Legal Opinions

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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Legal Opinions

Our specialist team provides high quality, English law legal opinions for UK and international businesses, in house legal teams, commercial leaders, financial institutions and overseas law firms. Whether you require a formal opinion for a transaction, a clear view on risk, or commercially grounded guidance to support strategic decision making, we deliver fast, reliable and actionable advice.

We understand the pressures facing in house counsel, compliance professionals, commercial directors and investors. Our approach is pragmatic, responsive and aligned with your commercial objectives, helping you move forward with confidence.

We issue clear written opinions on whether a contract or specific clauses are valid, binding and enforceable under English law. This includes:

  • Assessment of contract formation
  • Review of governing law and jurisdiction provisions
  • Enforceability of indemnities, limitation clauses, liquidated damages, guarantees, non-competes and other key terms
  • Identification of enforceability risks and mitigation options

We produce structured written assessments breaking down your contract into clear, digestible elements, including:

  • Rights and obligations of each party
  • Allocation of risk and liability
  • Interpretation of key clauses
  • Remedies available on breach
  • Practical commercial risks and negotiation points

These analyses can be tailored for board packs, investment committees or internal risk assessments.

Our team provides written advice on whether and how a party may terminate a contract, including:

  • Termination for breach (repudiatory, material, anticipatory)
  • Termination for convenience
  • Insolvency related termination rights
  • Force majeure, frustration and other legal doctrines
  • The procedural steps required to give a valid notice
  • Recommended strategy

We offer clear, outcome-focused written assessments addressing:

  • Whether specific conduct constitutes a breach
  • Available remedies (damages, specific performance, injunctions)
  • Causation and remoteness considerations
  • Commercial settlement strategy

Our analysis is designed to help you make informed decisions quickly and confidently.

We provide written advice on UK competition law implications of planned commercial arrangements, including:

  • Distribution and agency models
  • Pricing, discounting and exclusivity arrangements
  • Collaborations, joint ventures and information sharing
  • Compliance steps, risk reduction measures and safeguards

These opinions support both internal approvals and cross-border coordination with overseas counsel.

We deliver opinions and structured guidance on whether your planned activities trigger requirements for FCA authorisation, including:

  • Assessment of regulated activities under FSMA
  • Financial promotions, payment services and e-money issues
  • Structuring options to fall within exemptions
  • Practical compliance steps to proceed safely

These opinions are especially valuable for payment services firms, insurance brokers, fintechs, platforms, wealth managers and international firms entering the UK market.

For investors, corporates and overseas law firms, we provide written NSIA assessments covering:

  • Whether a transaction triggers mandatory or voluntary notification
  • Whether an acquisition falls within sensitive sectors
  • Timing considerations and clearance strategy
  • Deal planning and risk allocation recommendations

Our opinions help avoid delays and ensure deal certainty.

Key contact

Mark Chapman PNG
Mark Chapman
General Counsel, Head of Commercial & Regulatory

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Meet our experts

Dedicated professionals ready to assist you.

Mark Chapman PNG
General Counsel, Head of Commercial & Regulatory
Cesare McArdle PNG
Partner
Rhian Hazeldene PNG
Solicitor
Siddhartha Saxena PNG
Senior Paralegal

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