This update applies to both limited companies and limited liability partnerships (LLP’s)....
It’s something of a given in English law that, if you enter into a binding contract and fail to perform your “side of the bargain”, you may well be liable to pay damages for breach to the other party. Generally, it’s irrelevant and no defence if the obligations you agree to in the contract subsequently become far more onerous, difficult or expensive than originally envisaged,......
It is anticipated that the Covid 19 outbreak will result in a spike insolvencies in the UK and it goes without saying that this means that a very considerable number of suppliers to companies or sole traders will have been left as unsecured creditors, likely to receive a fraction only (or nothing at all) of what they were owed for goods or services supplied. ...
The terms “warranties” “representations” and indemnities” are frequently used throughout the sale of assets or the sale of shares process....
The current spread of the coronavirus is likely to be used as justification for the delayed or non-performance of contracts globally. Do established contract law principles support non-performance because of Covid-19?...
It has been some months since the High Court delivered its judgment in R v Bridges concerning the use by South Wales police (SWP) of live facial recognition (LFR) in a public place. The claimant has since appealed the decision in the Court of Appeal and the SWP is still under investigation by the Information Commissioners Office (ICO)....
On 6 February 2020, the UK Department for International Trade (DIT) launched a public consultation to begin shaping the country’s new independent global tariff policy following the UK’s departure from the EU. The upcoming regime will enter into force on 1 January 2021....
The Enterprise Management Initiative (EMI) option scheme is a tax efficient incentive scheme designed to incentivise employees by enjoying the rewards of growth and business success usually on a sale...
Since the enactment of the Finance Act 2014, the popularity and acceptance of the Employee Ownership Trust (“EOT”) as an exit option for business owners has continued to gain support from lawyers, accountants, the Institute of Chartered Accountants in England and Wales and business owners themselves....
With the help of Clarkslegal, a new independent cinema is coming to Broad Street Mall in Reading this summer, in a deal between developer Really Local Group, and Moorgarth, the owners of Broad Street Mall. ...
The concept of share buybacks is a useful one. The ability for a company to buy back its own shares is seen as a useful tool for capital re-organisations and a tax efficient way in which to remove a shareholder or class of shareholders....
Following the recent decision in Farrar v Rylatt [2019], it is clear that use of the phrase ‘subject to contract’ continues to create work for lawyers in commercial situations and relationships. ...
The Companies Act 2006 contains a right for members of the Company to seek the removal of a director from office by convening a general meeting of its members and passing an ordinary resolution. This provision is seen as sacrosanct in the Companies Act 2006 – any attempt to exclude this right in the Companies articles of association would be unenforceable. ...
Clarkslegal is delighted to announce Legal 500 has recognised the law firm for the following practice areas; Corporate and Commercial, Commercial Litigation, Employment, Immigration, Education, Commercial Property, Construction and Commercial Contracts....
A recent Court of Appeal decision in Classic Maritime Inc v Limbungan Makmur SDN BHD [2019] EWCA Civ 1102 has considered whether a party could rely on an exceptions clause (similar to a force majeure provision) to excuse non-performance in circumstances where it was not able and willing to provide cargoes for shipping even if the force majeure event had not occurred. ...
Just one day after the ICO delivered a notice of intent to fine British Airways £183 million for alleged personal data breaches, it has delivered another, this time to global hotel group, the Marriott International....
The Information Commissioner’s Office has issued a notice of intent to fine British Airways under the new Data Protection Act 2018 (DPA)....
Charges over shares of companies incorporated under English law are not uncommon, often as part of a group banking facility, where subsidiary company shares are charged by the borrowing parent company in favour of the lender....
The default position for a tenant occupying commercial premises is that when the contractual term expires, the tenant has a statutory right to a new lease even if the landlord is unwilling to grant a new lease on a voluntary basis. ...
You may have heard from various press articles that the General Court of the European Union has recently upheld that the iconic three stripes design owned by Adidas is not distinctive enough for trade mark registration....