companylaw

02

Feb

2024

Entering into a partnership? Get it in writing

Roy Colaba's picture

Written by Roy Colaba

Business partners who failed to define their working relationship in writing – instead reaching agreements orally over bottles of red wine in a pub – paid the price when a dispute over money erupted and made its way to the Court of Appeal. Partner A...

26

Jan

2024

Reasonableness of Exclusion Clauses in Hire Purchase Contracts Under Fire

Written by Julian Milan

In a ruling of particular importance to the motor sales industry, the reasonableness of exclusion clauses in hire purchase contracts which seek to avoid liability in respect of goods that are not of satisfactory quality has been thrown into doubt by...

15

Jan

2024

Company Directors – You Need to Act to Secure Your Employment Rights

Written by Julian Milan

Company directors with imperfect knowledge of employment law all too often fail to give themselves the most basic legal protections to which even their most junior members of staff are entitled. In a particular case on this point, a businessman...

01

Dec

2023

Selling a Company? Put Lipstick on a Pig at Your Peril

Roy Colaba's picture

Written by Roy Colaba

When marketing a company, it may be perfectly legitimate to paint its business and prospects in the best possible light. However, as a High Court ruling showed, the thick application of lipstick to a pig may enter the realms of fraud. The case...

18

Oct

2023

Big Changes on the way for Companies

Written by Julian Milan

The Economic Crime and Corporate Transparency Bill which is passing through parliament but seemingly now in near final form looks set to make a number of significant changes to how companies will be required to deal with Companies House. Some of the...

12

Oct

2023

Sports and social clubs- is it time to incorporate yours?

Sydney Mitchell's picture

Written by Sydney Mitchell

At Sydney Mitchell, we act for a lot of clubs. Many are sports and social clubs some of which have been in existence for over a hundred years and are still thriving, but of late we have had a number of instructions or enquiries from clubs looking to...

28

Jul

2023

Lending Money to Your Company? How and When Will You Be Repaid?

Written by Julian Milan

Shareholders and directors commonly lend money to their companies with a view to providing working capital or otherwise assisting their businesses. However, as a Court of Appeal ruling made plain, it is vital to formally record in writing the basis...

27

Apr

2023

Minority Shareholder in Family Business Succeeds in 'Unfair Prejudice' Claim

Heleena Gandham's picture

Written by Heleena Gandham

Minority shareholders may have limited managerial influence but they are very far from powerless and have rights that must be respected. The High Court made that point in coming to the aid of a man whose dividends were unjustifiably suspended...

08

Aug

2022

How to Distinguish a Binding Contract From an Agreement in Principle

Roy Colaba's picture

Written by Roy Colaba

The difference between a binding contract and an agreement in principle, subject to further negotiation, could hardly be more important. However, as was shown by a High Court case concerning the proposed construction of an anaerobic digestion plant...

24

May

2022

Shareholders' Interests 'Preferred' Over Those of Other Creditors

Leanne Schneider-Rose's picture

Written by Leanne Schneide...

When a company becomes insolvent, unsecured creditors have little choice but to wait in line to be paid. However, as a High Court ruling underlined, they are all entitled to be treated equally – and that includes shareholders and directors. The case...

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