Article Category: Commercial – Insight & Opinion

Using Company Finances to Fund Shareholder Disputes

Company shareholders discussing funding shareholder disputes

The recent High Court case of Koza Ltd v Koza Altin Isletmeleri AS [2021] EWHC 786 (Ch) involved a company incorporated in England (Koza Ltd) as well as a listed Turkish company (Koza Altin). In this case, the High Court has held that a company’s finances cannot be used to fund shareholder disputes. What Happened… Read more »

Why Failure to Follow the Share Buyback Procedure Can Prove Costly

person holding sheets of information illustrating share buyback procedure

The ability of a private limited company to purchase its own shares provides shareholders with a return on their shares. It is frequently employed upon retirement or cessation of employment, but it can also be used as an effective way of returning surplus cash to shareholders or tidying up the existing share capital structure. However,… Read more »

Data Protection: How Will Brexit Affect Regulations for Businesses?

Woman looking at laptop, reading about Data Protection

In May 2018, the General Data Protection Regulation (GDPR) came into force. The GDPR represented a huge overhaul of data protection laws with its purpose being to provide individuals with greater levels of protection for their personal data. As a member of the European Union, the United Kingdom was obliged to adopt the GDPR. However,… Read more »

British Airways GDPR Breach Fine Reduced due to COVID-19

GDPR breach by hacker

In summer 2019, the Information Commissioner’s Office (ICO) issued a notice of intent to fine British Airways (BA) more than £183m for a breach of the General Data Protection Regulation (GDPR). The fine was calculated by reference to BA’s total global turnover and was an example of the ICO wielding the additional powers conferred on… Read more »

FCA Business Insurance Test Case Verdict Announced

Man signing business interruption insurance application form

On 15th September 2020, the FCA announced that it had been largely successful in its legal challenge brought against a number of insurers and their decisions to refuse coverage to small businesses claiming for COVID-19 related losses under their business interruption (BI) policies. Business Insurance Test Case Verdict Within the test case, the court considered… Read more »

Armchair Investors Targeted by Sophisticated Fraudsters

fraudsters attempting to conduct cyber crime

We have recently received reports from clients of a bogus shareholder scam in which fraudsters target members of the public holding shares in well-known blue chip companies. The clients have been contacted by telephone by someone who introduces themselves as an agent from a share brokering company, often based in New York or some other… Read more »

Companies House to Resume Enforcement of Its Strike off Process

Man filing documents and writing on sheet of paper - companies house to resume strike off process

In April, as a response to the COVID-19 pandemic, Companies House introduced temporary measures to its enforcement powers against companies that fail to comply with their statutory filing obligations. Those measures included: Pausing the strike of process to prevent companies from being dissolved; and Treating late filing penalty appeals sympathetically where the late delivery was… Read more »

Six Issues to Consider When Planning a Successful Management Buyout

people gathering around table to discuss management buyout

When owners reach a decision to sell their business, often the first assumption is to market their business for sale to a third party buyer. This process can be fraught and usually involves marketing the business for sale, due diligence and lengthy negotiations, which can be time consuming and expensive. However, more often there is… Read more »

Coronavirus Really Is a Matter of Life and Death for Businesses

Many businesses are continuing to reel from the Coronavirus pandemic and the effects of the lockdown. It is clear that this is not going away anytime soon. As a result, the majority of businesses will be, and will continue to be, significantly impacted. The concept of an “act of god” or “extraordinary circumstances” is not… Read more »

Changes to Companies House Strike Off Policy and Late Filing Penalties

Companies House has announced temporary changes to its strike off policy and approach to late filing penalties to support companies affected by the COVID-19 outbreak in meeting their legal responsibilities. The new measures include: Pausing the strike off process to prevent companies from being dissolved When a company makes a voluntary application for strike off,… Read more »