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We produce regular briefings which examine the latest legal developments, regulations and case law. 

Stepping in before it’s too late: How to remove directors who lack capacity

Date Posted: 16/07/2015 Author: Daniella Lloyd

What happens when a director of a company has become physically or mentally incapable of acting as a director? This article explores how a director may be removed from office of a private limited company. Articles of Association of the Company govern removal in some scenarios, but not all.

Q3 Commercial Forecast

Date Posted: 13/07/2015 Author: David Fletcher

Welcome to the Summer edition of our Commercial Forecast.

We aim to help to keep our business clients in the know about a range of legal developments and issues that might affect them and the markets in which they operate. In this edition we cover a broad range of topics including the new cyber security guidelines, selective distribution arrangements and the next sta...

Q1 Commercial Forecast

Date Posted: 14/01/2015 Author: David Fletcher

Welcome to our inaugural Commercial Forecast.

In each edition we flag up key legal developments over the coming financial quarter, helping to put them on the radar of our business clients and their advisors.


Things Get Serious: Defining Defamation

Date Posted: 12/08/2014 Author: Tom Rudkin

A version of this article appeared in Entertainment Law Review, Ent. L.R. 25(6), 588 822, reproduced here with the kind permission of the editor.

Entrepreneurs and Family Business Group Summer Newsletter 2014

Date Posted: 12/08/2014 Author: Richard Lane

From 30th June any UK employee who has worked for a company for more than six months has the right to request flexible working. According to the Government this means that 20 million people can now benefit, however what does this mean for an SME employer?

Pre-nuptial agreements and the family business

Date Posted: 05/06/2014 Author: Nicholas Bennett

English divorces start from the principle that wealth should be divided equally between husband and wife. For many directors of family businesses, the company will be one of the biggest assets at stake; and a division of shares, or an extraction of cash, can seriously damage its health.

Entrepreneurs and Family Business Group Spring Newsletter

Date Posted: 13/03/2014 Author: Richard Lane

Welcome to the Spring 2014 edition of our Entrepreneurs & Family Business Group Newsletter which we hope provides you with a useful update on legal developments that might affect your business.

The Commissioners for H M Revenue & Customs (Respondents) v Forde and McHugh Limited (Appellant) ([2014] UKSC 14)

Date Posted: 26/02/2014 Author: Robert Field and Elizabeth Sainsbury

The Revenue has long tried to argue that arrangements deferring the payment of remuneration to an employee should be ignored.  The reason is simple – if the fact that the employee does not yet have the money can be ignored, the tax is paid earlier.

Farrer & Co Family Business Barometer - initial results

Date Posted: 06/02/2014 Author: Richard Lane

We are delighted to share the initial results from the Farrer & Co Family Business Barometer, our exciting new tool for family businesses. The Barometer aims to give a voice to family business in the UK and share the sector's thoughts on current issues, the economic outlook and whether the government is doing enough to help family firms.

Unlocking Value For The Older Generation

Date Posted: 31/01/2014 Author: Richard Lane

Default Clauses in Share Purchase Agreements: commercially justified, or unenforceable deterrents?

Date Posted: 20/12/2013 Author: Simon Ward

In this article, Simon Ward discusses the implications of the recent Court of Appeal decision in Talal El Makdessi v Cavendish Square Holdings B.V. [2013].

Entrepreneurs and Family Business Group Autumn eBriefing

Date Posted: 07/11/2013 Author: Richard Lane

Welcome to the Autumn 2013 edition of our Entrepreneurs & Family Business Group E-briefing which we hope provides you with a useful update on legal developments that might affect your business.

Update on recent and forthcoming employment law changes

Date Posted: 30/10/2013 Author: David Hunt

The Enterprise and Regulatory Reform Act (ERRA 2013) was passed on 25 April 2013, paving the way for a number of significant changes to be made to employment legislation and practice. 

Please click on the link below to see a timetable listing recent and forthcoming changes.

The Green Deal – a good deal for commercial property?

Date Posted: 18/10/2013 Author: Louisa Passmore

An All Party Parliamentary Group report published this month not only raised concerns about the ability of the Green Deal to deliver greater carbon emission reductions than the policies in place prior to its January 2013 launch but stated “there is considerable doubt as to whether the commercial sector will use the Green Deal to carry out the energy improvements needed”.


Copyright ownership: a refresher for business owners

Date Posted: 10/10/2013 Author: Jane Randell

Having a brand that fits and positively reflects your business is critical.  With the rise and rise of social media and the importance of online marketing, businesses are increasingly looking to designers and other partners to assist them in ensuring that their branding and other materials remain up to scratch. 

However, the benefits tha...

Penalty Clauses - A More Flexible Approach for Businesses?

Date Posted: 10/10/2013 Author: Daniella Lloyd

In Cavendish Square Holdings BV and another v Makdessi [2012] EWHC 3582 the courts have signalled that a more flexible and commercial approach will be taken in relation to penalty clauses.  As such, agreements should be carefully drafted, particularly in connection with good/bad leaver provisions and earn-outs, to ensure that clauses would stand up to the four questions...

Prest: a guide to the emerging principles

Date Posted: 14/08/2013 Author: Kate Allass and Adam Carvalho

In this article, Kate Allass and Adam Carvalho discuss 4 key principles which have emerged from Prest -v- Petrodel [2013] and report on how the Court of Appeal is already putting them into effect.

When is a partnership not a partnership?

Date Posted: 01/08/2013 Author: Jonathan Haley

In the recent case of Ilott v Williams & Ors the Court of Appeal was asked to consider, where parties had come together with a view to carrying on a business, the point at which they could be said to be in partnership as opposed to merely carrying out preparatory work. In this briefing we provide a short summary and analysis of the case...

Design Updates for Businesses

Date Posted: 04/07/2013 Author: Peter Wienand and Anna Barber

Navigating through the patchwork of various options to protect designs, features and products for varying periods of time often presents difficulties for smaller creative businesses seeking to protect their valuable IP.

April saw two significant developments in relation to the UK design laws. The first relates to the extension of the period of protection for mass pro...

UK Supreme Court relaxes approach to service of proceedings

Date Posted: 27/06/2013 Author: Kate Allass

On 26 June 2013, the UK Supreme Court handed down its judgment in the case of Abela -v- Baadarani [2013] UKSC13. 

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