Briefing Notes

An exclusion, limitation or exemption clause in a commercial contract seeks to exclude or limit a party’s liability, or exclude or limit the other party’s rights or remedies Examples include: financial cap on overall liability and/or caps on...

It is always better to settle a dispute if possible, as it will be quicker than going to trial which means a saving of time and costs, and you avoid the uncertainty involved in a trial. Even if your opponent does not accept your settlement offer, you could...

Introduction Every business markets its products and services using strategies and methodologies tailored to suit its own ambitions and customer base. Marketing opportunities change constantly and now include social media, web and app sales, interactive TV...

The landscape is changing for large private companies, in terms of corporate governance and the areas that they need to report on in their annual reports. While this is likely to be familiar territory for very large private companies, our briefing note...

Commercial advantages The outsourcing of essential functions within a business can often provide real benefits, both operationally and financially. Outsourced services and functions are diverse: payroll, billing, IT support, call centres, mailroom services,...

The EU’s first Payment Services Directive (PSD1) was introduced in 2009 to harmonise payment services regulation across the EU; whilst also increasing market competition by imposing transparency and conduct of business requirements on payment service...

This guide addresses some of the preliminary questions faced by new businesses considering occupying leasehold premises. This is an area where unwanted or unexpected liabilities can arise, and professional advice may be very valuable. We are experienced in...

Whether you are a prospective tenant or an ongoing tenant of commercial premises, your requirements and needs for space will change over time. Apart from sorting out the practical details such as architects and builders, a tenant should always check that any...

General information requirements for companies UK companies and LLPs must include on their websites, electronic and other business letters (including emails) and order forms the following details: their full registered name; their registered number; ...

To download our corporate guide on public and private companies compared, please click on the 'briefing note' button to the left....

Large companies and large LLPs are now required to report on their payment practices and policies for financial years beginning on or after 6 April 2017.

Bound or not? The thorny question of restrictive covenants post termination, and whether they are enforceable, frequently comes before the courts. Guest Services Worldwide Limited (“GS”) produced promotional maps for hotels.  Mr Shelmerdine...

If you are looking to buy or sell a business carried on by a company there are two common sale structures: the company can either sell its business and assets (asset sale) or the shareholders can sell the shares in the company (share sale). Both structures...

Once you start negotiating a sale and before you give the buyer access to information and launch full scale into the sale process you should first consider entering into heads of terms and ensure that you have protected confidential confirmation. If, having...

Pre-sale planning and preparation is an important step when contemplating a sale. Ultimately it can increase the price you achieve, save time and cost when the sale process commences and avoid the risk of an aborted sale. If, having considered this guide,...

Introduction This note outlines the key conditions which need to be met and the tax treatment of EMI options. It is not designed to be a definitive statement of the qualifying conditions and tax treatment but instead is intended to provide an overview for...

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. This guide considers the main reasons for this and provides a checklist of...

Sponsorship is a popular method of marketing a product or a brand and can give the sponsor greater exposure to a wider audience than the more usual advertising methods. Sponsorship can take a number of different forms – for example, an individual or...

This article, written by Matthew Needham-Laing, first featured on the 8 March 2012 in the SME Spotlight pages of the latest edition of Construction News. The recent ConstructionLine survey of 1500 contractors highlighted the pressure SMEs face from the...

What is the current legal framework? Broadly, anti-competitive agreements or concerted practices are prohibited by EU competition law (in particular, Article 101 of the Treaty on the Functioning of the EU (TFEU)) and its UK equivalent, Chapter 1 of the...

The ability of the courts to deal with all aspects of family-related matters has been severely impacted by the current restrictions and lockdown. It is vital that those already in court proceedings are aware of this, but also, as we expect that it will take...

Tenant fit out works come with a number of potential issues and pitfalls. Often the construction issues are left to the last moment and there is a mad scramble to put the correct documentation in place. In order to help you on the way we have listed our...

The UK People with Significant Control (“PSC”) regime was introduced in 2016 to enhance the transparency of ultimate (beneficial) ownership of UK companies. The goals of the register are to promote good corporate behaviour and to deter illicit...