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Contract law update: Recent developments and practical tips
03 May 2019On 2 May 2019, Mark Lim, Sohrab Daneshku and Nigel Enticknap from our commercial dispute resolution practice group hosted a seminar discussing provisions that commonly feature in commercial contracts. Whilst important, these terms may enjoy limited attention during negotiations. We covered recent case law, offered tips on how to interpret key clauses and discussed how to avoid common pitfalls. Below is a summary of some of the key points.
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Keeping accurate records or disqualification and potential prison time? Surely an easy choice!
24 April 2019Evidently not for some…
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Can restrictive covenants survive a TUPE transfer or are they TUPE’doed?
24 April 2019“To be, or not to be: that is the question.” Many will know these to be Hamlet’s words early in the eponymous play. TUPE or not TUPE (with respect to restrictive covenants) is a thought that most buyers of a business have, but often too late in the day. What do these two have in common? Potentially tragic consequences.
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Penalty appeal kicked into touch - Nosworthy v Instinctif Partners Ltd
24 April 2019A court has recently upheld the actions of an employer (IP) which enforced bad leaver provisions contained in its articles of association (Articles). Those provisions required a resigning employee (N) to transfer her shares for minimal consideration and forfeit her loan notes.
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Entrepreneurs’ relief: the brave new world
13 March 2019This is an update on the changes to the qualifying criteria for entrepreneurs’ relief introduced in the October 2018 Budget, amended in December and now embodied in statute.
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Can / should someone who is not a director be invited to join a committee of the board?
13 December 2018Even if a company’s articles of association permit a committee of the board of directors of a company to comprise or include persons who are not directors, is it sensible for such a committee to be appointed? Are there benefits? This article explores this question.
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Lewis Silkin appointed to Crown Commercial Service wider public sector legal services panel
06 December 2018Lewis Silkin is delighted to announce its appointment to the Government’s Crown Commercial Service (CCS) Wider Public Sector Legal Services agreement (RM3788) to provide a full range of legal services to public bodies in the UK.
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Budget 2018. What a wonderful surprise! No really, you shouldn’t have!
30 October 2018It was my birthday recently, so I was delighted when the Chancellor told me he had got me a present. A Budget! It was a little late, distinctly homemade, and wrapped in a spreadsheet (natch) - but I was fascinated to find out what was inside. In other words, here is a selection of key tax changes for business that were announced in the Budget.
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Can we remove “limited” from the end of our company name?
30 July 2018In certain circumstances a private limited company can apply to Companies House to be registered with a name that does not have “limited” (or the Welsh equivalent) at the end. This article summarises the circumstances of this exemption.
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Corporate Update – June 2018
04 July 2018Welcome to our June 2018 Corporate Update which brings you news and our views on law and practice for corporates and their owners and managers.
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Sports Q&A – Corporate governance - key things to know
29 June 2018I’m taking on an in-house role with a professional sports team and will have responsibility for ensuring the board meets its corporate governance requirements. What are some of the key things I should know?
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Matthew Rowbotham writes for PR Week: Is PR ready to share? The employee ownership alternative to the agency model
29 June 2018In an article for PR Week, Matthew Rowbotham comments on how employee ownership uptake has, generally, remained confined to a few core sectors, and asks, is PR ready to share?
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The new 2018 QCA Corporate Governance Code for small & mid-size quoted companies
27 June 2018The Quoted Companies Alliance, the independent membership organisation that champions the interests of small to mid-size quoted companies, has recently released its revised and updated QCA Corporate Governance Code 2018.
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Court implies duty of good faith in “relational” contract
26 June 2018The courts may be more willing to imply a duty of good faith into joint venture agreements, following a recent High Court case.
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Director’s privacy – improvements to the Companies House regime for removal of residential addresses
26 June 2018New regulations, which came into force on 26 April 2018, will make it easier for directors (and others) to remove their residential addresses from publicly available Companies House documents.
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What makes a company a quasi-partnership?
20 March 2018Lord Wilberforce’s observation that “a company, however small, however domestic, is not a partnership…” indicates that there are clear distinctions between even the smallest companies and partnerships. However, case law has shown that in some instances the court has been willing to deem companies “quasi” or “in substance” partnerships.
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Directors held to be trustees of company property
08 March 2018The Supreme Court has held that directors should be treated as being in possession of company property from the time of their appointment because, as fiduciary stewards they are trustees of trust property within the meaning of section 21(1)(b) of the Limitation Act 1890 (“the Act”).
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Update on the new tax rules for payments in lieu of notice
16 February 2018New tax rules will mean that income tax and national insurance contributions (“NICs”) must be paid on all payments in lieu of notice (“PILONs”) with effect from 6 April 2018.
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Further clarity on relevance of TUPE following a share sale
31 January 2018How relevant is TUPE in the context of a share sale? A recent decision of the Employment Appeal Tribunal (“EAT”) provides a reminder that TUPE can easily come into play when a buyer is considering what to do with its newly acquired subsidiary. In this case, the buyer’s actions led to an unexpected TUPE transfer and a £3.5 million bill.
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AIM becomes SME Growth Market – the implications for AIM companies
10 January 2018AIM, the London Stock Exchange’s international market for smaller growing companies, was registered as an SME Growth Market on 3 January 2018.