This briefing note is designed to give some practical guidance to non-executive directors of UK private companies. Traditionally, non-executive directors have been appointed to the boards of UK public companies. Their role is typically supervisory and...
Easements which have not been properly investigated or understood have the capacity to sterilise development of land. This note explains briefly what easements are, examines why they might be important to a developer and considers what can be done...
A company’s articles of association ( articles ) are a set of rules which govern the internal affairs of the company and form the basis of a statutory contract between the shareholders of a company and the company itself. Every company must have a set...
Better the Devil you know? The transition from LIBOR to SONIA
It is unlikely to have escaped your attention that LIBOR, the “London interbank offered rate” which appears as a base benchmark rate in countless corporate loans, is living on borrowed time. LIBOR will disappear at the end of 2021 and most...
Court orders for maintenance can be in place for many years during which time the effect of inflation could reduce the value of the maintenance award in real terms. Instead of having to apply to court to have the order varied, a court can order maintenance...
Can a struggling company ever justify paying some - but not all - of its creditors?
In light of the financially fragile state some businesses are finding themselves in as result of COVID-19, we discuss in this briefing note when – if ever – payments or other benefits can be given to some creditors but not others, and when such...
Changes to the rules on self-isolation: implications for employers
On Monday 16 August, the rules on self-isolation are changing. Employers will once again need to get to grips with more new rules and consider how to communicate them to staff and implement them fairly and safely in the workplace. Office based employers have...
Children: A brief guide to obtaining orders under the children act 1989
If separating couples cannot agree arrangements for their children it may be necessary to seek the assistance of the court. Issues in respect of a child’s home, choice of school and parental rights are not just dealt with within a divorce setting....
Advice and guidance for separated parents For separated parents the current lockdown is understandably problematic and the government guidance on staying at home raises questions for children who spend time across more than one home. Over the last few weeks...
Collaborative practice: Resolving family disputes, lessening family acrimony
It is a fact of life that relationships break down. When they do disputes often emerge as a couple attempt to address the emotional and financial consequences of that break down. It is increasingly accepted that the family court is often not the best place...
The Consumer Rights Act 2015 applies to contracts with consumers for the sale of goods, digital content and services concluded on or after 1 October 2015. In this briefing note, we highlight some of the key features of the Act. Summary The Act consists of...
The Contaminated Land Regime applies to all land, regardless of use. It can affect owners, occupiers, developers and lenders. Liability under the legislation is retrospective as well as prospective. Local authorities have a duty to continue to inspect their...
The COVID-19 pandemic has had a wide ranging impact on virtually every aspect of life, including immigration matters. We have set out below some of the key issues for businesses and individuals to consider in relation to immigration applications and...
Corporate Insolvency & Governance Bill 2019-2021: The Insolvency Changes You Need To Know About
On 20 May 2020, the Corporate Insolvency & Governance Bill 2019-2021 was introduced to Parliament. With the Bill slated to be fast-tracked into law, here are some of the key insolvency aspects to be aware of. Why now? Consultations were...
Corporate guide: life insurance-backed cross option agreements
Many privately-owned companies with a small number of founder or other significant shareholders put in place a shareholders agreement and dovetailed articles of association. These help to ensure that the company is run in an orderly manner and the rights of...
Corporate guide: the duties and responsibilities of a company director
This guide provides directors of UK incorporated companies with a general overview of the statutory and other duties and obligations which should be complied with in that role. Additional duties will be applicable to directors of listed...
Cybersecurity - network and information systems regulations 2018 (NIS)
EU Directive 2016/1148 (the “Directive”) was introduced with a view to establishing a secure and consistent cyber security framework within Europe. The Network and Information Systems Regulations 2018 (the “Regulations”) subsequently...
Background The Privacy and Electronic Communications (EC Directive) Regulations 2003 (“Regulations”) implemented the provisions of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic...
The due diligence and disclosure exercises are a critical part of most M&A transactions, involving the compiling and transferring of significant amounts of information about the target business and its employees. Data protection issues need to be...
Before the introduction of the statutory duties in the Companies Act 2006 (the “Act”), directors' general duties were based in common law; that is to say that they were developed by the courts through case law. These common law duties...
What is a director’s conflict of interest? The Companies Act 2006 introduced a number of duties to which all company directors are subject. In particular, some of the statutory duties relate to conflicts of interest that directors may face in...
If a company is insolvent or in danger of becoming insolvent, it is essential that directors are aware of the duties they owe to creditors, and of the things they should and should not do. It is important to note that, in certain circumstances, personal...
This guide provides directors of UK incorporated companies with a general overview of the statutory and other duties and obligations which should be complied with in that role. We also offer practical guidance on safeguarding directors from personal...
Your prospective buyer or investor will want to ensure that the target business which they are looking to buy or invest in is worth the price they are proposing to pay. In addition to financial, commercial and tax due diligence, it is therefore likely...
It is easy to underestimate the role of the company secretary. Whilst not having the range of responsibilities and duties of directors, a company secretary, as chief administrative officer, has important tasks delegated to him or her and may be liable...
The extraordinary disruption to UK business caused by the COVID-19 lockdown has spawned much discussion about changes to existing insolvency laws to help businesses which are struggling to survive in this abnormal environment. One topic of discussion has...
Even as we all begin to adjust to living with the reality of COVID-19, the pandemic continues to bring with it a great deal of uncertainty about the future. We continue to see many clients wanting to make sure that their own affairs are in good order:...
1. The agreement is a simple contract under hand – how does the company execute? By an individual signing (including electronic signing) on behalf of the company, provided that the individual has express or implied authority (section 43(1)(b) of the...
Many new clients bring us original or copy documentation relating to their spouse’s or partner’s financial or personal position. The Court of Appeal’s 2010 decision in the case of Tchenguiz & Others v Imerman has made it more...
Various orders for financial provision can be made following divorce, including the payment of maintenance, lump sums, orders for the transfer of property and the sharing of pension interests. Guidelines provide for mutual disclosure of financial...
Search our site