Tim Wright
Tim Wright is a partner in the corporate department at Fladgate.
He specialises in commercial, outsourcing and technology transactions across various sectors such as banking, insurance, healthcare and technology. Services include outsourcing, cloud computing, digital platforms and e-commerce, web development and hosting, software development and licensing, system integration projects, business transformation and digital projects, joint ventures, artificial intelligence and robotic process automation contracts, and wide-ranging procurement, commercial contracts and privacy issues.
Tim has acted for a number of pharmaceutical, banking and insurance companies, including GlaxoSmithKline, Dr. Reddy’s Laboratories, Sumitomo Dainippon Pharma, UBS, BNP Paribas, Cooperative Financial Services, Old Mutual, RSA, Phoenix Life, AXIS Capital, UBS and Goldman Sachs, as well as service providers such as Aon Hewitt, HCL Insurance, Storm Technologies, Company Watch and DST Systems, delivering a broad range of outsourcing and technology deals including information technology, facilities management, pensions administration, employee benefits administration, logistics, finance and accounting, and HR, as well as cloud computing, data processing agreements, and Workday, ERP (SAP, Oracle) and Office 365 implementations.
Since 2009, he worked extensively with GlaxoSmithKline on its global integrated facilities management outsourcing arrangements which has included strategy, extensive negotiations, scope expansions, service level agreements, service changes and re-procurements with GSK’s key FM vendors including CBRE and Sodexo.
Tim is a member of the Law Society of England & Wales, the Law Society of Ireland, ITechLaw, the Global Sourcing Association, the International Bar Association and the Society for Computers & Law.
He qualified in 1992, joining Fladgate in January 2019 from Pillsbury Winthrop Shaw Pittman LLP. Tim is also qualified in Ireland.
Practice Areas
Panels
- Consulting Editorial Board
- Contributing Author
Education
- Law Society Finals, The College of Law, York (1992)
- LLM, University of Bristol (1991)
- BA (Hons), Sussex University (1990)
7 Contributions by Tim Wright
PRACTICE NOTES
A practitioner's guide to services framework agreements: call-off structures, incorporation and precedence, liability, exclusivity, change control, termination, dispute resolution, and group company rights
Framework agreements
Framework agreements (often called master services agreements) act as umbrella contracts setting out standard terms and conditions for goods or services procured under separate call-off contracts, frequently described as statements of work or work orders. This Practice Note centres on the use of such frameworks for the supply of services. Nevertheless, they are equally effective for any goods or services where a purchaser expects repeat requirements over time. They are also valuable when arranging the supply of goods and services across several jurisdictions. The framework can capture the overarching terms and conditions, whilst each call-off (sometimes referred to as a local enabling agreement, or a local services agreement, in that scenario) can include country-specific provisions. Framework agreements are adopted in both public and private sectors; however, public bodies must observe and comply with relevant public procurement rules when entering into framework arrangements. This Practice Note does not address public procurement law, nor does it cover particular laws that govern contracting in regulated sectors; for more on these topics see Practice Note: Introduction to public contracts procurement. In short, the framework sets baseline terms, and each call-off defines the order, including any local terms required for the relevant country. There are...
TMT
PRACTICE NOTES
UK private sector invitations to tender: legal drafting, procurement process design, evaluation criteria and contract terms guidance
This Practice Note
This Practice Note offers practical, hands-on guidance for drafting and advising on an invitation to tender within a private commercial procurement setting. It addresses, among other matters, preparation and planning, confidentiality and intellectual property, overall approach, alternative techniques, legal status, principal issues, drafting points, contractual terms and conditions, evaluation criteria, stakeholder management and cross-border considerations relevant to such procurements.
Organisations issue an invitation to tender (ITT) (also known as a request for proposal (RFP)) when they intend to solicit and duly assess a tender (or proposal) from two or more third party suppliers of defined goods or services (or a mix of both) and, thereafter, to enter into a contract with the supplier most capable of consistently delivering those goods or services at a competitive price.
This Practice Note is designed for general commercial practitioners advising business customers on procuring a wide range of commercial arrangements from third party suppliers, including the following:
the supply of goods
IT services, for example application development and maintenance
outsourcing of IT or business processes
telecommunication network services
facilities management services
warehousing, distribution and logistics services
contract manufacturing services
It does not address procurement in the context of a construction project...
Commercial
PRACTICE NOTES
Wilful Misconduct, Deliberate Default, Abandonment and Repudiatory Breach in Exclusion and Limitation Clauses: Case Law and Drafting Guidance under English Law
This Practice Note provides guidance on the meaning, application and significance of frequently used expressions in exclusion and limitation of liability clauses in commercial agreements, including the following terms:
abandonment
wilful misconduct
deliberate default
It reviews how case law has interpreted these expressions and offers pointers for parties when drafting and negotiating commercial agreements.
What is an exclusion or limitation of liability clause?
An exclusion clause is a contractual provision that specifies what liability is excluded, sometimes described as an exemption clause. A limitation of liability clause is a contractual provision that sets boundaries on liability. Both types of clauses are controlled by statute and the common law. For an overview of those controls, see Practice Note: Exclusion and limitation of liability and for an example of a limitation provision, see Precedent: Limitation of liability clause.
What do the terms used in these types of clauses mean and why is this important?
The wording used in an exclusion or limitation of liability clause determines how it operates in particular circumstances and may shield a party from liability for specific categories of damage, even where such damage arises from...
Commercial
PRECEDENTS
Cross-Border Intra‑Group Services Agreement Template (governed by the laws of England and Wales)
This Agreement is entered into on [ date ]
Parties
[ insert name of Supplier ] [ of, or a company incorporated in [ England and Wales ] with company number [ insert registered number ] whose registered office is at [ insert address ] ] (Supplier); and
[ insert name of Customer ] [ of, or a company incorporated in [ England and Wales ] with company number [ insert registered number ] whose registered office is at [ insert address ] ] (Customer), with each of the Supplier and the Customer being a party and, together, the Supplier and the Customer constituting the parties.
Background
The Customer carries on the business of [ insert description ] and is established in England and Wales.
The Supplier carries on the business of providing [ insert description of services ] to other businesses and is established in [ insert place of establishment ].
The Supplier and the Customer are members of the same corporate group.
The parties have agreed that the Supplier shall provide services to the Customer on the terms set out in this Agreement.
...
Commercial
PRECEDENTS
Customer‑favourable manufacturing and supply agreement with quality, pricing, delivery, IP, audits, product recall, data protection and compliance provisions (governed by the laws of England and Wales)
This Agreement is dated [ insert date ] and is made between 1 [ insert name of customer ] [ of OR a company incorporated in [ England and Wales ] with number [ insert registered number ] whose registered office is situated at ] [ insert address ] (Customer); and 2 [ insert name of manufacturer ] [ of OR a company incorporated in [ England and Wales ] with number [ insert registered number ] whose registered office is situated at ] [ insert address ] (Manufacturer), each of the Customer and the Manufacturer being a party, and the Customer and the Manufacturer are jointly the parties.
Background:
(A) The Customer Group [ manufactures, distributes and sells [ insert ] ].
(B) The Manufacturer possesses the facilities, production capacity, technical expertise, personnel, skills and experience to produce the Product.
(C) The Customer intends to purchase, and the Manufacturer intends to manufacture and sell to the Customer, the Product on the terms and conditions of this Agreement...
Commercial
PRECEDENTS
Intra-group Services Agreement Template (England and Wales): comprehensive intercompany service terms, charges, intellectual property, confidentiality, data protection, liability caps, indemnities, change control, termination and dispute resolution
This Agreement is entered into on [ date ]
Parties
[ insert name of Supplier ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] having its registered office at ] [ insert address ] (the Supplier);
[ insert name of Customer ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] having its registered office at ] [ insert address ] (the Customer), and each of the Supplier and the Customer is a party and, collectively, the Supplier and the Customer are the parties.
Background
The Customer carries on the business of [ insert description ].
The Supplier is engaged in supplying [ insert description of services ] to other businesses.
The Supplier and the Customer are both members of the same corporate group.
The parties have agreed that the Supplier will provide services to the Customer on the terms set out in this Agreement...
Commercial
PRECEDENTS
Precedent manufacturer‑friendly manufacturing and supply agreement: forecasts, orders, minimum purchase commitments, Ex Works delivery, price review, quality and IP, liability caps, recalls and compliance (England and Wales law)
This Agreement is entered into on [ insert date ] between: 1 [ insert name of manufacturer ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (Manufacturer); and 2 [ insert name of customer ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (Customer). Each of the Manufacturer and the Customer is a party and, together, the Manufacturer and the Customer constitute the parties...
Background:
(A) The Manufacturer manufactures [ insert ]...
(B) The Customer Group manages the distribution and sale of [ insert ]...
(C) The Manufacturer intends to manufacture and sell the Product to the Customer, and the Customer wishes to purchase the Product, on the terms and conditions of this Agreement...
Commercial
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