Disqualification of company directors

31/08/2012

The Courts have the power to disqualify a director under the Company Directors Disqualification Act 1986. This applies to individuals who are formally appointed as directors at Companies House, but also to shadow directors who are not formally appointed but act and/or carry out the functions of a director in any event. Risk factors for READ MORE

Exclusivity Agreements – advantages and risks

31/08/2012

 What is an Exclusivity Agreement? An exclusivity agreement, also known as a lock-out agreement, is an agreement between parties which provides for certain restrictions on either or both for exclusivity in terms of  supply of goods, services or other dealings, sometimes for a stipulated time period,  to any other parties other than on the terms READ MORE

Bribery Act advice, policies & procedures

08/08/2012

Since the introduction of the Bribery Act 2010 (Bribery Act) which came into force in July 2011 a number of our clients have contacted us to ask whether or not they need to concern themselves with this and whether they need any policies in place. The answer to both of these questions is yes. The READ MORE

Contract warranties and breach of warranty

06/08/2012

Warranties are common in commercial agreements, especially where businesses are sold. They can create delay, cost and friction in such situations, so a creative, clear and proportionate approach is advisable. If you need advice on any aspect of contractual warranties or need advice on a potential breach of warranty get in cointact with me. Contract READ MORE

Why do some companies have different classes of shares ?

01/08/2012

Many Companies have different classes of shares. There are a number of different reasons why the shareholders of a company would chose to structure the company in this way. One of the most common reasons for having different classes of shares or preference shares is when a party wishes to invest in the company. By READ MORE

Negligent Misstatement

01/08/2012

What constitutes a negligent misstatement? A negligent misstatement is a claim which is brought by one party against another at common law in tort. This claim arises if the party against whom the claim is brought made a statement which was considered to be negligent (Defendant) and the party bringing the claim (Claimant) relied on READ MORE

What is Privity of Contract ?

07/07/2012

The doctrine of Privity of Contract is applied in contract law and the general rule it creates is that only the actual parties to a contract have rights and obligations under it and thus the ability to bring a claim for a breach of contract under the terms and conditions of the contract. This doctrine READ MORE