In the case of Aston Risk Management Ltd V Jones and others [2023] EWCH 603 (Ch), the High Court has maintained that any director of a holding company that becomes substantially involved in the matters of a subsidiary must be regarded as a de facto director and...
If your business hires employees, it is more than likely that they are protected by the Transfer of Undertakings (Protection of Employment) regulations, also known as TUPE. This means that if you’re selling your business, you must act in compliance with TUPE’s...
Launching a start-up business is more than coming up with a great business idea, and it can be daunting to tackle all the legal requirements for your new company. That’s why we’re sharing a few key tips for every soon-to-be start-up founder, to set you and your...
Insolvency and restructuring are covered by comprehensive but complex legislation in the UK. Below are some of the most commonly asked questions about how this area of law works in practice within the UK. What is the legal definition of insolvency? There are a number...
It’s always a good idea to plan your business sale well before you may wish to start the process. However, for everything to run smoothly, you’ll need to know what you need to keep in mind, so here is a list of considerations. Why Do You Want To Sell? You need to...
Having just announced his withdrawal from his deal worth £36 billion to take over Twitter, Elon Musk’s reason for pulling out of the purchase was an alleged “adverse event”. Essentially, he claimed the platform had misrepresented matters and had failed to supply...
Traditionally, new entrants to markets have used joint ventures for several reasons. Often, one party has more experience in supplying certain skills and the other may have a wider number of contacts in the sector, or two individuals who have worked together to...
If you’re considering starting your own business, there’s a lot to bear in mind. Here are a few top tips to make the process easier. Ensure You’re Making The Right Decision The very first consideration is whether or not starting a business is really the right choice...
If you’re considering purchasing a business, you need a solicitor you can trust. It is often a daunting prospect to buy a business, with many complex legal matters to handle. However, with the right solicitor on board, you can be confident that the transaction will...
Many companies have suffered substantial financial hardship since March 2020. In recent weeks there has been significant talk of economic recovery. Although it is anticipated that businesses will resume regular trading activity in the coming weeks, there are many...
Statutory demands can be an effective and inexpensive tool when seeking to recover an undisputed debt. It is a formal written request for a debt to be paid. However, on its own or if not executed properly a statutory demand will be ineffective. This article focuses on...
It’s no secret that big business has slowly but surely swallowed up smaller competitors over the decades. National supermarket chains like Asda and Tesco have overtaken small local grocers and shops, large clothing stores like Primark have brought cheap and cheerful...
Pharmacy transactions can often be a prosperous investment for entrepreneurs who are willing to put in the hard work. Given that healthcare demand is constant (rather than seasonal), there is often a good business case for owning a pharmacy. However, setting up a new...
The recent pandemic has created enormous financial pressure for many businesses, particularly with regards to cashflow. Although the first peak of the infection seems to have passed, the economic impact is expected to continue to be felt by businesses for some time....
We have considerable experience in advising on all aspects of insolvency litigation, including acting for insolvency practitioners, companies, individuals and directors. Insolvency is when businesses or individuals are unable to repay their debts. It can be a...
The coronavirus pandemic has already impacting the hospitality, leisure and tourism industries – and it doesn’t look like it’ll be over any time soon. The unpredictable nature of the virus has essentially caused the travel...
It’s an uncertain time for most at the moment thanks to the COVID-19 pandemic, especially those running a business. For some businesses, particularly SMEs, times are even tougher. Struggling businesses are facing financial dire...
The importance of the Disclosure Letter from the seller’s point of view. We answer your frequently asked questions in this article.
What are they?
Will they benefit me?
What are their drawbacks?
We answer your questions on CLN.
It’s not uncommon for sellers to think that a sale is as good as complete once the heads of terms are signed. However, signing heads of terms (also known as letters of intent or memoranda of understanding) is only the first step in starting negotiations for a sale and purchase agreement (SPA).
In challenging economic times, it is not uncommon for businesses of all sizes to find themselves in dire financial straits, which can lead to a company becoming insolvent. While insolvency is not a desirable scenario, some insolvency procedures can be the life raft a drowning company needs to get back on its feet. With this in mind, here are six key things every business owner should know when it comes to corporate insolvency in the UK.
For most business owners, their long-term goal is to expand the business they’ve built, and many turn to mergers and acquisitions (M&A) as a route for fuelling business growth. However, M&A typically entails an intensive upheaval process; the only way to ensure that this upheaval will be worthwhile is by carefully managing the merger or acquisition from the outset, and adopting the right strategy.
Following the 2008 financial crash, there was a stream of news headlines announcing the liquidation of many well-known corporate powerhouses. Yet many business owners may still be unclear on what liquidation actually entails or what the role of a liquidator is. Here, we discuss the circumstances leading to liquidation, as well as the powers of a liquidator.
The UK is an increasingly attractive destination for overseas investors seeking lucrative business opportunities. This is largely thanks to the UK’s welcoming business climate and well-established legal precedents for foreign mergers and acquisitions.
The best way to prepare for the sale of your business is to be well informed: this will allow you to take the necessary steps to get the highest possible sale price for your business. With this in mind, our experienced solicitors have compiled an overview of the key points to consider when preparing to sell your business.
The word ‘insolvency’ carries many frightening connotations for business owners. However, being insolvent does not necessarily mean that your company must close up shop for good. Here, we discuss how to determine whether your company is insolvent, along with some of the main insolvency options that might save your company.
TUPE is an acronym for the Transfer of Undertakings (Protection of Employees) Regulations, which are designed to protect employees if the business they work for changes ownership or if there is any change in service provisions.
Due diligence is an integral part of any acquisition, allowing the buyer to thoroughly investigate every facet of a target company in order to ascertain its true worth. Here, we explain why investigating the social media worth of a target company should be a core component of the due diligence process.
A management buy-out (MBO) occurs when a company’s existing management team purchases the company, moving from employees to entrepreneurs. It can be a challenging experience, but with carefully selected advisors and investors, an MBO can result in an acquisition that is successful for the long-term.
Although it seems a long way off when you’re starting up, your exit strategy is one of the most important aspects to consider when building your business. A suitable exit strategy must be planned well in advance so that all of the necessary elements, like succession planning and appropriate pension schemes, can be put in place.
