If you Litigate, be Commercial: Litigation Funding and Risk Mitigation

Abstract

A contact, a senior in-house lawyer for a multi-national software and hardware firm, said his days were regularly punctuated with calls from members of the sales team asking whether they could dispense with one or more clauses in the firm’s standard terms and conditions. That was usually in order to, “secure the major deal as the customer won’t agree to purchase including that clause”. The usual reply given was that: - • it was a commercial rather than a legal issue, so the sales- person would have to take responsibility for a commercial decision; • the standard clauses were necessary to protect the interests of the firm and if the sales person wanted to delete a standard clause then so be it,