Growing your business – private investment advantages and pitfalls


Private equity and investment legal advice For businesses requiring additional finance, venture capital (also known as private equity finance) may be an attractive option. It may be that you have sought but can’t obtain bank finance, perhaps you are looking for experienced investors in a specialist business, you may be looking to push through a READ MORE

Business sale and purchase – shares or assets? Which is best?


Pros and cons of buying/selling business assets An asset purchase involves the buyer only acquiring the assets (and certain agreed liabilities) that make up the business. The assets of the business may include tangible assets, such as land, machinery and stock, as well as intangible assets, such as intellectual property and goodwill. After the acquisition, READ MORE

What happens when you die without making a Will?


Where there is no will When a person dies without making a Will, or has made a Will but the Will was classified as invalid they are said to have died ‘intestate’. When this happens the distribution of their estate will be determined by the Rules of Intestacy. Rules of Intestacy The rules of intestacy READ MORE

What is a Charging Order?


Charging orders and orders for property sale A Charging Order is one of a number of enforcement methods available to Creditors to enforce judgment debts.  A Charging Order can only be applied for where a Creditor has obtained court judgment, the court has determined that a Debtor owes money to the Creditor, and the Debtor READ MORE

Shareholders Agreements & deadlock issues


Shareholder deadlock When it comes to shareholders agreements, there are 2 types of clients, those that have them and those that don’t! Most clients in small businesses don’t want a shareholders agreement which becomes excessively complicated or which seeks to deal with every possible contingency. There is a balance to be struck with what’s obviously READ MORE

Getting an injunction against an employee


Employment Law Injunctions What is an Injunction? An injunction is an Order from the Court which either prevents a party from doing something or forces a party to do something. An injunction is not easy to obtain and as it is an equitable remedy made at the Court’s discretion. An injunction will only be granted READ MORE

David Swede


With great sadness we advise that David Swede passed away late last week. Known for a long and highly distinguished legal and business career, David was a highly trusted and respected adviser, lawyer and friend to countless clients. He was a colleague, mentor and friend to a huge number of Darlingtons staff, both past and READ MORE

We’re recruiting for trainee solicitors


The 2018 Trainee Solicitor intake for Darlingtons will be made up of 2 and potentially 3 individuals undertaking at least 3 seats in various departments within the firm. Start, closing date and requirements Start Date: January 2018 / July 2018 Closing Date for applications: Friday 3rd November 2017 Academic Requirements: All candidates must have completed READ MORE

Limitation of liability in contracts


Limitation of liability in contracts It is common, with contracts, particularly sales of goods or services, to encounter a clause seeking to limit the liability of the seller or service provider. The principle is that a party to a contract will seek to limit financial liabilities to a fixed sum or defined loss. The extent READ MORE

Secured business loans and personal guarantees


Secured loans v personal guarantees – some important differences and implications It is very common for business loans, especially to fairly new businesses or small businesses, to involve some form of security or guarantee. Understandably, especially in the case of a personal guarantee, generally sought from a director in a business where the shareholders are READ MORE