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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...
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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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Commercial disputes blog

English courts seek to maintain international custom post-Brexit

10 Jul, 2018
by: Cripps Pemberton Greenish
The legal services industry is an important part of the UK economy. England and Wales in particular is the jurisdiction and law of choice for many international business...
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Commercial disputes blog

Excessive directors’ pay and unfair dividends – what can a minority shareholder do?

12 Jun, 2018
Owner / managers of businesses are entitled to be paid for their management role but this pay must not be unfair in relation to shareholders who are not managers   A common...
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Commercial disputes blog

The Importance of Partnership Agreements for GP Practices

2 May, 2018
There can be many benefits to both an individual GP and to a practice, of a GP being appointed as a new partner.  But once the decision has been made for a GP practice to take on...
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Commercial disputes blog

Service of documents by email – follow the court rules

9 Apr, 2018
by: Cripps Pemberton Greenish
  The Civil Procedure Rules do not allow documents to be served via e-mail unless the other side expressly agrees to accept e-mail service. Where there is no express...
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Commercial disputes blog

Shareholders behaving badly in s.994 petitions

29 Mar, 2018
  When does a petitioner’s conduct in shareholder litigation merit a penalty in terms of legal costs?  The case of Re Tradeouts Ltd (2018) provides some answers.  ...
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