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Commercial Law Blog articles

Highly pressurised due diligence? Here is our advice!

Highly pressurised due diligence? Here is our advice!

Many company owners who are in the process of selling their company are under pressure to complete the sale before the autumn budget given the extensive talk regarding the increase of the CGT rates which for many could mean receiving less sale proceeds than anticipated! One way of improving the chances of beating the budget… Read more »

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Terminating a contract due to insolvency – new restrictions

Terminating a contract due to insolvency – new restrictions

Terminating a contract to the insolvency of the other party is no longer permitted, despite an express clause to this effect. New restrictions on terminating a contract due to insolvency It is typical in commercial contracts to see the right for a supplier to be able to terminate the contract (or suspend its delivery obligations)… Read more »

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Process agent clauses in credit agreements

Process agent clauses in credit agreements

Process agent clauses  in credit agreements are valid. In Banco San Juan Internacional Inc v Petroleos De Venezuela SA [2020] EWHC 2145 (Comm), the High Court confirmed that proceedings brought by a bank against an oil company (PDVSA) had been properly served on a process agent, in accordance with contractual documentation (credit agreements) and CPR 6.11…. Read more »

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Holding annual general meetings during lockdown

Holding annual general meetings during lockdown

The rules of some companies and other organisations require them to hold annual general meetings. Since lockdown began in March, those organisations have grappled with how to comply with these requirements whilst complying with the government’s lockdown rules. Legislation was finally introduced on 25 June 2020 to bring in temporary changes on how to hold… Read more »

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Cancelled business show due to Coronavirus: How do exhibitors and sponsors get a refund?

Cancelled business show due to Coronavirus: How do exhibitors and sponsors get a refund?

If you paid to exhibit at, or sponsor a cancelled business show, where do you stand legally? The Coronavirus pandemic has led to the cancellation or postponement of many, many events worldwide including business shows and expos. It is currently unknown exactly when such events will be able to resume safely. UK examples include; the… Read more »

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Growing your business through a franchise operation

Growing your business through a franchise operation

Does your business have what it takes to become a franchise operation? Franchising There is no legal definition of franchising but a franchise is a contractual relationship where the franchisor: allows a franchisee to use its trade name, marks, brands and business ‘system’ exercises continuing control over a franchisee is obliged to provide training and… Read more »

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Top legal tips for franchisees

Top legal tips for franchisees

Franchise agreements are usually lengthy (around 40-60 pages) and contain many obligations and restrictions on franchisees. Before signing the agreement, it is important to take advice from a BFA affiliated solicitor who will be used to seeing franchise agreements from across the industry. Whilst the terms may be stated to be non-negotiable, it is still… Read more »

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New ways of working and team morale during remote working

New ways of working and team morale during remote working

Remote working – Casting an eye back to 2019, before the coronavirus outbreak, less than 30% of the working population reported that they worked from home. Now, almost overnight, businesses all over the UK were propelled into the new norm of remote working. For Paris Smith, various existing support systems proved invaluable to the teams… Read more »

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3 top tips to surviving your first seat as a trainee solicitor

3 top tips to surviving your first seat as a trainee solicitor

Trainee solicitor, Lucy, shares her 3 top tips on how to survive (and hopefully thrive) throughout the first seat as a trainee solicitor. First day as a trainee solicitor After receiving my training contract offer over two years beforehand, the big ‘First Day’ seemed daunting to say the least; I suppose primarily from the fear… Read more »

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Coronavirus (COVID-19) : Settling commercial disputes and disagreements

Coronavirus (COVID-19) : Settling commercial disputes and disagreements

Settling commercial disputes and disagreements at any time can be daunting, but during any economic crisis such as the Coronavirus (COVID-19) pandemic, tensions can and do rise between businesses eager to protect their respective interests and those of their shareholders and employees. Supply chain issues have arisen leading to the need to renegotiate trading terms,… Read more »

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COVID-19 – Emergency support for businesses

COVID-19 – Emergency support for businesses

Government sets out measures to provide emergency support for businesses due to COVID-19 The Government has set out a number of measures to provide emergency support for businesses due to the disruption caused by COVID-19. These measures include: a Coronavirus Job Retention Scheme deferring VAT and income tax payments a statutory sick pay relief package… Read more »

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Cancelled events due to Coronavirus – Where do you stand?

Cancelled events due to Coronavirus – Where do you stand?

What are the effects if you have to cancel an event due to the Coronavirus? All types of events, from the biggest international concerts and conferences to the smallest community gatherings have been cancelled or postponed to prevent the spread of Coronavirus. The impact of such cancellations is wide ranging and may result in significant… Read more »

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How will Brexit affect commercial contracts? – Part 1

How will Brexit affect commercial contracts? – Part 1

Brexit – EU references in contracts Whilst the UK left the EU on 31 January 2020, the exact manner of the UK’s future trading relationship with the EU is yet to be agreed. Despite this uncertainty, businesses will benefit from thinking ahead and considering the potential impact on commercial contracts. This is a high priority… Read more »

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Coronavirus impacts supply chain

Coronavirus impacts supply chain

The effects of Coronavirus (COVID-19) are being felt by the manufacturing sector both in the south of England and across the UK. As the Chinese Government continues to seek to manage the situation in its own country, the ramifications are being felt around the world, as has been widely reported. Disruption to supply chains Businesses… Read more »

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Have you paid your data protection fee?

Have you paid your data protection fee?

The ICO is cracking down on companies who have not paid their data protection fee The GDPR is now firmly embedded in UK law and since May 2018 there have been an increasing number of reports of investigations by the ICO into data breaches and inappropriate use of personal data by companies across the country…. Read more »

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Publishing Contracts

Publishing Contracts

What are publishing contracts and how do they work? A publishing contract (also known as a publishing agreement or publisher’s agreement) is a legal contract whereby an author grants a publisher the right to sell or otherwise commercially exploit the author’s work. The author usually receives a royalty payment (i.e. a commission on every sale)… Read more »

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Can an email create a legally binding contract?

Can an email create a legally binding contract?

(Co-written by Sophie Dipper, Trainee Solicitor and Emily Sadler, Associate) Exchanges of emails can create a legally binding contract Emails offer a quick and easy way to communicate and are used almost universally by all types of businesses. Yet care does need to be taken to prevent an informal exchange of emails amounting to the… Read more »

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Risk management in 2020: avoid potential problems when dating documents

Risk management in 2020: avoid potential problems when dating documents

What is the risk and solution when dating documents in 2020? 2020 sees the start of a new decade. For businesses of any size, the year also brings with it a potential risk management issue. During 2020 there is a risk when dating your documents for which there is a simple solution. When dating documents… Read more »

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How to get your terms of business to work for you

How to get your terms of business to work for you

4 tips to look out for when drafting your terms of business At our specialist seminar aimed at those in the recruitment industry to be held later this month, I shall be discussing the key issues we see arising time and time again from an agency’s terms of business. However it strikes me that the… Read more »

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Warranty and indemnity insurance: the way forward?

Warranty and indemnity insurance: the way forward?

We are seeing an increase in the use of warranty and indemnity insurance (w&ii) on corporate transactions and the signs are that this trend is going to continue. So, what’s the attraction? What is warranty and indemnity insurance? When a company or business is sold, the buyer will usually require warranties form the seller. In… Read more »

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Do your business contracts protect you from the risk of expensive court action?

Do your business contracts protect you from the risk of expensive court action?

Are the dispute resolution clauses in your commercial and business contracts delivering the outcome you want? Are they effective and binding? A valuable guide has recently been provided by the High Court on this subject to help those who are responsible for drafting and negotiating business contracts. Agreements in the course of business and commerce… Read more »

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Dispute Resolution – Is your solicitor playing to win?

Dispute Resolution – Is your solicitor playing to win?

This blog is intended to give you some ideas of strategies your lawyer may not have thought of to help you win your case. You have a problem. You need a solution. So you make an appointment with your usual solicitor in the local town. They talk you through the court process. It all sounds… Read more »

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A week of record fines from the ICO for Marriott and British Airways and, in the US, Facebook.

A week of record fines from the ICO for Marriott and British Airways and, in the US, Facebook.

The General Data Protection Regulation (GDPR) came into force last year and was the biggest shake-up to data privacy in 20 years. Upon its implementation, the maximum fines increased from £500K to £17.2m or 4% of global turnover, which ever is the higher. This increased threat was enough to make us all sit up and… Read more »

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GDPR : One year on

GDPR : One year on

A year has passed since the enactment of the GDPR on 25th May 2019. So how have we fared, have we all weathered the storm? We found real divergence in the way that businesses prepared for GDPR – some businesses were compliant well in advance of the deadline and others thought they would wait and… Read more »

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How do you settle commercial disputes without going to court?

How do you settle commercial disputes without going to court?

Mediation can hold the key What is mediation and how does it apply to commercial disputes? Mediation is a forum for settlement of disputes in which an entirely independent specially trained third party (the mediator) meets the parties who are in dispute to help them negotiate a settlement of their dispute. Other common forums for… Read more »

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Leadership – what defines great leaders?

Leadership – what defines great leaders?

Who will be the Business Leaders of the Year in Winchester and the South Coast? Have you ever been asked the question -“Which leader whether past or present would you like to have dinner with?” I certainly have. Some of the names which frequently spring to mind to me include Sir Winston Churchill, Mahatma Ghandi,… Read more »

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ICO takes action against organisations for failure to pay data protection fee

ICO takes action against organisations for failure to pay data protection fee

The ICO recently issued formal enforcement notices to 34 organisations that had failed to pay their data protection fees. The fee is a new requirement under the Data Protection (Charges and Information) Regulations 2018 which came into force on 25 May 2018 to coincide with the General Data Protection Regulation (GDPR) and Data Protection Act… Read more »

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Commercial Law Publications / Press

Commercial Law Factsheets

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Spring 2017

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Venture and development capital

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Company and partnership structures

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Corporate restructuring

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