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Briefings

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

Changes to EMI Rules - Announced

Date Posted: 13/03/2013 Author: 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.

LSE to launch 'High Growth Segment' market next month

Date Posted: 13/03/2013 Author: Daniella Lloyd

The London Stock Exchange has confirmed plans for its new 'High Growth Segment' market, which is expected to open for business in mid-March. The announcement is a welcomed response to a similar regime introduced in the U.S. under the Jumpstart Our Business Startups Act (JOBS Act).

When is a representation also a warranty? The £10 million question

Date Posted: 20/02/2013 Author: Daniella Lloyd

The recent case of Sycamore Bidco Ltd v Breslin and another [2012] EWHC 3443 (Ch) has highlighted the need for careful drafting when including or excluding representations in share purchase agreements.  In this case the court considered whether express warranties in a share purchase agreement (SPA) also amounted to representations. 

Penalty Clauses - A More Flexible Approach?

Date Posted: 20/02/2013 Author: Daniella Lloyd

What is a penalty?

A penalty clause usually provides for the payment of a large sum of money on a breach, but can also provide for the withholding of payment or transfer/forfeiture of property, the main purpose being to discourage a party from deliberately breaching its obligations.  When deciding whether or not a clause would be construed as a ...

UK Supreme Court unanimously dismisses an attack on the corporate veil principle

Date Posted: 18/02/2013 Author: Kate Allass and James Price

UK Supreme Court handed down its judgment in the case of VTB Capital plc -v- Nutritek International Corp and others [2013] UKSC5.

Employment Team Bulletin January 2013

Date Posted: 30/01/2013 Author: Alice Cave

In this month's bulletin, we report on recent case law including European judgements on the right to manifest religion at work and a ruling by the Supreme Court that volunteers are not protected by discrimination law. We also discuss the employment law changes due to come into force later this year.

The Prudential decision on privilege

Date Posted: 23/01/2013 Author: James Price and Kate Allass

The UK Supreme Court has today handed down its judgment in the case of R (on the application of Prudential plc and another) -v- Special Commissioner of Income Tax and another [2013] UKSC1.

The Times - How to get started as an entrepreneur

Date Posted: 26/11/2012 Author: Richard Belsey

In this recent article which appeared in The Times, Richard Belsey, associate in our Entrepreneurs & Family Business group provides advice on how to get started as an entrepreneur.

The article provides top tips on starting a business, including practical hints from Sir Richard Branson, case studies f...

Anti-social? A guide to using social media in the workplace

Date Posted: 06/11/2012 Author: Sarah-Jane Walsh

Social media sites can be useful tools in helping a range of businesses market themselves, whether through raising the business’ profile, strengthening existing relationships with customers, or reaching a wider audience, but the use of social media by businesses and their employees can have its downsides.

The new Small Claims Track in the Patents County Court

Date Posted: 05/10/2012 Author: Anna Barber

Following the publication of the “Hargreaves Review of Intellectual Property and Growth” in May 2011, the Government moved to introduce new rules, which came into force on 1 October 2012, which created a new procedure for dealing with low value claims in the Patents County Court (“PCC”). These are designed to deal with various intellectual property (“IP”) claims worth £5,000...

Private companies in distress – an analysis of the duties of the directors in distressed companies

Date Posted: 10/09/2012 Author: Daniella Lloyd

The increasing number of UK companies experiencing financial difficulty has made it a daunting time to be a director and so now more than ever directors should be aware of, and fulfil, their duties as well as protect themselves against any potential liability.



John Lewis economy? Old News Nick

Date Posted: 05/09/2012 Author: Richard Belsey

Following the statement from Nick Clegg earlier this year that employees should be given the right to own shares in the company that employs them, this article looks at the uses and advantages of employee share schemes and briefly outlines some of the key features of two of the more popular tax-favoured employee share schemes; the enterprise management initiatives (E...

What to do with trespassers

Date Posted: 31/08/2012 Author: Kenneth Street

Kenneth Street summarises the practical solutions that landowners can employ to protect land from occupation by travellers and squatters. This will be a key concern where land or buildings have yet to be brought forward for development.

Earn-outs: a bird in the hand?

Date Posted: 23/08/2012 Author: Fergal McLoughlin

An increase in the use of earn-outs is predicted but are they worth it? This article considers some of the complexities of earn-outs and salutory lessons from the purchase of Donaldsons LLP (Donaldsons) by the international property consultancy DTZ Holdings plc (DTZ), and the subsequent collapse in DTZ's share price.

Pre-nups post Radmacher - where are we now?

Date Posted: 28/06/2012 Author: Claire Gordon

In October 2010 the Supreme Court handed down judgment in the eagerly awaited Radmacher v Granatino case. Since the dust has settled there has been a flurry of cases in the English Courts in which pre-nuptial and post-nuptial agreements have played a pivotal role. Claire Gordon considers the current state of the...

High value residential property Consultation published: What clients should do (or not do) now…

Date Posted: 08/06/2012 Author: Helen Reid

Two of the major changes announced in the UK Government's 2012 Budget were a proposed annual charge (sometimes referred to as a mansion tax) and, for the first time in the history of UK Capital Gains Tax (CGT), the extension of the current CGT regime to include certain non-UK residents.

Entrepreneurs & Family Business Group E-briefing Spring/Summer 2012

Date Posted: 07/06/2012 Author: Richard Lane

Welcome to our Spring/Summer 2012 Entrepreneurs & Family Business Group E-briefing.

Forty years ago, when the last detailed report on SMEs was published by the Bolton Committee, use of the terms incubator space, business angel or crowdfunding would have raised a number of perplexed eyebrows. Today the use of social media and QR in

It's not all work, work, work

Date Posted: 07/06/2012 Author: Jonathan Haley

Jonathan Haley outlines the potential advantages of Entrepreneurs Relief.

Young Entrepreneur's Guide to starting a business - Part 3

Date Posted: 30/05/2012 Author: David Copping

In our previous two parts of this guide we looked at carrying out market research and creating a business plan as well as setting up the right legal ownershi...

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