroll, to an insurance provider. This was a highly complex deal, with an emphasis on areas such as data protection, information security and disaster recovery. Particular commercial sensitivity also rested on the termination provisions as the integration of the parties systems created huge complexity in relation to separating the services again once outsourced. These issues were resolved over three months of negotiation resulting in successful contract signature.
One of Yorkshire’s leading legal firms, working nationally and internationally, our team brings many years’ experience and expertise to support your organisation, backed by our wider practice to offer a truly effective 360° service.
In these unprecedented times, many businesses will be worried about their supply chains. Contracts that were, until very recently, capable of performance have now been impacted by the coronavirus outbreak in ways that could not have been foreseen just a f…
Authorities around the world are seeking to limit the spread of the coronavirus and COVID-19. But events such as the Geneva Motor Show have been cancelled and there is concern about the supply chain which is dependent on the movement of goods and componen…
The food and drink sector is facing an inordinate amount of change at the moment. How the sector gets to grips with things like the uncertainty surrounding Brexit, labour shortages and rising costs will be fascinating to watch, particularly given the sect…
GDPR FAQs - Are organisations required to get opt-in consent each time they send a marketing communication?
In this GDPR FAQ mini blog, we discuss the following issue: Are organisations required to get opt-in consent each time they send a marketing communication?
GDPR FAQs - Can organisations send marketing communications to anybody who may be interested in their services or products?
In this instalment of our GDPR FAQS mini blog series, we consider whether organisations can send marketing communications to anybody who may be interested in their services or products.
GDPR FAQs - Can my organisation continue to send marketing communications to our clients and customers?
In this instalment of our GDPR FAQS mini blog series, we will begin to look at questions that frequently arise in respect of marketing under GDPR.
In the seventh instalment of our GDPR FAQS mini blog series we consider the implications of an employee failing to notify an organisation if the employee breaches GDPR.
As our lives move ever more online, with many of us storing and sharing our photos and videos via social media and on our phones and tablets, it is becoming increasingly important that we consider what happens to our online data after we die. Online accou…
The UK’s Information Commissioner’s Office (ICO) has, for the first time, used its powers under the General Data Protection Regulation (GDPR), to fine companies which have failed to protect their customers’ data.
British Airways faces a fine of more than £183m for breaching the new General Data Protection Regulation (GDPR), after an investigation by the Information Commissioner’s Office (ICO) found that hackers stole the personal data of 500,000 o…
This is the sixth instalment of our GDPR FAQs mini blog series. In this blog we consider what could go wrong if your organisation fails to comply with the legislation and suffers a data breach. Our Frequently Given Response: A lot of emphasis has b…
With the first anniversary of the introduction of the General Data Protection Regulation (GDPR) approaching fast, now is a great time to take a quick look at how the new regime is shaping up, its impact on different countries and what the number of breach…
GDPR FAQs - Should organisations nominate somebody to have responsibility for GDPR, even if a formal data protection officer is not required?
In the fifth instalment of our GDPR FAQS mini blog series, we begin to consider regulatory concerns that are frequently raised by organisations. In this blog we will discuss whether organisations should nominate somebody to have responsibility for GD…
This is the fourth instalment of our GDPR for HR FAQs series of mini blogs. In this blog, we consider your GDPR data retention policy and the following question: How long should my organisation retain personal data about our employees?
Google has become the first tech giant to receive a record GDPR fine for breaching the EU’s data protection rules. This is the biggest fine yet to be issued for breaking the General Data Protection Regulation (GDPR) and the first time one of the te…
Just as the dust is finally settling following the introduction of the General Data Protection Regulations 2018 (“EU GDPR”) in May last year, the government published, on 19 December 2018, the Data Protection, Privacy and Electronic Communicat…
A recent change in the law governing cold calling has meant a crackdown on firms that pester people with nuisance calls. Under new legislation, bosses of companies that plague people with cold calls will be held personally liable and could face fines of u…
An investigation by consumer watchdog Which? has discovered that retailers may be breaking data protection rules with their e-receipts. Major retailers are offering customers the option to have their receipts emailed to them as electronic receipts, and a…
This is the third instalment of our GDPR for HR FAQs series of mini blogs. In this blog, we consider whether organisations should update their employee handbooks.
What is Geo-blocking? Geo-blocking is the term used to describe restriction of access to internet content based on a customer’s geographical location. The Geo-blocking Regulation (EU) 2018/302 (the “Regulation”) will ban geo-bloc…
Employers have traditionally been legally responsible for the actions of their employees, under the principle is known as vicarious liability. This principle can apply even where an employee’s actions are contrary to the instructions of the employer…
Following passage of the GDPR earlier this year, what information should organisations tell their employees about the personal data processed about them?
Importance of Force Majeure Clauses Force majeure clauses are an important part of many commercial contracts. They allow the parties to a contract to bring the contract to an end, or suspend performance, in limited circumstances, usually prescribed in th…
Contract Variation - avoid becoming a cropper to the heatwave when your suppliers are looking to change the deal
The global effects of the continuous high temperatures of late have been well reported in the media and at Clarion we’ve been seeing how some of our own food manufacturing clients have been suffering as a result of the heat.
In July 2016 I wrote a blog concerning Non-Variation clauses in light of the Court of Appeal’s decision in Globe Motors Inc v Lucas Varity Electric Steering Limited  EWCA Civ 396. The Court in that case reasoned that a contract could be v…
Welcome to the fifth instalment in our mini-series of blog posts on the General Data Protection Regulation ("GDPR"). GDPR provides individuals with greater rights over their personal information. This post highlights three principal r…
Welcome to the fourth instalment in our mini-series of blog posts on the General Data Protection Regulation. The blogs provide background to the GPDR and include tips to help you make sure your business has robust data protection processes and procedures …
Welcome to the third instalment in our mini-series of blog posts on the General Data Protection Regulation.
Welcome to the second instalment in our mini-series of blog posts on the General Data Protection Regulation.
Welcome to the first instalment in our mini-series of blog posts on the General Data Protection Regulation.
Autonomous or “driverless” vehicles are in tech-vogue, a movement perhaps exemplified by the rise of Elon Musk’s Tesla, Inc. Almost every major car manufacturer has invested in the research and development of autonomous vehicles, with be…
The impending shake-up of the data protection regime in Europe and the UK has become a hot topic for a number of businesses and sectors.
Businesses concerned with cyber security services and products, now have the opportunity to voice their concerns and influence the European Commission on cyber security.
An increasing number of consumers are using cloud storage to hold data (such as photographs and personal documents) that would traditionally have been held on a personal computer.
Insolvency Rules -The Insolvency (Protection of Essential Supplies) Order 2015 – IT Suppliers Beware
As of 1 October there are changes to insolvency rules to be aware of...
EU member states have agreed to unify data protection laws across the EU.
Today’s buildings are changing. They are more heavily serviced than ever before and the way in which they are developed needs to reflect this.
90% of small businesses are unaware of “G-Cloud”, a government based initiative targeted at facilitating procurement by public sector bodies.
The International Chamber of Commerce (the “ICC”) has published a new, free to download cyber security guide to assist businesses with their approach to data security. The aim of the guide is to mitigate the risks associated with cybercrime.
A recent survey of manufacturers by the UK's Manufacturing Advisory Service revealed a growing number of companies are bringing production home in order to reduce costs and improve quality and lead times.
Hold the phone! Consultation under way in an effort to increase the regulations surrounding unsolicited marketing calls
There are few people who haven’t been subjected to a “nuisance call”, whether it be selling pet insurance, advocating the benefits of double glazing that you just can’t do without or informing you of a PPI claim you are allegedly entitled to make.
One of the difficulties with cloud computing, and one of the reasons that various businesses and sectors (including the legal sector) are only just starting to realise the benefits of cloud computing, is that it means different things to different people.
Do you sell goods or services to consumers via the following channels?: over the telephone via the internet ‘off premises’, e.g. at trade shows or at people’s houses If the answer is yes then there are changes being brought in fro…
In May 2013 Mr Justice Coulson gave judgment in the High Court in the case of Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited  EWHC 1191 (TCC). This case is not unusual, but demonstrates the power of exclusion clauses in comme
Looking to improve processes or services in your business?
A briefing note relating to the recent judgment in UsedSoft GmbH v Oracle International Corp and, in particular, the effect of the case on the exhaustion of rights in software.
In the wake of the euphoria and national pride of this summer’s London Olympics, this November we hosted a breakfast seminar led by Paul Dickinson from the Olympic Delivery Authority who was head of procurement for the Olympic Park.
“Agile Software Development” is now seen by many as the preferred software development methodology. It is important to recognise how this approach to software development differs to traditional approaches and how to contract for it effectively.
A bill is in parliament for the introduction of a Groceries Adjudicator, the aim being to make it easier for suppliers to enforce the Grocery Supply Code of Practice, and give small businesses better protection when dealing with more powerful retailers.
Sarah Tahamtani, partner in the employment team at Clarion, offers advice about how can small and medium sized businesses can avoid problems from the use of social networking.
The law surrounding internet cookies has become increasingly complex due to some intervention from Europe. Many people are unaware of what cookies are, when they are used, or what they do, but nevertheless, consumers will soon be required to &…
Hertfordshire County Council (“HCC”) and A4e Limited (“A4e”) have received the first monetary penalties from the Information Commissioner (“IC”) for serious breaches of the Data Protection Act, both concerning the unint…
While there has been a large amount of case law over the years about what is meant by “best endeavours” and “reasonable endeavours”, it has not always provided the clarity we need, as solicitors, to advise clients with certainty.…
In the recent case of Rooney and Other –v- CSE Bournmouth Limited (2010) EWCA Civ 1285, the Court of Appeal held that the phrase “terms and conditions available upon request” on a work order could be interpreted as incorporating terms …
Commercial contracts are sometimes considered to be one of the trickiest legal areas to deal with, particularly for business owners and managers who do not have a legal background. However, a significant proportion of contract litigation arises from enti
A two year development programme has resulted in Leeds-based electronics and manufacturing specialist Sound Leisure this month starting production of the Vinyl Rocket Jukebox, the first vinyl jukebox to be manufactured by the company in 25 years and the o…
We have once again been recognised in national awards having been chosen to represent Yorkshire in two categories of the prestigious Legal 500 UK 2017 Awards.
Our commercial team has helped The Outward Bound Trust in bringing to fruition the ‘most ambitious charity fundraising event in the City of London’s history’.
Clarion’s successful commercial and IT law team is continuing to grow with the appointment of David Cunningham as partner. David joins us from Bond Dickinson and has 15 years’ experience in commercial law, specialising in technology and busin…
Congratulations to Fiona Marr and Dominic Blakeley.
Fast growing Yorkshire business Exquisite Handmade Cakes Ltd has secured a five figure sum for further capital investment with the help of crowd funding company rebuildingsociety.com in a deal supported by corporate lawyers from Clarion.
The specialist commercial team at Leeds-based Clarion is growing with the addition of Linzi Sutton as associate.
We are delighted to announce that Lewis Toohey has joined as an associate in the growing commercial team.