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

Date: 16/07/2015 Authors : 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 News - Briefing

Date: 13/07/2015 Authors : 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...

Q1 Commercial Forecast News - Briefing

Date: 14/01/2015 Authors : 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. Please click here to read

Things Get Serious: Defining Defamation News - Briefing

Date: 12/08/2014 Authors : 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 News - Briefing

Date: 12/08/2014 Authors : 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 News - Briefing

Date: 05/06/2014 Authors : 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 News - Briefing

Date: 13/03/2014 Authors : 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) News - Briefing

Date: 26/02/2014 Authors :

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 News - Briefing

Date: 06/02/2014 Authors : 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...

Unlocking Value For The Older Generation News - Briefing

Date: 31/01/2014 Authors : Richard Lane

Richard Lane, Head of the Entrepreneurs and Families in Business Group, has provided an article for Family Business United entitled 'Unlocking Value for the Older Generation.' The article suggests how family business owners can balance paying for their retirement and safely hand over the reins to...

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

Date: 20/12/2013 Authors : 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 News - Briefing

Date: 07/11/2013 Authors : 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 News - Briefing

Date: 30/10/2013 Authors : 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? News - Briefing

Date: 18/10/2013 Authors : 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...

Copyright ownership: a refresher for business owners News - Briefing

Date: 10/10/2013 Authors : 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...

Penalty Clauses - A More Flexible Approach for Businesses? News - Briefing

Date: 10/10/2013 Authors : 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...

Prest: a guide to the emerging principles News - Briefing

Date: 14/08/2013 Authors : Kate Allass

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? News - Briefing

Date: 01/08/2013 Authors : 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...

Design Updates for Businesses News - Briefing

Date: 04/07/2013 Authors : Peter Wienand

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...

UK Supreme Court relaxes approach to service of proceedings News - Briefing

Date: 27/06/2013 Authors : Kate Allass

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

Employment Bulletin - June 2013 News - Briefing

Date: 21/06/2013 Authors :

In our June 2013 Employment Bulletin we summarise some of the new legislation due to come into force over the next year. Reforms include changes to the current whistleblowing regime, new tribunal fees, new employment tribunal procedural rules and the new ACAS Code of Practice on Settlement...

Veils, Trusts, and Fast Cars News - Briefing

Date: 12/06/2013 Authors : Jeremy Posnansky QC

On 12 June 2013, the Supreme Court gave its decision in the case of Petrodel v Prest , in which Caroline Holley and I acted for Mrs Prest. The importance of the case extends far beyond family law and into vital aspects of company law. What was the case all about?

Data security: what can businesses learn from the recent £250,000 fine against Sony? News - Briefing

Date: 04/06/2013 Authors : Helen Mulligan

In January of this year Sony was fined £250,000 by the Information Commissioner's Office (ICO), as a result of a data security breach during which hackers gained access to names, dates of birth, home and email addresses and account passwords of millions of users of its Sony PlayStation Network.

The Young Entrepreneur's guide to starting a business (Part 5) News - Briefing

Date: 03/06/2013 Authors : Richard Belsey

A whistle stop tour of alternative funding options for start-ups   As part of our “Young Entrepreneur’s guide to starting a business” series of articles, one of the important topics that we shall focus on is traditional ways of raising funds both organically and/or externally.  Before we go down...

Changes to EMI Rules - Announced News - Briefing

Date: 13/03/2013 Authors : Daniella Lloyd

The way shares under the Enterprise Management Incentive (EMI) option scheme are taxed will be changed to make offering these as part of a remuneration package significantly more attractive.

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