Lawyer finder

David Lowe

Partner
David Lowe

A partner in the Commercial, IT and Outsourcing team, I deal with a range of commercial contracts. Key areas are procurement, supply chain, facilities management, property management, outsourcing, logistics, manufacturing, supply of goods and services, international trade, consumer and travel law.

Tel: +44 (0)20 7664 0322
Email: david_lowe@wragge.com

Services: Commercial, Outsourcing, Projects
Business sectors: Food and Drink, Automotive, Aviation, Retail, Life Sciences, Travel

Best brains in ...

National and international supply chain and procurement is a fundamental part of all I do. My expertise in sale of goods is shown by my involvement in developing the Incoterms 2010 rules – the international freight delivery terms. I have advised on numerous logistic agreements with most of the main suppliers. And I have worked with numerous major corporates on their procurement strategies. This supply chain expertise is best illustrated by my role in the food and retail sectors.

I have a particular strength in property management, facilities management (FM), hotel management, auctions and other commercial contracts in the real estate sector. I have written several guides to best practice in property management for the RICS.

In the holiday and travel sector I learnt about the realities of the travel and holiday sector when on secondment at British Airways. I am an expert in the Package Travel and ATOL regulations.

I'm at my best when dealing with the unusual, particularly when there are no precedents. For example, the Olympics - or moving the Motor Show (UK's largest consumer show) from the NEC to ExCel.

Highlight of your career so far?

Advising the Mayor of London and the Greater London Authority in its bid on behalf of London for the 2012 Olympics. I reviewed the Host City Contract, which is the contract between London and the International Olympic Committee. It had to be reviewed as part of the final bid submission – next time I saw it, it was being held up in the air triumphantly by Sebastian Coe in Singapore. The first time I have seen one of my contracts on TV!

In a very different way working with eight other leading international supply chain experts to develop the Incoterms 2010 (which codify terms such as Ex-works, FCA, FOB and CIF) rules has been terrific – a big contribution to critical international delivery terms.

Most challenging job you've ever done?

I have supported BP on a number of large fuel supply agreements with its most substantial of customers. I recently supported on the contract to supply fuel to more then 30 Moto motorway service stations. They are always challenging - the commercials are complex, there is often a tricky regulatory issue. The size of the deals means that many corners of BP are involved with the consequential challenge of coordinating commercial input and then there is the need to educate the customer on some of the curious features of fuel delivery and pricing. The negotiations are tense, demanding and stretching but always rewarding!

However the BP deals might be matched by the London Cycle Hire Scheme – we are advising Transport for London on the Cycle Hire Scheme. It is a novel project, with huge scale and ambition, and important to London.

What about outside the UK?

International work is important to me. I am one of the eight experts who have just completed the ten-year review of the Incoterms rules – the international delivery terms (e.g. Ex-Works, FCA, FOB etc.).

International work is a routine part of advising on commercial contracts. Sometimes it's because English law is convenient - we recently advised on the sale of bulk cement from a Russian party to a US customer via a Spanish agent.

Sometimes it's in the context of helping businesses exploit international opportunities - for example we helped Birds Eye structure its presence in Turkey and identify the optimum supply chain structure.

Sometimes it's related to the export or import of goods. We advised on a $30 million export of an automotive plant to China on a turn-key basis, with in excess of 300 containers, multi-modal transport arrangements, export licence clearance on a fast track basis and four difficult letters of credit. It brought together all the challenges of exporting.

And cross border outsourcing is of ever increasing important – I am advising an international bank on an EMEA wide FM outsourcing.

What's your definition of going the extra mile?

Great client service is not one great moment, it's a constant and consistent effort. It is not an add-on but a fundamental part of the service we provide. I am especially proud of the work I have done over several years with CB Richard Ellis advising it on many of its property management contracts. These range from large city properties such as Spitalfields to portfolios such as the outsourcing by HSBC of the property management of its UK branches and other properties. CBRE needs to demonstrate to its clients excellent, commercial and responsive service, and I need to consistently ensure that we contribute to that. That means dealing quickly with the unexpected, helping CBRE find solutions which support its client service but at the same time manage its risk, and looking to contribute at a commercial business level as well as dealing with the legals.

Best example of a creative legal solution?

Last year I worked with Birds Eye to establish new arrangements for a frozen food warehouse with Partner Logistics and national and international logistics outsourcing to DHL. This was of critical importance – it underpins the nation's supply of fish fingers and frozen peas!  Key negotiations took place in the immediate aftermath of Lehman's collapse. We came up with an innovative structure which secured Birds Eyes' confidence in its arrangements without undermining the warehouse providers financial arrangements.

Alerts

12.07.10

I want my postage back! Delivery Charge refunds under Distance Selling Regulations

The Distance Selling Regulations have been in force for almost 10 years now, but some thorny issues keep coming up. And whether or not retailers are required to refund delivery charges appears to be one of them, following an investigation carried out by the BBC.

29.04.10

General election manifestos and supermarket regulation - a 'blow' for democracy?

Last week, the Labour Party, Conservatives and the Liberal Democrats rolled out their manifestos ahead of the general election on 6 May 2010.

Each manifesto alludes to the GSCOP which came into force on 4 February 2010 through The Groceries (Supply Chain Practices) Market Investigation Order 2009.

03.03.10

Consultation on supermarket regulator

The Groceries (Supply Chain Practices Market Investigation) Order 2009 (GSCOP) came into effect on 4 February 2010. The Order requires certain supermarkets to have written terms with the majority of their suppliers of goods for resale in place.

28.01.10

Terms to be imposed into supplier:retailer grocery contracts

On 4 February 2010 the Groceries (Supply Chain Practices Market Investigation) Order 2009 (the Order) comes into effect.

11.12.09

Expand your business - The Provision of Service Regulations 2009

The Provision of Service Regulations 2009 are due to come into force on the 28 December 2009. The Regulations implement the Services Directive into the UK and affects almost all businesses that provide services within the European Economic Area (EEA).

15.09.09

Incorporate amended legislation

When legislation is referred to in an agreement, the parties need to ensure that this reference will automatically update as changes are made to the legislation. Contracts need to include specific wording to allow this to happen.

27.07.09

Foxtons outfoxed: OFT wins ruling against unfair standard terms aimed at consumers

A recent case has served as a useful reminder of the importance of ensuring consumer contracts are fair and in plain English. In Office of Fair Trading v Foxtons Ltd [2009] EWHC 1681 (Ch), the High Court has ruled in favour of the Office of Fair Trading.

08.07.09

Make sure you exclude the implied conditions!

Sellers will normally exclude all implied warranties, such as satisfactory quality.

08.07.09

Make sure you exclude the implied conditions!

Sellers will normally exclude all implied warranties, such as satisfactory quality. You should check that your drafting excluding implied terms is correct.

27.04.09

Government unveils new trade credit insurance scheme

A £5 billion initiative, unveiled as part of Wednesday's Budget, will enable companies which have had their trade credit insurance cover reduced by traditional providers to purchase 'top-up' credit insurance from the Government.

17.10.08

Olympics update - a round-up of all the latest news

Wragge & Co's latest round-up of Olympic news has a strong focus on the energy resources which will be powering the Games.

01.09.08

Marks, set, ambush - associating your brand with the Olympics

Thanks to Team GB's Beijing medal bonanza and the official handover to London as the next host city, the Olympic Games has dominated the news over the last few weeks.

13.08.08

Ryanair threatens to cancel scraped flights: how the way a contract comes into being affects its enforceability

Ryanair has announced that it intends to cancel all flight tickets which have not been purchased directly from its website www.ryanair.com or call centre.

04.08.08

Profit warning - when is loss of profit too remote to recover?

Liability clauses – can't live with them, can't live without them. But as time, and practice, goes on, they become more and more complex. So, it is becoming increasingly important to explain the likely interpretations of the phrases used.

30.06.08

Securing exclusive appointments

Read Wragge & Co's expert analysis which demonstrates why any property agent or surveyor needs to get the drafting of their exclusive appointments right if they are to secure payment.

25.06.08

Commission right? Read on...

In a further indication that the housing market is becoming increasingly tough, there have been three cases within the last year concerning the ability of estate agents to claim and recover commission after introducing purchasers to a property.

21.05.08

Incoterms review

Ex-works, Free Carrier (FCA), Free on Board (FOB) and Delivered Duty Paid (DDP) are all examples of International Commercial Terms (Incoterms).

09.05.08

Government announces broad review of consumer law

The Government has announced a broad review of consumer law.

23.04.08

Update your business - unfair trading law changes

Sales and marketing departments watch out – the revised Consumer Protection from Unfair Trading Regulations will now come into force on 26 May 2008. This new date gives traders much needed extra time to get their houses in order.

04.03.08

Consumer Protection Regulations: Are they fair trade?

Revisions to the Consumer Protection from Unfair Trading Regulations 2008 and Business Protection from Misleading Marketing Regulations 2008 were put before parliament yesterday by the Department for Business, Enterprise and Regulatory Reform.

28.01.08

Caught on camera - New CCTV Code of Practice out today

As public awareness of rights under Data Protection legislation increases, those who use CCTV should be aware of the appropriateness of their use of CCTV and their handling and storage of the data and images it produces.

24.01.08

Government guidance - what is a package holiday?

What constitutes a 'package' holiday is an issue of concern for the travel industry.

04.01.08

Olympics update - a round up of all the latest news

Wragge & Co has pulled together the latest Olympics news so you can glance through and pick out the bits that are of interest to you.

26.07.07

Compensation to agents upon termination of their agency agreement - the definitive answer

The House of Lords in Lonsdale (t/a Lonsdale Agencies) v Howard & Hallam Limited [2007] UKHL 32 has finally given a definitive answer on the issue of the compensation payable to agents upon the termination of their agency agreement.

23.06.03

Simplicity security and choice: working and saving for retirement

The recent White Paper heralds another big shake up for pensions law. In particular, many employers will be worried about how the impact of the improved protection for members will affect them.

29.08.02

An end to split-contracting?

The UK's Civil Aviation Authority (CAA) has issued a consultation paper proposing changes to the Air Travel Organiser's Licence (ATOL) Regulations.
 

Press releases

13.07.10

Wragge & Co plays pivotal role in Incoterms review

Wragge & Co is at the centre of a major launch of new rules governing international trading.

18.09.09

Wragge & Co advises Birds Eye on multi-million pound logistics and warehousing deal double

Wragge & Co LLP Commercial team has advised long-standing client Birds Eye Iglo Group Limited on a multi-million pound logistics and warehousing deal double. DHL will provide a national logistics service to the frozen food company.

02.10.08

Wragge & Co advises on long-awaited motor industry code of practice

Wragge & Co LLP projects and commercial teams have advised Motor Codes Ltd on the implementation of The Motor Industry Code of Practice for Service and Repair.

 

Published articles

There are currently no published articles for David Lowe.

 

Search for lawyer