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....

A lease is a legally binding agreement between you and your landlord for you to occupy their property with various rights granted in return for you making regular rental payments and complying with various obligations. Many commercial tenants seek to...

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 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...

The Building Safety Act 2022 (BSA), which received Royal Assent on 28 April this year, introduced measures that place additional burdens on residential developers. The Act aims not to make life more difficult for developers, but to make dwellings safer,...

The Grenfell Tower fire has resulted in reviews and consultations that aim to increase safety in dwellings, particularly in high-rise flats. On 28 April 2022, the Building Safety Act 2022 (“BSA”) received Royal Assent; it makes significant...

I work with a number of property development clients who take different approaches to development finance. As a consequence, I’m frequently asked to review the terms of finance arrangements to ensure that my client understands the legal implications...

When it comes to challenging an adjudicator’s decision, the losing party’s options are limited; they will either need to show that the adjudicator had no jurisdiction to make the decision or that there was a material breach of the rules of...

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...

When a company goes into liquidation or administration, an insolvency practitioner is appointed to deal with that failed business. The practitioner has a statutory duty to investigate the affairs of the company. This includes the earlier and ongoing conduct...

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....

Directors are concerned with the running of a business day to day. Shareholders are owners of a business who make important decisions in relation to the company. How those decisions are made can all be outlined within a confidential document called a...

Health and safety is an obvious concern across all industries. It’s of particular importance within the construction sector, given the scope of work and nature of activities undertaken, and, in particular, the associated risks that naturally...

In the event the HSE elects to proceed with enforcement action by way of prosecution against the company (and/or directors) for alleged breaches then the charge(s) are usually by virtue of:  failing to comply with the general overarching duties...

The judgment Cartwright Pond Ltd v Wild [2021] EWHC 1600 (TCC)   highlights key issues that a building contractor and a homeowner should consider at the procurement stage, including: 1.   Appoint independent professionals You should appoint...

As an Associate Solicitor specialising in dispute resolution and construction law, I am often instructed to advise on disputes between homeowners and building contractors.  The tension between the parties usually escalates, resulting in either the...

I was once asked to assist a client to draft the construction contracts for a number of projects they were undertaking. I asked them when they were intending to start the building works on the different projects, only to be informed that the building works...

Adjudication has been successful in overcoming problems previously associated with resolving construction disputes, which largely focused on the holding up of cash flow and the time taken to resolve matters.  Adjudication has proven to be a popular,...

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...

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...

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...

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...

Birkett Long can trace its roots back to 1821, celebrating its 200 th anniversary this year. Statistics suggest that only about 0.5% of all companies achieve 100 years in business, so we are definitely doing something right!  About 30% of businesses...

A conformity mark (or certification mark) on a manufactured product indicates the manufacturer has verified compliance with accepted product standards or regulations.  Businesses need to use a conformity mark when placing certain goods in the UK...

What is a bad debt? A bad debt occurs when a client owes money for a service or product provided and the money cannot be recovered. This sum is essentially lost and must be written off as a bad debt.  A high level of bad debt indicates that the...

A GP Partnership Review was published in 2019. The review found that GPs had considered the personal financial risk of owning or leasing their GP surgery was a major reason why they were leaving or choosing not to join partnerships. The General Practice...

If there is a risk, there is insurance… If there is a risk, there is often insurance out there willing to take on that risk by providing a policy of insurance. It has now become quite noticeable that Warranty and Indemnity Insurance (W&I...

Business leaders that have a plan for growth tend to be more optimistic about achieving their goals. Growth can take time and can come in many forms. It could involve: organic growth, expanding and developing your staff to help you grow expanding your...

We all know that it is better to plan things in order to avoid ending up somewhere we didn’t plan to be!  You need to get your business in the best possible shape for an exit – in whatever form that may take. Careful planning will: ...

The Reform will affect both public and private limited companies, if they meet the certain thresholds explained below. What changes do companies need to be aware of? Engaging with employees: All companies with 250+ employees must include, within their...

Many online business owners ask me about the significance of “cookies”. They question the need for a Cookies Policy for their website. If you are one of them, the following might provide some assistance. Cookies are text files which contain...

  How does your business value its property assets in its balance sheet? Accounting guidelines allow a company to account for its freehold real estate assets at either fair value or at cost. Depending on which method you use, there could be a...

Are you concerned that your business is causing a nuisance which could lead to a complaint or action being taken against you? With considerable pressure for new housing in the region, several of our clients, and businesses in general, have raised...

Only in exceptional circumstances can an employer withhold wages . The fundamental terms of an employment contract are that the employee provides the services and the employer pays for those services.  What should you do before seeking...

Crowdfunding typically involves a large volume of small donations in exchange for something, such as a prototype product (known as donation or reward crowdfunding).  But can crowdfunding be used to fund property purchases and, if so, what are the...

When talking business in a pub, over a drink or two, could you inadvertently create a legally binding contract? For a contract to be binding there must be an offer, acceptance, an intention to be legally binding, consideration and certainty.  Contrary...

The 2016 JCT building contracts have been released over the past few months and the updated Standard Building Contract suite was released on 22 September 2016. This suite has now replaced the 2011 Standard Building Contracts and all subsequent amendments....

A partnership agreement is an important document for all individuals conducting business together as a partnership. Without one, the relationship between the partners and the partnership itself is governed by legislation written in the 1890s! Once you have...

Whilst the government has suffered the recent set back of loosing a court case requiring parliament to vote on the triggering of Article 50 it remains committed to starting the process of leaving the EU by no later than the 31 March 2017. But what does this...

A business entering into a commercial contract will sometimes wish to include a clause that provides a form of compensation, payable to that business if the other party breaches the contract. For example, such a clause can require the breaching party to pay...

Restraint of trade clauses appear in numerous contracts and are designed to protect a business by limiting competition with that business; this is usually achieved by restricting another business or individual from activity that would assist them to compete....

In the immediate aftermath of the vote to leave, we have seen shares in Barratt Homes and Taylor Wimpey (to name but two) fall by over 20%, and the pound down 9.4% against the Euro and 9.8% against the dollar.  The markets have seen the gains of 2016...

The 4th of May 2016 saw the Royal Assent of what is now the Enterprise Act 2016 (the “Act”). The Act covers a wide range of topics, which the government intends will help secure the economic growth of the UK. In so doing, the Act includes the...

One of the biggest changes the Small Business Enterprise and Employment Act 2015 (“SBEE”) has made involves ‘Persons of Significant Control’ (“PSC”). Companies have a duty to take reasonable steps to gather information...

If your business deals with large organisations, local authorities, schools, hospitals, social housing associations or businesses abroad, you will probably have noticed that contracts you are being asked to sign require you to comply with the Bribery Act...

What type of work do you and your team do? I lead the South Essex dispute resolution team and we assist clients in recovering debts and resolving disputes.  I personally specialise in disputes relating to property, but other team members have their...

Government ministers have had a couple of months to settle into their new seats and there are two ministers, in particular, relevant to small businesses.  Sajid Javid MP is the Secretary of State for Business and Anna Soubry MP is the minister for Small...

As a dispute resolution lawyer I am all too aware that people are often deterred from instructing lawyers to assist in recovering debts or pursuing claims, or in defending such claims, due to their perception of the high cost involved.   I’m not...

Some clients have received advice that statutory books are not required for private companies and stock transfer forms (“STF”) are a thing of the past… however, this simply isn’t true! Statutory books can be hard copy or electronic...

Businesses in Basildon, Southend and the rest of south Essex that are planning legal action through the courts against another party face huge increases in fees, warns an expert with Essex legal firm Birkett Long. Claire Wiles, an Associate solicitor in the...

Many directors and owners of companies will have been asked, at some point, to provide a guarantee for their company to a potential landlord.  This is particularly the case for new or small companies, but has become increasingly prevalent with some...

One little known element of the Agricultural Tenancies Act 1995 is that tenants of Farm Business Tenancies are, in certain circumstances, entitled to claim compensation in respect of improvements they have made to the leased property. Perhaps even more...

The natural tendency when a business moves is to focus on the new premises.  However, when a lease comes to an end a tenant will usually face a claim from their landlord for the cost of repairs and redecoration necessary to put the property into the...

We often find that clients are confused about what constitutes an agent. Essentially, an agent is an intermediary involved in the making of a contract between one party, known as the principal and that principal's customer. Under English law, an agent...

Poor cash flow may be a sign of a struggling business and in those circumstances directors need to proceed cautiously otherwise they could potentially find themselves in all sorts of trouble. Directors of limited companies are not always aware that...

Confidence has returned and local businesses are proving to be prime targets for purchasers who are ready to invest. Transactions, whether sale or purchase, have been continuous for the last 12 months. Buying From a legal perspective, when purchasing a...

Over the next few years all employers will have to auto-enrol all “eligible” workers into a workplace pension scheme.  The biggest employers started doing this in October 2012, when the Pensions Act 2008 came into force. An employer must...

You may have experience as a plumber or fitter but the question is, are you allowed to connect water and gas pipes to a boiler? Common sense might suggest that a plumber or pipe fitter has the necessary skills to fit pipes whether they carry gas or...

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...