Most businesses have standard terms and conditions prepared, which they subsequently attempt to incorporate into every commercial contract entered. In a business-to-business contract where one party has contracted on the other’s standard terms and conditions, the Unfair Contract Terms Act 1977 (‘the Act’) limits how civil liability for breach of contract, negligence, or other breach… Read more »
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 »
Most employers are aware that if an employee is dismissed with two or more years’ service, the employee will be able to bring an unfair dismissal claim within the Employment Tribunal. Therefore, it is often assumed that if the qualifying length of service isn’t met there is no risk of a claim arising from the… Read more »
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 »
Personal belongings (or ‘chattels’) can be the centre of a dispute between family members when someone dies. Often the monetary value of these items is minimal, but the sentimental value is very important to your loved ones, and can lead to disappointed beneficiaries spending lots of time and money on attempting to obtain personal chattels… Read more »
The Consumer Rights Act 2015 (‘the Act’) offers protection to consumers when they enter into contracts for the supply of goods, services and digital content. It also offers protection in relation to unfair terms in a contract. Business owners should ensure that they are aware of their obligations under the Act to minimise the risk… Read more »
It is highly likely that an employee’s terms and conditions will need to be amended at some point during the course of their employment. The obvious changes could be in relation to a promotion or salary increase. These are likely to be mutual changes that both parties are in agreement with and will therefore be… Read more »
Business owners and directors are busier now more than ever due to the time-consuming effects that COVID-19 has had on the economy and the way businesses operate. However, this stress may be heightened if you are a new business owner and the business is not what it appeared to be or if you have sold… Read more »
With the imminent introduction of the Corporate Insolvency and Governance Bill 2019-21 (currently pending Royal Assent), what does the Government’s new legislation to support companies throughout this pandemic period mean? What Is the Business Rescue Moratorium? Companies that are unable to pay their creditors, due to the impact of COVID-19, will be entitled to apply… Read more »
Occasionally, parties may want to pursue Judicial Separation Proceedings rather than a divorce. This may be due to a variety of factors such as, religion, moral or cultural reasons. What is the Difference between Judicial Separation and Divorce? If a decree of judicial separation is granted, then the marriage does not dissolve but it does… Read more »
