In English law, the ‘corporate veil’ is an important principle and is the notion that every company is its own legal entity that takes responsibility for its own debts and liabilities, which is distinct from its shareholders or directors. ...

Do you breeze through contracts with a mere glance before signing on the dotted line? If so, you are not alone. Most individuals who are required to sign contracts tend to focus on what seems “important” whilst glossing over the finer details....

Artificial Intelligence is trending worldwide, with many governments (including the UK government) looking to regulate its use. As a commercial solicitor, I see AI as an exciting emerging technology which provides a number of tools to help businesses...

Employee Ownership Trusts have been around for a considerable time, yet they are only now gaining traction as a viable vehicle that allows owners of a company or a limited liability partnership (LLP) to exit in a managed way over a period of time. An EOT can...

Tell someone with a motoring law background that the theme for an article is “ smoke and mirrors” and the first thing they think of is “the vape smoke in the rear-view mirrors” and the offence of driving without due care and...

Director’s Disqualification – The Criminal Law Regime Separate identity of Company It is a well-established legal principle that a company is a distinct and separate ‘person’ from its officers. With this in mind, it does not...

As 2022 becomes a distant memory, it is probably wise to consider what your key aims, and objectives should be for your business whilst also maintaining an eye on where challenges and difficulties may arise. I am sure every business owner will be only...

As of 4 January 2023, the Single Justice Procedure (“SJP”) has been extended to now include non-imprisonable cases that involve companies. The Single Justice Procedure was introduced under the Criminal Justice and Courts Act 2015 and allows the...

The Road Traffic Act 1988 gives the police authority to request a preliminary breath test (Section 6A) or specimen for analysis (Section 7) if they have reasonable suspicion to suspect that you are driving under the influence of drinks or drugs. Such a test...

Have you received a Notice of Intended Prosecution (“NIP”) from the police? This article explains what you are legally obliged to do and examines the circumstances in which you may be able to examine the circumstances in which you may be able to...

Many family businesses employ siblings or other family members. Working with siblings can be rewarding and have many benefits but it also comes with its own set of problems. A common and uncomfortable issue is where one sibling chooses not to pull their...

This article is written for family businesses who are in the middle of a dispute and where swift action is required. If your business is going through a dispute but it is not yet at this stage, you may benefit from reading “ Mediation, arbitration...

Finn v The British Bung Manufacturing Company Ltd The claimant was an electrician who worked for the respondent for 24 years. On 24th July 2019, the claimant became embroiled in an exchange with Mr King, a shift supervisor at the respondent’s...

As a company director, you may be well aware of the employment rights of your employees. But are you aware of your own employment rights as a director? Directors have different employment rights, depending on what type of role you have and your employment...

When it comes to running a company or being a company director, are you aware of your legal duties? Have you paid attention to the legal details and requirements clearly outlined in the Companies Act 2006 ? We understand that you may not be aware of every...

The Plastic Packaging Tax comes into effect on 1 April 2022.  The measures introduce technical changes to relevant provisions of the Finance Act 2021, concerning the Plastic Packaging Tax. The provisions in the Finance Act 2021 came following the...

The Information Commissioner’s Office has published the final form of its new International Data Transfer Agreement (IDTA), together with a new addendum to the EU’s standard contractual clauses (Addendum), which have been laid before Parliament...

Sometimes with the day to day running of a business it is easy to push aside ‘housekeeping’ matters, such as updating employment contracts and staff handbooks. However, more often than not, we encounter a number of enquiries from employer...

Family businesses can take decades, or even generations, to build successfully. But what happens when the owner(s) gets involved in a divorce? Philip Hoddell discusses the pitfalls and offers some advice on how to protect business assets. The existence...

As 2022 begins, what are the New Year's resolutions that you should be contemplating for your business? Whether it be growth, retirement or exit planning, or simply getting those terms and conditions up to date, we have lawyers who can help and advise...

So, you’re fortunate enough to own some land, and you wish to gift parts to your children. Maybe you’ve been sitting on a piece of land for some years, and are now looking to transfer into your company name, for redevelopment.  Or, you find...

As a business owner, it can often be difficult to decide how best to hand over the running of the company to future generations.  Not only is timing critical, the perception amongst suppliers, customers and employees, has to be taken into account....

Whether you operate your healthcare business as a sole trader, partnership, LLP or company there will always come a point where you need to consider your exit strategy. The need for succession planning might arise due to circumstances forced upon you, such...

When buying a business, whether by way of an asset or share deal, the process of due diligence is used to assist the buyer. This also raises detailed questions about the business about to be acquired.  This process assists the buyer to be comfortable...

Here at Birkett Long, we act for many different types of landlords and tenants. But, if this is your first time taking on a commercial property as the tenant, it can be quite daunting. Especially when trying to negotiate the Heads of Terms with a seasoned...

No matter which sector your business is in, or where it is located, we are all coming under pressure to carry on business in a more sustainable way. You may be finding pressure from your employees, your customers, those you contract with or, possibly, even...

What is a dividend? A dividend is a distribution of a company’s post-tax profits to its shareholders. For a company to be able to pay this lawfully, it must have sufficient distributable profits that are justified by reference to “relevant...

As part of the 2013 Budget the Government has made the EMI (Enterprise Management Incentives) scheme even more attractive for small and medium businesses in the UK. At its core, the EMI scheme is a tax-efficient share option plan, suitable for nearly all...

The shareholders in a company trust its directors to run the company properly and in their interests as a whole.  It is an established principle that the directors of a company should act in its interests.  Should the directors’ duties be...

21 February 2013 saw the Late Payment of Commercial Debts Regulations 2013 (“Regulations”) being passed to come into force on 16 March 2013, meeting the Government’s obligation to implement the European Late Payment Directive. The...

Tougher economic environments often see a greater amount of restructuring within businesses, including a demerger. There are a number of reasons why a company may want to demerge: - to unlock shareholder value (sometimes enabling an exit by one party); - to...

David Rayner, partner from Birkett Long’s Commercial Property Team discusses the “big themes” that are likely to affect commercial premises during 2012. From the perspective of both landlords/investors on the one hand and tenants/occupiers...

It is an unquestionable fact that the revival of the UK economy will be dependent upon the success of our SMEs.  East Anglia boasts a higher percentage of SME businesses than other parts of the country, and the lawyers at Birkett Long LLP have been...

Recent legal cases have highlighted the importance of a director’s duty to act in good faith and to promote the success of the company. Under Part 11 of the Companies Act 2006 (“Act”) a statutory derivative claim can be brought if a...

A recent professional negligence case involving law firm Mills & Reeve has highlighted the importance of ensuring clients are fully advised on the tax consequences of their business transaction. The case hinged on the tax implications of a management...

Equity partners (including members of LLPs) do not qualify for many employment protection rights but they do have the right not to suffer unlawful discrimination (namely the right not to be discriminated against on grounds of age, disability, sex, sexual...

The Office of Fair Trading (OFT) has confirmed its ability to enforce fairness for consumers. A recent case brought by the OFT in the High Court clearly highlights the importance of ensuring that a business’ terms and conditions are adequately drafted...

Liquidators seeking to bring a claim under s.213 Insolvency Act 1986 (fraudulent trading) must be able to demonstrate that the relevant persons involved showed actual dishonesty. A recent case heard in the Chancery Division saw a company secretary and the...

Entering into and negotiating contracts can be a long and detailed process. Disagreements over what should or should not be included are common, with each party seeking to protect their position and level of liability. It is not surprising that on occasion...