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Commercial disputes blog

No Time to Buy - Mini-Bonds

14 Apr, 2022
What are mini-bonds? ‘Mini-bond’ is a name given to a type of high-risk investment that is usually non-transferable debt securities (NTDS). They are created by a company...
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Commercial disputes blog

Model Articles – are you quorate as a sole director?

8 Apr, 2022
A High Court case has shone a light on how the Model Articles work when there is a sole director and come up with an unexpected result.  In summary, unless the Model Articles are...
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Commercial disputes blog

The long goodbye – an end (finally) to temporary COVID insolvency measures

1 Apr, 2022
Today (not an April Fool!) marks the end, finally, of all temporary COVID insolvency measures, with the exception of certain rent arrears between 21 March 2020 and 12 April 2021...
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Commercial disputes blog

The Good, the Bad and Practice Direction 57AC

25 Mar, 2022
  Unfortunately for Greencastle MM LLP there was not much that was good about the witness statements that had been prepared by its witness, Mr John Quinlan. Mr Justice...
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Commercial disputes blog

Director disqualification - How to apply to court for permission to act as a company director notwithstanding disqualification

22 Mar, 2022
Where a disqualified person wishes to act as a company director (or be involved in the promotion, formation or management of a company), during the currency of any such...
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Commercial disputes blog

County Court Judgment affecting your credit rating?

2 Mar, 2022
            County Court Judgment affecting your credit rating? A County Court Judgment (“CCJ”) may be entered against you if you fail (or appear...
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Commercial disputes blog

All things 'BILS' and Directors Disqualification

23 Feb, 2022
In the space of 15 months, from March 2020, the three main Covid loan schemes – Bounce Back Loan Scheme (BBLS), Coronavirus Business Interruption Loan Scheme (CBILS) and a scheme...
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Commercial disputes blog

Company dissolution is no longer the safe space for directors to hide

7 Feb, 2022
You may have seen our blog published on 19 November 2021 commenting on The Ratings (Coronavirus) and Directors Disqualification (Dissolved Companies) Bill.  On 15 December 2021...
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Commercial disputes blog

Coronavirus Cancellations: What should businesses do when faced with cancellations and contract terminations caused by Covid-19?

12 Jan, 2022
In December 2021, in the face of the rapidly spreading Omicron variant of coronavirus, the government reissued advice to work from home, where possible, and to limit social...
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Commercial disputes blog

Insolvency Law Made Clear - A Guide for Debtors

5 Jan, 2022
Thanks to Daniel Kessler, a barrister at 4 Stone Buildings and his book “Insolvency Law Made Clear: A Guide for Debtors”, anyone who is facing an insolvency situation either...
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Commercial disputes blog

The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Bill

19 Nov, 2021
In the biggest shake up for some time, powers are being given to the Insolvency Service to investigate the conduct of directors of dissolved companies (without the need for prior...
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Commercial disputes blog

The Importance of the Contents of Notices of Breach of Warranty or Tax Covenant Claims

11 Nov, 2020
If you have noticed this notice then you will notice that this notice is not worth noticing, somebody once said.  Never is this more true than when it comes to a notice of breach...
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Commercial disputes blog

Help – An Employee Has Stolen My Data!

9 Oct, 2020
  Stop – don’t panic. It is surprisingly common for an employee to (perhaps inadvertently) take material with them when they leave a company.  Your first step is to...
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Commercial disputes blog

Warranty and Indemnity Claims - What's the difference and why does it matter?

22 Sep, 2020
In tough economic times buyers of businesses are going to pay close attention to the assurances they are being given by the sellers.  Those assurances are usually backed by...
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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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