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Commercial disputes blog

Enforceability of English Judgments in the EU - how will Brexit affect this?

2 Jul, 2020
Judgments obtained in England and Wales are currently enforceable in all European Member States in accordance with the Recast Brussels Regulation (EU 1251/2012).  The procedure is...
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Commercial disputes blog

Corporate Insolvency and Governance Act becomes law

30 Jun, 2020
The Corporate Insolvency and Governance Act received Royal Assent on Friday 26 June and has now come into force.  This legislation was fast-tracked through parliament in just over...
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Commercial disputes blog

Tenants granted relief as stay of possession proceedings is extended

17 Jun, 2020
As my colleague, Laura Southgate, reported previously, a new practice direction was issued on 20 April under the Civil Procedure Rules (CPR) (PD51Z). The effect of PD51Z was to...
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Commercial disputes blog

Bringing warranty claims under an SPA – as soon as possible means as soon as possible!

11 Jun, 2020
  After you have bought a business unexpected problems or issues may be revealed. If you have a detailed Share Purchase Agreement (SPA) then you may be able to bring a claim...
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Commercial disputes blog

Employee shareholders – beware of restrictive covenants attached to the shares

3 Jun, 2020
Getting equity (shares) in the company that you work for can be a valuable reward. However employees should pay close attention to the terms that may be attached.   During...
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Commercial disputes blog

Corporate Insolvency and Governance Bill published

21 May, 2020
The eagerly awaited Corporate Insolvency and Governance Bill was published by government yesterday.  The draft legislation, which runs to 238 pages, will implement the biggest...
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Commercial disputes blog

Overpaid for a business – what are your options?

14 May, 2020
You have bought the shares in a company and within a few weeks you discover a black hole in the accounts, some liabilities you did not know about and the termination of some key...
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Commercial disputes blog

The impact of COVID-19 on calculating damages for breach of contract

28 Apr, 2020
One impact of the Coronavirus pandemic is to create greater uncertainty around the calculation of damages for contractual breaches.   The General Rule The general rule is that...
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Commercial disputes blog

Winding-up petitions banned for commercial tenants – COVID-19 update

24 Apr, 2020
    The Government yesterday announced further temporary measures to help protect commercial tenants against aggressive debt recovery actions from landlords during the...
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Commercial disputes blog

Nipping shareholders disputes in the bud

26 Mar, 2020
One clear way to improve your position in a shareholders dispute is to act early and act fast.  It is often the case that lawyers are called in too late, when early intervention...
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Commercial disputes blog

The Continuing Obligations of a Director

11 Mar, 2020
Although a director can exercise their right to resign whenever they choose, even if it is damaging to the company (subject to any express obligations, for example, under the...
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Commercial disputes blog

Are heads of terms or letters of intent legally binding?

10 Mar, 2020
We’re often asked by clients whether heads of terms or letters of intent they’ve already agreed with another party are binding.  This ultimately comes down to what has been...
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Commercial disputes blog

‘Time is of the essence’, what does it mean?

10 Mar, 2020
Has your firm placed an order for goods but they haven’t been delivered by the agreed date?  Or has a deadline for making a payment to your company under an on-going contract...
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Commercial disputes blog

LLP Mergers - How to Avoid Disputes

15 Jan, 2020
In November I attended a thought provoking event hosted by the Association of Partnership Practitioners about the due diligence that should be conducted when two LLP’s decide to...
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Commercial disputes blog

Six years is no limitation for directors in breach of fiduciary duty

1 Nov, 2019
Directors may not be able to rely on the standard six year limitation period if they are in breach of their duties to their company. Under the Limitation Act 1980 (‘the Act’)...
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Commercial disputes blog

Late payers beware - the Late Payment Act can bite

19 Sep, 2019
  The Late Payment of Commercial Debts (Interest) Act 1998 (‘the Act’) has been around for a little while now but suppliers are often reluctant to exercise their rights...
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Commercial disputes blog

Dissolution of a Partnership - Wielding Solomon's Sword

2 Aug, 2019
When thinking about how assets of a partnership should be divided it is helpful to think of the story of the Judgment of Solomon, where King Solomon had to rule between two women...
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Commercial disputes blog

The role of a company's auditors and accountants in shareholders disputes

21 Jul, 2019
A company's accountants and auditors often play a key role in the business of smaller companies, acting as general advisers to the directors.  This can lead to problems in the...
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Commercial disputes blog

Education administration – what is it and how is it different?

17 Jul, 2019
  Education administration is an insolvency process introduced in January this year that applies to further education (FE) bodies.  The objective of an education...
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Commercial disputes blog

Legitimate expectations in family businesses

6 Jun, 2019
Family owned companies are often classic examples of what lawyers call “quasi-partnerships”.  Whilst they are a corporate entity governed by formal documents such as articles...
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