Consultancy Agreements

Businesses often engage consultants via a company – ordinarily, a personal service company (known as a PSC) owned wholly by the consultant providing the services, or, can appoint a specialist company to provide ad-hoc consultancy services.

When contracting with a consultant via a PSC, the agreement must document the commercially agreed terms to formalise the relationship.

A consultancy agreement ordinarily contains provisions such as:

• responsibilities and obligations of the consultant;
• the identity of any individual who is to provide the consultancy services, and how replacements for such individual can be appointed;
• payment and financial terms, including whether the consultant is to be paid on a time and materials or commission basis;
• responsibility for tax and social security;
• liability of the consultant in respect of the advice or services they are providing; and
• intellectual property rights of the deliverables and materials the consultant delivers during the course of the services.

Consultancy arrangements can be complex and can lead to disputes and legal or tax issues if not dealt with correctly. Developments in employment and tax law in recent years have added further complexity as legal and tax authorities now tend to look at the reality of the relationship in place (rather than the terms of the contract or names the parties have given to the relationship) to identify the status of the consultant.

Businesses who create a relationship with the consultant indicating one of employment may find themselves liable for the associated tax payments and to the individual for various employment rights. In conjunction with a written consultancy agreement, seeking early legal advice is essential for businesses to understand such risks and ensure they have the correct arrangements in place. 

Businesses looking to engage a company (other than a PSC) to provide consultancy services generally require a supply of services agreement or terms and conditions together with a service level description. See Commercial Contracts and Standard Terms and Conditions for more information on these documents. We can draw on our experience in drafting PSC consultancy contracts and supply of services agreements to ensure your agreements cater to your specific requirements.

• We provide a partner-led service to ensure you receive the best commercial legal advice and support.
• We have a large and proactive commercial team which can meet your deadlines.
• You will receive city-quality commercial legal advice and commercial services at regional prices.
• As part of a full-service commercial law firm, our commercial solicitors work closely with our Dispute Resolution, Employment, and Commercial Property departments to provide our clients with a seamless service.
• We have been ranked as a Top Tier law firm by the Legal 500 for the last seven years and recognised as a Top 200 Law Firm in 2022.
• Our commercial solicitors are easy to deal with and understand that a common-sense approach is often required.
• We give our clients an estimate of the costs involved in undertaking any work at the outset and provide cost updates regularly.
• We understand that each matter is unique to your circumstances and that you need support from a commercial lawyer experienced in dealing with various clients and types of work.
• We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
• Our commercial team use the latest technology to ensure that we are working as efficiently as possible and that geographical distance does not prevent us from providing excellent legal advice and client service.

Reputation for excellence

Myerson is a Top 200 UK law firm with a strong reputation for delivering exceptional service and results. We’re highly ranked in Legal 500 and Chambers and have an impressive 4.8 score on Review Solicitors, reflecting our clients’ consistent satisfaction. When you choose us, you're choosing a trusted, respected partner.

Recognised leading individuals

Many of our lawyers are recognised as Leading Individuals in Legal 500, meaning you’ll have direct access to highly regarded experts in their field. In-house legal teams value working with specialists who provide tailored, high-level advice in their areas of expertise.

Comprehensive and expert legal services under one roof

Myerson In-House+ provides access to highly specialised lawyers across a full range of legal services, including corporate law, property, IP, employment, disputes, and data protection. As your trusted partner, we ensure you have the expertise you need in key areas, offering seamless support and eliminating the need to look elsewhere.

City-centre quality at competitive rates

With our out-of-city location, we provide city-level expertise at much more favourable rates. At Myerson, you get the high-quality legal services you need, without the high costs, allowing in-house teams to stay within budget while accessing top-tier support.

Industry Expertise

We bring specialist knowledge across multiple sectors, including Technology, Financial Services, Retail, Hospitality, Manufacturing, and more. We don’t just know the areas of law; we understand the specific intricacies of your industry.

Decades of experience supporting in-house teams

Myerson has been supporting in-house legal teams for over 40 years. We work closely with many in-house lawyers, working as a seamless extension of their legal function. Many of our solicitors have also worked in-house or on secondments, giving us first-hand insight into your challenges.

Flexibility and adaptability

Myerson In-House+ offers flexible collaboration options. On a retainer, project basis, or matter-by-matter, our adaptable service ensures we support you the way you want.

A strong network and valuable connections

At Myerson, we’re more than just legal experts; we are a well-connected partner. Our strong industry network enables us to offer valuable referrals, insights, and connections that can support your in-house team beyond legal advice.