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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

Is ‘time is of the essence’ and 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

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

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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Commercial disputes blog

Five things to remember if your dispute goes legal

9 May, 2019
If you have a problem and think you might need legal advice, the following points are worth bearing in mind.    The commercial reality If you feel you have been wronged and...
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Commercial disputes blog

Shareholders in family businesses behaving badly – the court’s response

11 Apr, 2019
    In the words of F. Scott Fitzgerald, “family quarrels are bitter things.  They don’t go according to any rules.  They’re not like aches or wounds, they’re...
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Commercial disputes blog

The Equality Act - are all partners born equal?

8 Mar, 2019
  All partners may not be born equal, but partnerships should abide by the terms of the Equality Act 2010 (the Equality Act) and may be held liable if they discriminate...
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Commercial disputes blog

Can a member of an LLP also be an employee?

28 Feb, 2019
A partner in a partnership cannot also be an employee of the business for the simple reason that a partner cannot employ themselves.  The position for Limited Liability...
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Commercial disputes blog

Declaring dividends – dangers for directors

13 Feb, 2019
Accountants for small businesses often encourage a relaxed attitude to money coming out of the company to the owner / managers, along the lines of “don’t worry we will sort it...
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Commercial disputes blog

Partnership v Company – piercing the corporate veil

12 Dec, 2018
It has long been argued that a company is preferable to a traditional partnership because of the protection from liability it offers to its directors / shareholders (the...
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Commercial disputes blog

Budget prefers HMRC in insolvency

28 Nov, 2018
Much of the legal analysis on the impact of the recent Budget has focused on the announcement of changes to Entrepreneur’s Relief that will have a significant impact on many...
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Commercial disputes blog

Why everyone should have interest on their radar

5 Nov, 2018
  Most commercial contracts provide for the consequences of late payment and will have a contractual interest provision, but not all businesses realise that if business to...
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Commercial disputes blog

How to avoid personal liability – a guide for company directors

28 Sep, 2018
How to avoid personal liability – a guide for company directors     Limited liability in a company context means limited liability for shareholders but not for directors...
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Commercial disputes blog

The Perils of Partnership Law

30 Aug, 2018
  It is surprisingly easy to enter into a business partnership and you can do so with very little formality.  It can be as easy as saying the wrong thing in a business...
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Commercial disputes blog

The potential for predictive coding to save time & costs!

26 Jul, 2018
Predictive coding can be used in litigation to help with the document review process in order to reduce time and costs.   Predictive coding is a machine-learning algorithm...
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Commercial disputes blog

How do the courts deal with the victims of invoice fraud?

17 Jul, 2018
We are continuing to regularly hear about incidents of invoice fraud as discussed in my previous article here.  The usual scenario is where a customer intends to make payment to a...
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