Writing
341 articles on selling, buying and running a business, written for owners rather than for other solicitors.
A director tried three ways out of a personal guarantee and lost on all three. What the High Court decision means if you have signed one for your company.
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The short answer is that I'd rather you didn't, at least not into a free consumer version, and not without checking with me first. Part of that is a…
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Mostly yes, but not in the way people picture it. The client list is usually the thing a buyer is actually paying for, and sellers tend to assume it moves…
Read itI've had a version of this enquiry four times in the last fortnight or so. A new business has used ChatGPT (or Claude, or Gemini) to draft its terms and…
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A structure I see regularly is a partial sale, where a trade buyer, often a serial acquirer, buys 51% of an owner-managed business. The founders keep 49%…
Read itWhen you buy a business, the seller gives warranties: statements of fact about the company, its accounts, its contracts, its employees, its disputes. If a…
Read itThe High Court found two ex-employees copied 11,579 files and lied about it. What EMJ v Mekina means for owner-managed businesses.
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Told one thing, sold another: why a £3.4m franchise claim failed A man was told a trampoline park would cost £1.5 million to build. It cost £2.4 million.…
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The High Court gave summary judgment ordering repayment of a £50,000 termination payment after a former employee breached his settlement agreement. Here's what it means for drafting settlement agreements.
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The CMA rewrote CMA37 on 22 July 2026. The law has not changed, but enforcement has. What UK businesses selling to consumers need to review now.
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Exclusion clauses matter. Trinsic v Procoll [2026] EWHC 1793 (Ch): the buyer proved breach on several fronts and still recovered nothing. What it means for your supply contracts.
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A car event organiser paid £134,666 for reposting magazine photographs on Facebook and Instagram. What Tipping v Smith teaches small business owners about image copyright.
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The fraud carve-out in a share purchase agreement removes every cap and time limit you negotiated. What Next Generation v Finch teaches sellers about warranties and disclosure.
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A practising solicitor's assessment of the AI tools available for document and contract review in 2026: what each does, what it costs, where it fails, and what Ayinde and Munir mean for how you use them.
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What the Court of Appeal's decision in Geeks v Watts means for training repayment clauses, restraint of trade and employment contract drafting for small businesses.
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The Wimbledon champion collects £3.6 million on Centre Court. In this article, I explain the sports law perspective: what UK tax law actually does to that cheque, why worldwide endorsement income is the real sting, and how the contracts behind the scenes decide who keeps what.
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A major builders' merchant just lost a High Court case trying to stop its salesman joining a rival - because of two words it forgot to define. In Huws Gray Ltd v Gentleman [2026] EWHC 1309 (Comm), the company had a six-month non-compete clause, took it to court, and lost on every point. The clause was drafted so widely it would have banned the employee from working in the rival's HR or finance team hundreds of miles away. And the one clause that would have protected its customers was useless, because two key terms were left undefined. If you employ salespeople, the lesson is simple: having a restrictive covenant is not the same as having one that works. Here's what went wrong - and what it means for your contracts.
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A Leicester name has just become the textbook example of how not to run an online checkout. On 18 June 2026 the Competition and Markets Authority…
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When Jon Corns first told me about Earls Golf , I knew straight away this was a brand worth protecting properly. A former assistant professional at The…
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The High Court has confirmed that copying text from a competitor's website can cost you £10,000 in damages - and that "I could have hired a copywriter for less" is not a defence. In Airconco UK Ltd v DC Air Conditioning and Refrigeration Ltd [2026] EWHC 998 (Ch), HHJ Hacon dismissed an appeal against a maximum-track damages award, holding that where a claimant has an established licensing business with published rates, courts will use those rates as the measure of loss. Here is what the judgment means for UK businesses.
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After more than a decade of litigation across five hearings, the First-tier Tribunal has, on 1 May 2026, decided that Level 1 National Group football…
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Veranova proved the warranty was false. Veranova proved the disclosure was inadequate. Veranova still lost. The trial outcome in Veranova v Johnson Matthey [2026] EWHC 1021 (Comm) is a masterclass in why the limitation provisions in your SPA matter more than the warranties themselves.
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Heads of terms that say they are binding will bind you. Warranties can become representations. Hoffman v Finalto and what it means for SME sale and acquisition deals.
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If a buyer discovers a warranty breach after completion and the company later recovers from the wrongdoer, can the seller use that to reduce damages? ETL v Munn says no. Here is what it means for SME deals.
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Want to give a settlement agreement to your employee? Think before holding a 'protected conversation'
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Well. That escalated. TBD Marketing has published the Q1 2026 Legal LinkedInfluencers Report and I've come in at number two, with a power score of 21,034.…
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The news broke on Monday morning without warning. Scott Mills - Radio 2 breakfast show host, one of the BBC’s highest-paid presenters, and a familiar…
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What are alphabet shares and what is their purpose? Alphabet shares are a common feature of UK company structures, particularly in owner-managed…
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When business owners talk about giving their husband or wife shares, what they usually mean is not about control or voting rights. Don't tell HMRC, but it…
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You have probably seen the recent BBC story headlined I am caught in a trade mark row with Cambridge University it is terrifying . That headline captured…
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Dryrobe v D-Robe – when your brand risks becoming the product This case is a textbook example of a problem many successful businesses secretly envy and…
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Toilets in the workplace – the legal issues Few workplace issues generate as much heat, confusion and anxiety as toilets. What was once a purely practical…
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If you are a shareholder looking to exit a business, one of the most common questions is whether the company itself can buy back your shares. The short…
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Side letters are one of those quiet little tools that commercial lawyers use all the time, yet most business owners never come across until there is a…
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Budget 2025 - why this feels like one of the worst Budgets for business owners and higher earners Headline changes business owners should care about…
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In Thom Browne Inc and another v adidas International Marketing BV and others [2024] EWHC 2990 (Ch), the High Court found that certain figurative marks…
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When an employee leaves and goes to a competitor, emotions often run high. Employers want to protect their client base and confidential information.…
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The High Court has ruled in Houssein v London Credit Ltd [2025] EWHC 2749 (Ch) that a 4% monthly default interest rate on a property loan was enforceable and not a penalty. The case is a key win for private and non-bank lenders, confirming that strong default clauses can stand if they reflect genuine commercial risk. If you lend secured funds for property deals, make sure your facility or loan agreements are properly drafted and commercially justified. Steven Mather Solicitor advises on facility agreements, loan agreements and secured lending documentation.
Read itWhat is Good Faith in contracts? The Court of Appeal’s decision in Saxon Woods Investments Ltd v Costa shows how seriously courts take good faith obligations in shareholders’ agreements. The case involved an unfair prejudice petition where a director delayed a promised company sale, breaching both the agreement and his duties to minority shareholders.
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When you sell your business, your non-compete clause might stop you doing more than you think. In Spill Bidco Ltd v Wishart, a seller who funded and advised friends’ new ventures was found to have been concerned in competing businesses – breaching a standard non-compete clause. The case shows that even lending money or helping out informally after a sale can cross the line.
Read itThe Legal Ombudsman exposes ten law firm mistakes. Learn what went wrong and how I give small business owners clear fees, deadlines and reliable service.
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Introduction It is every employer’s nightmare scenario: you discover that one of your employees has been arrested or charged with a criminal offence.…
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hinking of buying or selling a book of business or client bank? Whether you're an IFA, accountant, insurance broker or other professional - many advisers misunderstand what is really being transferred. Clients are not generally “owned” – what changes hands is goodwill, client records and the right to earn ongoing fees. In this guide I explain how client bank sales work in practice, how valuations are calculated, and what risks buyers and sellers need to watch out for.
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Employee shareholder dispute? How to value shares, handle leaver terms, agree a clean settlement and avoid court. Clear guidance for employers and employees.
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A recent High Court decision, Atten Bidco Ltd v Assassa and Others [2025] EWHC 2347 (Comm), has highlighted just how critical warranties and disclosure are when…
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Can a WhatsApp message create a legally binding contract? In DAZN v Coupang, the Court of Appeal said yes – a USD1.7m broadcasting deal was sealed by email and messages, even without a signed agreement. This case is a warning for business owners: contracts can be formed before paperwork is signed. Learn the key lessons on “subject to contract”, urgent deals, and how courts treat informal communications.
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Issuing a “small claim” isn’t always risk free. A recent Royal Albert Hall case shows how a modest dispute can be pushed onto the fast track, leaving the losing party with a five-figure costs bill - and even facing indemnity costs where the court finds their conduct unreasonable.
Read itOver the last year or so, i've seen a trend in more businesses seeking B-Corp®️ certification. The appeal is clear: a public commitment to balancing…
Read itOne of the most common questions I’m asked when advising on settlement agreements is: “How much should the employer contribute towards my legal fees?” or…
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What’s the difference between a contract and a deed? While both are legally binding, a deed has stricter signing rules, can be enforced without consideration, and gives you a twelve-year limitation period. This article explains when the law requires a deed – such as powers of attorney in shareholders’ agreements – and when you might choose one for extra protection.
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If your business offers highly specialised services, your biggest asset is your know-how – but once a customer sees how you work, they may try to copy it. This article explains how to protect your processes and expertise with the right contract clauses, from exclusivity of supply to bringing-in-house restrictions, so you keep your competitive edge.
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The High Court’s decision in Learning Curve (Ne) Group Ltd v Lewis & Probert shows how a buyer can recover far more under a breach of warranty claim than a narrowly drafted indemnity. In this £16.8m business sale, funding compliance breaches cut the target’s value by over £5m. We explain the background, the court’s reasoning, and the key lessons on warranties, indemnities, disclosure, and buyer’s knowledge for anyone buying or selling a business.
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The Legal Side of Alexander Isak’s Transfer Saga Background: A Contract Stand-off at Newcastle Alexander Isak’s situation at Newcastle United has become a…
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It’s not something that comes up every day, but from time to time, GP practices are offered gifts or left money in a patient’s will. A recent enquiry…
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Starting a new business is full-on. You’re wearing all the hats - founder, director, sales, admin, HR, and occasionally unpaid intern too. It’s often…
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I’ve recently advised Westerby Trustee Services on another successful business acquisition – the latest in a series of transactions I’ve helped them with…
Read itThe Supreme Court has dismissed a trade mark infringement claim brought by the owner of the UMBRO brand, even though the legal principles were decided in their favour. In Iconix v Dream Pairs, the Court ruled that post-sale confusion and real-world viewing angles can count in trade mark cases – but held that the trial judge’s original decision to dismiss the claim was not irrational and must stand. A case that shows the law may be with you, but the facts still win the day.
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What actually goes into a solid SaaS agreement – and what can go wrong if you don’t read the small print? Whether you’re selling or buying SaaS, this plain English guide walks you through the key clauses every UK business should include, from uptime guarantees to liability caps and data protection. No jargon, just practical advice to keep your contract (and your service) running smoothly.
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Not every buyer pays the full purchase price upfront. But if part of the money is deferred, both parties need to think carefully about how it’s structured, whether security is needed, and what it means for tax and TOGC rules. In this article, I explain how deferred payments work, when you might need a separate loan agreement, and how to protect yourself legally if things don’t go to plan.
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Thinking of going into business with someone? This guide explains the different legal options – from simple partnerships and consultancy arrangements to shareholdings and equity structures – with clear pros and cons for each.
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Thinking of selling your pub, café or restaurant? From leases and licences to staff and stock, there’s more to it than handing over the keys. In this practical guide, I break down what’s involved in a hospitality business sale, what documents you’ll need, and how to avoid the usual legal headaches. Whether you’re selling up to retire or move on to something new, this is everything you need to know before you say cheers and hand over the taps.
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The judgment in ALR and others v The Chancellor of the Exchequer landed this week, and with it comes legal confirmation that the Government’s plan to…
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Thinking of selling your business? A recent High Court case shows how an email chain can derail a sale even after completion. In Inspired Education v Tom Crombie, the buyer claimed the seller’s emails amounted to gross misconduct. The judge disagreed, but the case highlights the importance of clear disclosures, understanding warranties, and being mindful of what you write. If you’re selling your business, seek advice early to avoid costly disputes.
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Deferred payments can help bridge the gap between buyer affordability and seller expectations, but they come with risks. My latest article unpacks why deferred payments are so common in business sales, the main risks they pose, and practical ways sellers can protect themselves - like security arrangements, clear drafting, and thorough due diligence. If you’re selling your business, understanding these points can help you avoid costly pitfalls and secure the full value you deserve.
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Workplace injuries are an unfortunate reality, but how employers respond can make all the difference. In my latest blog post, I explain what employers should do immediately after an accident (hint: it’s not just about offering a settlement agreement). I cover the essential legal requirements for settlement agreements in workplace injury cases, including when they’re appropriate and how to avoid common pitfalls. Learn how to approach these agreements thoughtfully to resolve disputes fairly and effectively.
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Many SMEs try to navigate the business world without formal legal support, but this can be a costly mistake. My latest blog post explains why legal advice is essential for small business owners, from drafting contracts and handling employment issues to regulatory compliance and dispute resolution. Discover how investing in the right legal support can protect your business, save money, and even help you grow.
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If you’re thinking about buying a franchise, you’ll no doubt have been handed a franchise agreement - probably thick with clauses, capital letters, and…
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It’s Mental Health Awareness Week 2025, and the theme this year is community. That’s a timely reminder that workplace mental health isn’t just about…
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The Provider Selection Regime (PSR) Since January 2024, the way the NHS awards contracts for clinical services has changed significantly. The introduction…
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I was in the Co-Op the other day, and was surprised to see a 'dupe' Jaffa Cake box (I didnt call them dupes, my daughter did!). I wondered why Jaffa Cakes…
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What if a new employee says they can’t start due to illness? Find out your legal options if a job offer has been accepted but no contract signed - and why same-day advice can make all the difference.
Read itSteven’s Legal Updates – 17 April 2025 Here is a summary of notable legal developments in the UK for this week: 1. Supreme Court Defines ‘Woman’ as…
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The Supreme Court has ruled that “woman” in the Equality Act means biological woman – not someone with a Gender Recognition Certificate. This matters for small businesses offering single-sex services or spaces. Find out what’s changed, what stays the same, and how to stay legally compliant while treating everyone fairly.
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AI is transforming legal practice – but are small firms ready? In this in-depth guide, I explore the ethics, data risks, top AI tools for solicitors, and the traps to avoid. From contract automation to legal research, discover how AI can help you work smarter (without losing your professional edge). A must-read for any solicitor looking to future-proof their practice.
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The viral rise of “Dubai chocolate” - more formally known as the “Can’t Get Knafeh of It” bar from Fix Dessert Chocolatier - has been a social media…
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Join Steven Mather, Solicitor, for a live and practical webinar designed to help lawyers and solicitors understand and use AI tools like ChatGPT and Copilot in their legal work. No jargon, just real examples. Learn how AI can review documents, draft emails, summarise judgments, and more. Perfect for beginners.
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When a business is sold, it’s common for the seller to stay on for a period of time to help with handover - often under a fixed-term employment or consultancy contract. But if that arrangement lasts more than two years, there may be unexpected legal consequences. This article explains when the end of a fixed-term contract amounts to a redundancy, what rights sellers might have, and the key differences between employment and consultancy in a post-sale context.
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Selling a business is one of the most significant transactions most owners will ever go through. Buyers invest huge sums based on the information they are…
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A clear explanation of what a Memorandum of Understanding or Letter of Intent is, how they differ from Heads of Terms, and what to include to protect your position during early negotiations of a business deal.
Read itEach week, powered by AI, I'll document some of the UK's notable legal developments. This week, from 31st March 2025 , the following key stories have been…
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Do you eat marshmallows with your hands or from a skewer? HMRC needs to know - because it could affect how much VAT is charged. The Court of Appeal has…
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When buying a business, it’s common for the seller to stay involved in some capacity after completion. However, a practical question often arises: Should the seller stay on as a consultant or become a PAYE employee? This article considers the three options available to you when selling your business.
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Selling your business is a major milestone, and whether you're cashing in after years of hard work or simply moving on to the next chapter, one thing is…
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Buying or selling a business in the UK involves many moving parts, and one critical aspect often overlooked is the commercial property tied to that business. Whether the business operates from a leased shop, an owned warehouse, or any commercial premises, property considerations can significantly impact the transaction. This comprehensive guide breaks down what you need to know in plain English – from dealing with lease assignments during an asset sale to conducting property due diligence in a share purchase.
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The Case: Durber v PPB Entertainment Ltd (2025) The recent High Court case of Durber v PPB Entertainment Ltd ([2025] EWHC 498 (KB) ) has caught the attention of…
Read itACAS has just launched some new advice on neurodiversity in the workplace. Read more about it here.
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When a business is sold, the transaction can take different forms: a share sale (selling the ownership of the company) or an asset sale (selling the…
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Are you in need of legal assistance? Finding a top-quality solicitor near you can be a daunting task. With so many options available, it's essential to…
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Are you considering purchasing a business in the UK? Whether you're an entrepreneur looking to expand your portfolio or a first-time buyer exploring new…
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Trading as Wash Wiggle and Wag amounted to passing off.
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Becoming a Consultant Solicitor changed my life. If you’re thinking about becoming a consultant solicitor and have questions about how it all works, but you want a genuine independent voice on consultant solicitors and not the brochure websites of the various consultancy law firms, this ultimate guide to becoming a consultant solicitor is for you!
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The Labour Budget in October 2024 changes business property relief and impacts owner managed businesses considerably. In this article we look at BPR, capital gains and inheritance tax and suggest some mitigation strategies.
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I've had a number of clients seeking ways to protect their assets, reduce tax liabilities, and plan for the future. The Budget in October 2024 brought in significant changes to Capital Gains Tax (CGT) and Inheritance Tax (IHT), so lets have a look at holding companies...
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The Supreme Court recently delivered a key judgment in SkyKick UK Ltd v Sky Ltd ([2024] UKSC 36), tackling the issue of overly broad trademark registrations.…
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The Court of Appeal has confirmed that there is no requirement for non-unionised employers to conduct "general workforce consultation" about redundancy…
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Here are four top tips to selling to the public sector through procurement.
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The Labour Budget of Autum 2024 made changes that will impact those looking to sell their business with in the next few years. This blog explains how and what to do..
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The Court of Appeal has held that an upfront advance payment termination of an agreement between a barrister and their former client was unfair and…
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The Employment Appeals Tribunal (EAT) have confirmed a decision of the Employment Tribunal that comments about an employee's baldness were harassment…
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The Court of Appeal has upheld an appeal against the High Court's dismissal of a claim for infringement of the trade mark VETSURE , registered for pet…
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Many directors are asked by lenders to give personal guarantees when their limited company takes out finance. In this blog we look at what a personal guarantee is, why they are required, and why you need to get independent legal advice (ILA) on PGs.
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In a previous article, I discussed why everyone seems to be talking about NDAs by showcasing their importance for both business and personal usage. In…
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In the previous article, I discussed what clauses one should include in an NDA and whether one can add a non-compete in that NDA and an earlier blog…
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Terms like “Non-Disclosure Agreement,” “NDA,” and “Confidentiality Agreement,” or phrases like “protect sensitive information” and “protect ideas” are…
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Having an airtight and clear Service Agreement in place before commencing any work for your client(s) will bring clarity, peace of mind and avoid…
Read itThe Information Commissioner's Office (ICO) have a new tool to help small businesses create privacy notices for their business. The tool can be accessed…
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Have you been asked to sign a Deed of Priority. This blog will explain what a Deed of Priority is.
Read itI’m genuinely delighted two new additions to the team of people I work with to deliver exceptional service to clients. First up Alistair Haggerty joins…
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Resolving business disputes efficiently is crucial for two things: maintaining smooth operations and protecting your financial interests . The small…
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Discover what is a GP partner and why it is financially beneficial. A GP partner is a self-employed person who owns part of the practice they operate from - giving them greater control over their practices. Discover everything you need to know about GP partnerships.
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Unpaid invoices. The term is something all business owners have experienced at some point. But it doesn't make it less unsettling and frustrating. There…
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A registered trade mark is the best way to protect your brand - this article shows you how to register a trademark.
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Learn about consumer rights - legal compliance, refund policies, your obligations to protect your business and customers.
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Exclusive agreements allow suppliers to maintain greater control over the distribution of their products. Consistent brand image is a key benefit. Read on for more.
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A distribution agreement is essentially an agreement for sale - dictating the price and terms and conditions for the distribution of products or software.
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A facility agreement sets out the terms and conditions from a lender on which it is prepared to make a loan facility available to a borrower.
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Employees shares can truly incentivise and reward your team. Learn how to attract and retain key talent with employees shares. Inspire loyalty with shares.
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A detailled guide on mental health at work from employment law for small and medium sized businesses.
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On 6 April 2024, section 1 of the Employment Relations (Flexible Working) Act 2023 (the Act) will be brought into force by the Employment Relations…
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On 26 March 2024, the Economic Crime and Corporate Transparency Act 2023 (Financial Penalty) Regulations 2024 were published on legislation.gov.uk. The…
Read itThe High Court has held, among other things, that the scope of a broker's fiduciary duty did not extend to an obligation to disclose the amount of…
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On 25 March 2024, the Cabinet Office published PPN 02/24 Improving Transparency of AI use in Procurement (PPN). The PPN applies to all central government…
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I recently acted for an individual whose employment was being terminated by way of a settlement agreement , for reasons which are not relevant to this…
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Companies are legally required to provide directors with a service contract. A Director's service agreement is used to protect your business. Find out more here.
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Find out how to set up a limited company in the UK. The steps to become a limited company are fairly straightforward - you can find them in this comprehensive article.
Read itHere's what you need to know about the filing requirements of a limited company in the UK.
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In Sky Ltd v Airlie [2024] CSOH 22, the Court of Session in Scotland held that the display in a bar of TV provider graphics on broadcasts shown on customer…
Read itA follow-up report by Autonomy has found that, following the UK's four-day week trial in 2022 the majority (89%) of businesses have continued with the…
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Don't risk the future of your business – explore the benefits of a lasting power of attorney as an essential part of risk management to mitigate potential crises.
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Discover essential provisions for managing a shareholder's death in the UK. Learn how to navigate this situation and ensure your company's continuity with expert guidance.
Read itDiscover the vital importance of having a will for business owners. Ensure the smooth transfer of assets, protect your business interests, and provide for loved ones with a comprehensive will. From appointing executors to minimising tax liabilities, learn how a well-drafted will can safeguard your legacy and provide peace of mind.
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Crafting clear terms and conditions is crucial for any business. Discover what to include in this comprehensive guide.
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Discover the importance of shareholder meetings in corporate governance. Explore FAQs, benefits, and the significance of these gatherings for shareholders and businesses.
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Selling to consumers (DTC or D2C) involves legal considerations & compliance essentials. Read this guide to discover the scoop.
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Discover how share options and LTIPs can drive your company's success. Explore key insights for directors in our comprehensive guide to maximise your company's growth potential.
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The High Court recently dismissed the appeal of Lidl Logistics against a Company Names Tribunal decision from November 2022. High Court Decision…
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A director's service agreement regulates the relationship between the director and the company - setting out the duties, obligations, & responsibilities.
Read itExplore the world of EMI share schemes and discover how they can motivate and reward directors while offering tax-efficient benefits. Learn how EMI shares can unlock your company's potential for growth and success.
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On 5 October 2023, the ECJ issued a preliminary ruling on consumers' rights to withdraw from auto-renewing subscription contracts under the Consumer…
Read itIn Sunset Ltd and another v Al-Hindi [2023] EWHC 2443 (Ch), the High Court held that notice of a landlord's address for service under section 48 of the Landlord…
Read itA shareholders agreement is an essential business document that can provide for many eventualities: the financing & management of the company, the dividend policy, and more.
Read itShares are a part of a company that is limited by shares and is a divided-up unit of the value of a company. Each shareholder is entitled to a portion of profits depending on the number and value of shares.
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Sole traders are usually self-employed business owners. A limited company could have any number of employees. A partnership has the same rules as sole traders - but business income is split with a partner.
Read itThe CIPD has published the findings of its annual Health and wellbeing at work survey, conducted among HR professionals in March and April 2023. Key…
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There are a couple of options available in circumstances where a company seeks to register or use a similar company name to one already in use. These are…
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A limited company is a legal business structure that provides limited liability protection to its owners, who are known as shareholders or members.
Read itIt's not essential to use a solicitor to sell a business, however, it is highly recommended that you use one. Selling a business is highly complicated and a solicitor will help you prepare the business for sale properly.
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No, buying an existing business is lower risk. Due to current clients and customers, employees, systems, suppliers, and financial history, buying an existing business is certainly less risky than starting a new business.
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An employment tribunal (Employment Judge Lewis sitting with lay members) has considered whether the dismissal of a manager who used an offensive racial…
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I'm delighted that as of 13th July 2023, I was elected as the Law Society Council Member for Leicestershire, Northamptonshire and Rutland. Elected albeit…
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You can't stop employees from working for your competitors. What you can do is include post-termination restrictions in contracts of employment.
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A loan note is an agreement between a company and an investor. Typically including interest, the investor agrees to make a loan to a company, repayable on an agreed date.
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Due diligence is the process involved when a buyer requests from the seller any documents, data, and other information about the company the buyer wishes to purchase. The buyer then reviews the information and documents to identify any potential liabilities or roadblocks that could affect the transaction.
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On 24 July 2023, the Competition and Markets Authority (CMA) announced an investigation investigation into unregulated legal services, such as…
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There's a principle in the English Court System that Judges should be independent and unbiased. A judge faced with an actual bias will often recuse…
Read itThe High Court has dismissed a claim for infringement of certain registered trade marks, passing off and conspiracy to injure by unlawful means, and…
Read itAs an insight into the kind of work I do daily, here's a genuine question I received this week. For this client, we recently prepared some new and updated…
Read itThis dilapidation claims guide will help you navigate property maintenance obligations, understand the claim process & and protect your rights.
Read itEvery GP needs a reliable and professional solicitor and legal service to turn to. Expert legal advice for GPs helps healthcare provider issues.
Read itDiscover the 3 types of software development contracts. Learn how legal advice can help you to draft and finalise solid contracts for your software business.
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If handled badly, business contract disputes can be costly and time-consuming. Avoid this by reading this guide to maintain your business relationships and reputation.
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As a legally binding agreement between parties involved in a transaction, key legal contract clauses ensures both parties uphold their end of the deal.
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Are you currently in a dispute with your business partner? Business partnership disputes spell trouble. Learn how to fix it in this expert guide.
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Expert guidance on UK company law for business owners. Stay informed on key legal considerations, compliance requirements, and best practices for running a successful business in the UK.
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Business legal risk is a wide category, and applies to any event or circumstance that has the potential to prevent you from achieving your business goals…
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This post shares answers to the most frequently asked questions about UK business trademarks. What can happen if you don't register a trade mark? And more.
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Discover when it's the best time to hire a business lawyer to ensure legal compliance, protect your interests, and navigate complex business matters effectively.
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In Morris v Lauren Richards Ltd [2023] EAT 19, the Employment Appeals Tribunal (EAT) decided that the employment tribunal below had erred in law by focusing on…
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The High Court has partially dismissed a claim in passing off by a Cotswolds estate agent firm against a former partner's firm. The court also upheld the…
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The European Court of Justice has confirmed something that knowledgeable consumer rights lawyers have known for a while; a consumer who has not received…
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Warning: the case note below may be emotionally challenging for some readers. It contains references to sexual violence and domestic violence. Please…
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Legal documentation is essential for business security & success. Inc. business plans, partnership agteement, operating agreement, and more.
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Restrictive covenants for employees are contractual clauses (in Employment contracts) that may limit an employee's actions after leaving a job, such as…
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I was speaking at a conference recently and was asked a question. The company is a start up and cannot afford to pay national minimum wage to employees…
Read itI recently had a client call with the above question. This particularly client is on one of my fixed monthly subscription plans which mean they get access…
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Looking to buy a business but don't have the funds to make the purchase? This article offers tips and strategies for acquiring a business with little or no money down, from seeking out owner financing to exploring creative financing options like seller carry-backs or equity partnerships.
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This recent case demonstrates a £1,000,000 reason to have awesome terms and conditions in place and to perhaps review your current terms and conditions!…
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In this post, I will be discussing corporate law solicitors, their role, and whether you need one for your business. So, what is a corporate law…
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A Shareholders Agreement can be a crucial document for any business with multiple owners, helping to define rights and responsibilities, manage disputes, and provide clarity around decision-making. This article outlines seven key reasons why your business should have a Shareholders Agreement in place, from protecting minority shareholders to providing a roadmap for the sale of the business.
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In this blog post, I explore two key concepts that play a vital role in shaping successful business sales: cash-free/debt-free (CFDF) and "pound for…
Read itA Scottish sheriff's court has considered the extent to which the Data Protection Act and GDPR provides an exemption in respect of legal proceedings. The…
Read itAn employment tribunal has rejected a claim that a school chaplain suffered discrimination following a sermon he delivered in the school chapel. The…
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In Meaker v Cyxtera Technology UK Ltd [2023] EAT 17, the EAT held that a tribunal had been entitled to find that a letter had been sufficiently clear and…
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The Advertising Standards Agency has banned another green virtue signalling ad, this time from Lufthansa (as below). For background to advertising law see…
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In Drax Smart Generation Holdco Limited v Scottish Power Retail Holdings Limited [2023] EWHC 412 (Comm), the High Court considered whether to dismiss a buyer's…
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Yes, you can sell your business even if you still have a Bounce Back Loan (BBL). Contact Steven Mather, business solicitor, for advice.
Read itFind out why I don't tend to price match with other solicitors for business sales. And how my services compare (positively).
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To inform employees you're selling the business, explain your reason(s) for selling, and thank them for their hard work.
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It was discriminatory to force a woman to use a “gender neutral” toilet. Or so held an employment appeal tribunal recently (Earl Shilton Town Council v Ms…
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Copyrights and trademarks are both important tools in protecting your intellectual property, but knowing what you need can be confusing. Find out more here.
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One of the primary costs associated with selling a business is using solicitors to cover all legal aspects of the transaction. Find out if you should shop around and all about fixed fees.
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I recently had a couple of clients ask me about cross-option agreements. What they really needed was a shareholders agreement and its worth reading my…
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If you’re buying a business or selling a business, you must consider if you should buy the shares of the company comprising the business, or the assets of…
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Difference Between a Holding Company and a Subsidiary Company? There are some key differences between a holding company and a subsidiary company. Let’s…
Read itAre you looking to make redundancies in the recession? What about making just one person redundant? Well, you’ve still got to follow the full process or…
Read itThe Department for Work and Pensions (DWP) has published its proposed increases to several statutory benefit payments. The following rates will apply from…
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On 30 November 2022, the CMA announced the start of an investigation start of an investigation into whether the Emma Sleep GmbH group has misled consumers…
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On 5 December 2022, the government issued a response to its September 2021 consultation on flexible working, Making flexible working the default. The…
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Results from the The Legal Sector Workers United (LSWU) survey reported, “More than seven out of ten people working in the legal sector claim their job…
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A loan agreement is a crucial document to have if you are ever lending money whether to friends and family, or as a non-institutional lender as part of your business. We're expert loan agreement solictors.
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Sometimes businesses need to get rid of staff. The law says that after two years of working somewhere, an employee can only be dismissed for a fair…
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The High Court has struck out an unjust enrichment claim brought by an unsuccessful job applicant who claimed his advice had benefited the employer. The…
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In Little Miracles Ltd v Oliver, the court refused to make a final charging order against a defendant's interest in a property where a claimant was trying…
Read itThe Trade Marks (Amendment) Regulations 2022 have been debated in the House of Commons. The rules will amend section 56 of the Trade Marks Act 1994 to…
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In TP ICAP Ltd v NEX Group Ltd [2022] EWHC 2700 (Comm), the High Court declined to strike out breach of warranty claims under a share purchase agreement on the…
Read itOn 13 October 2022, the ECJ ruled on whether, under the Commercial Agents Directive (86/653/EC) (Directive), a sub-agent was entitled to a share of the…
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This blog will look at the question of ‘How do I issue new shares in my company’ but before we get there, let’s have a quick recap on shares. Shares in a…
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Firstly - What Are Aged Debts? Aged Debts, and debtors, are your customers and clients that owe you money, following the delivery of goods or services and…
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In Au Vodka Ltd v NE10 Vodka Ltd and another [2022] EWHC 2371 (Ch), the High Court rejected an application for an interim injunction in a passing off claim…
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In Braceurself Limited v NHS England [2022] EWHC 2348 (TCC), the Technology and Construction Court held that although NHS England had made a manifest error when…
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The Patents Court ( Shenzhen Carku Technology Co Ltd v The NOCO Company [2022] EWHC 2034 (Pat)) considered whether a complaint made to Amazon by the patent owner…
Read itSelling a business is one of the most important decisions you'll ever make. But if you don't know what you're doing, it could be disastrous. Don't let this happen to you!
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The Guardian recently reported recently reported on a case involving Amber Kotrri, owns House of Zana , which trades online and from a single concept…
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The Intellectual Property Enterprise Court has upheld a claim for passing off of a pop band name. It also held that the first defendant's trade mark for…
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NFTs are certificates of authenticity for virtual goods. This article discusses the overlap between NFTs and UK Intellectual Property law such as Copyright and Trademarks.
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A mortgage broker / financial consultant was fairly dismissed for failing to report a bankruptcy to his employers. This was despite there not being a condition of his employment contract which required him to disclose bankruptcy to his employer.
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Transgender rights are usurping others rights, at least when it comes to Employment Law, in what I’ve called for years the “Top Trumps” of Equality.…
Read itIn Pretoria v Blankney, the High Court concluded that a signed document titled "Heads of Terms of Proposed Agreement" did not create a legally binding…
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When seeking to terminate a contract, the innocent party must do so in a reasonable timeframe to ensure the right is not lost.
Read itSo, you’re thinking of starting your own business and need to take on staff? Or maybe you’ve been running your own business for some time. Find out more here.
Read itIf you have a business, you need a business continuity plan- a kind of contingency plan that explains what your business will do to survive if it’s ever exposed to significant disruption.
Read itUnderstanding how much a business is worth - and how it can be made more valuable - is of vital importance to anyone buying, selling or simply running a business.
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The Only Fools (the cushty) Dining Experience was held by a court to infringe the copyright of the original show’s scripts by using Del Boy’s words, mannerisms and such like.
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The High Court recently held that downloadable watch faces for the Samsung Galaxy Watch did infringe trademarks owned by various Swiss watch brands.
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We recently completed on the purchase of 100% of the shares in a limited company, which was a franchisee of a national lawn care franchise under the brand…
Read itAre two directors required to authorise the commencement of legal proceedings? Yes says the High Court. The High Court has considered whether one of two…
Read itYou need to write your website terms and conditions in a clear way. You need to be professional, but do not over-complicate things. Advice from Your Business Lawyer.
Read itThe Articles are a contract between the shareholders of a company and the company itself. They are a set of rules that dictate how the company should be run. Find out how to change them here.
Read itMany different models for a 4 day working week exist. But is it right for your business? Learn how to implement it with free business advice today.
Read itThe High Court has considered, in the context of a share purchase transaction, whether the beneficial owner of half the sale shares (B) was liable for…
Read itSimple ways to recognise and manage workplace stress. Learn the problems of your employees to handle their wellbeing and improve productivity.
Read itDo you need to write a business hybrid working policy? Key considerations for remote working employees to protect your business.
Read itThe UK trialling the four-day working week. Hybrid working. Flexible business working options include extra holidays. Is this a good thing?
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Back to back agreements are a legal contract used in subcontracting - unsure if you need one? Read this article to learn about back to back contracts .
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The Intellectual Property Enterprise Court (IPEC) has dismissed a claim for infringement of trade marks consisting of the words "fun time", brought by a…
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The Intellectual Property Enterprise Court (IPEC) has rejected a passing off claim by one former band member against another relating to the continuing…
Read itThinking about selling your business? Explore the pros and cons of MBOs (management buy outs) and get all the information you need to make the right decision.
Read itDiscover how to issue new business shares and remain compliant. Information about the forms for Companies House submission and issue shares correctly.
Read itEverything your business needs to know about employment law with new changes from April 2022. Keep your business compliant and up to date with rules.
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P&O Employee made redundant and now have a Settlement Agreement? P&O Settlement Agreement Solicitor on call to sign off your settlement today. Call 0116 3667 900.
Read itFind out how to handle redundancies for the first time in business. The right steps to ensure legal obligations in employment law.
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In this case study, we look at what an employer might do when an employee makes a costly mistake. Can an employee be dismissed for gross negligence? Can…
Read itIn this article, discover how to help your business to recover money you're owed. Get a solution that will handle the situation quickly and effectively to manage cashflow.
Read itAn independent legal certificate is a document used in a financing transaction where an individual is guaranteeing a loan. When a lender requires an individual to obtain independent legal advice, this is precedent to advancing the required funds.
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Background In Court Proceedings in England & Wales, if a Defendant considers the Claimant would not be able to pay the Defendants legal costs because the…
Read itHow and when you franchise your business depends on many factors which we will cover in this article. Discover why you need a franchise solicitor & how to protect your business network.
Read itWhen two or more business entities come together to form a new business entity, it is called a Joint Venture. Find out the difference between partnership and joint venture and learn about Joint Venture agreements.
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Update 4th February 2022 In light of "dramatic changes" (greater population protection and the reduced severity of Omicron compared with Delta) since the…
Read itWas a broadcaster able to terminate a contract and seek compensation because of the covid-19 pandemic?
Read itFind out why every business owner needs a business lawyer to protect intellectual property, draft contracts and ensure compliance at all times.
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In Pharmapac (UK) Ltd v HBS Healthcare Ltd [2022] EWHC 23 (Comm), the High Court held that a customer was entitled to terminate a contract for the supply of facemasks when the supplier failed to deliver on time. The court interpreted the time for delivery as of the essence, even though there was no formal contract and an email only referred to ‘weekly’ deliveries.
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Selling A Business: It’s all in the preparation At some point, you may want to sell your business - or you may be involved as a professional or advisor to…
Read itFind out how to protect your business from unfair employee dismissal claims. Specialist employment lawyers help you to check what's legal.
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Is an employer liable for personal injury caused by a ‘practical joke’ gone wrong? No, says the Court of Appeal in this case on vicarious liability.
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An equity partner of an accountancy practice was forced to become salaried at the age of 60, and lost out on £3m - was it age discrimination? In this interesting case, the Court ruled it was not.
Read itTrademarks provide essential legal protection from rivals attempting to steal your customers, and therefore it’s vital you take the time to protect your…
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This week alone we have read in the news that Next and Ocado are joining a growing list of employers who have decided not to pay sick pay to the great…
Read itWhat are employee rights? Employee rights are legal entitlement an employee has to have or do in the workplace to ensure fair treatment. However, these…
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The world of Public Procurement can be a tricky one. Procurement is a means by which a public body (say the NHS or a council) tender for certain works to…
Read itThe IP Enterprise Court has granted Nintendo Co Limited an injunction ordering six internet service providers (ISPs) to block access to two websites (the…
Read itDiscover what you can ask for in a employer's reference. Do you need to give or receive a reference? Your answers are here. Expert employment lawyer advice on business references.
Read itThe small claims court is a good place to settle minor financial grievances without enlisting expensive legal teams. But what happens in a small claims court? We’re here to tell you the how’s, why’s and what’s.
Read itIf your business contains just two partners, when your partner leaves your business, the partnership you have built will need to be terminated. Get professional advice.
Read itTo enable GPs to focus on the COVID-19 booster programme, the Government has brought in new temporary legislation which allows employees to self-certify…
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A question we're seeing a lot recently is along the lines: Is it legal for us to make it mandatory for all employees to take a lateral flow test twice a…
Read itThinking about selling your business? A specialist business lawyer guides you through the process so you and your assets are protected. Speak to experts today.
Read itThe terms Directors Service Contract and Directors Service Agreement are interchangeable. It is just another name for an employment contract (or service…
Read itThe First-tier Tribunal (FTT) has held that the IR35 intermediaries rules applied to a Dave Clark a now retired sports presenter providing services to Sky…
Read itAre you thinking of selling your shares to your co-shareholder? In this Article, we look at a couple of your options.
Read itA director who liquidates a company and then reuses that name without the Court’s permission can be personally liable for debts. Here’s a recent case on section 216 and how you can do it better.
Read itCan a buyer rely on disclosures made outside of a disclosure letter? And can a buyer bring a claim outside a contractual limitation period? A new Court of Appeal case discussed.
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Two new reports show that many employers continue to struggle to recruit and retain Black employees. That’s the headline. What it should probably read is…
Read itSo you’re looking to sell your business, but you aren’t really sure whether you need a lawyer, a solicitor, a barrister and if so, do you need a…
Read itIn this recent High Court case, the sellers had to repay £11m because of false warranties. Find out more and learn how to avoid such claims when selling your business.
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Burying a £225 cancellation charge in the small print of a contract was not effective… here’s why and what you should do with your T&Cs and contracts.
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New laws come into effect in October 2021 80% of businesses say they are under prepared for the changes ( Link ) Follows from the death of Natasha…
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A few months ago, I wrote a piece about whether we’d be looking at more permanent working from home situations. At the time, I refer to the Government’s…
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Giving shares to employees has long been a recognised way of incentivising key workers, particularly management and c-suite employees, and there are a…
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The European Court of Human RIghts has ruled that mandatory vaccination in the Czech Republic did infringe human rights, but that it was legitimate and proportionate because of the desire to protect the wider population from disease. We look at the case and how it might affect covid vaccinations in the UK.
Read itWhen a shareholder in a business dies, his or her shares will automatically pass to their estate - either under a Will or, if there is no will, under the…
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According to a number of outlets (but here’s a BBC Link ) Scarlett Johansson is suing Disney for breach of contract after it streamed the film Black Widow…
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The disclosure letter is a key document in any acquisition of the shares in, or the business and assets of, a private limited company. The letter is…
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If you are looking to retire and exit from your business, then the best solution is to sell your business. For many smaller SMEs this may not be possible…
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From 11 November 2021, all care home workers, and anyone entering a care home, will need to be fully vaccinated, unless they are exempt under the Health…
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Trade marks are easy like a Sunday morning, although less so if you’re the EasyGroup - the holding company which owns EasyJet and many other trademarks.…
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The Government Department for Business, Energy and Industry Strategy have today released a list of employers nationwide who have breached minimum wage…
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Over the last few weeks, we’ve seen a number of high profile stars of the sports world come out and express publicly their mental health challenges. We…
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Raising Finance For Buying A Business in Leicester - A guest blog by James Blacklaws of JB Commercial Finance Once you have made the decision to purchase…
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The media have picked up on a proposed Government consultation which would consider whether flexible working would become the default option unless there…
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Steven Mather Solicitor was recently instructed in respect of a Trade Mark Opposition that a client had received. Here’s the background, what happened and…
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UPDATED: 5th August 2021 The post below was originally written in June 2021. We now have the Judgment in from the High Court and Glebe Farm have been…
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The Court of Appeal has reiterated the principle that where a person signs a contract in their own name and with no qualification as to the capacity in…
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We’re told that Coronavirus CoVid-19 not only causes problems when you have it, but can cause a multitude of symptoms months later. Known as Long Covid…
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On Monday 26th April 2021 I’m doing a webinar live stream as it’s World Intellectual Property Day . It’s free and will be live-streamed to my Facebook and…
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M&S are suing Aldi over the Colin the Caterpillar Cake - here's a quick legal analysis from an expert trademark lawyer.
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The phrase “one more thing” has become almost synonymous with Steve Jobs, Apple’s founder, used at its product launches since 1998. And so when Swatch…
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On 18 March 2021, the ASA published a report entitled Influencer Ad Disclosure on Social Media , which sets out the findings of a three-week compliance…
Read itA study of over 5,000 employees carried out in late 2020 by research company Gartner has revealed that the COVID-19 pandemic has caused 29% of employees…
Read itOn 15 March 2021, the government published updated official statistics on the Coronavirus Job Retention Scheme (CJRS), revealing that the announcement of…
Read itFollowing last month's landmark Supreme Court ruling that its drivers are workers under UK employment legislation, Uber has announced that from 17 March…
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Government announces free workplace Covid testing for all employers who register before end of March.
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As you may have seen, Ryanair's Jab and Go Advert was recently banned by the ASA. The watchdog held that the advert was inaccurate and misleading. I…
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Ryanair's “Jab & Go” Advert has been ruled misleading and banned by the ASA following 2500 complaints - one of the most complained about ads last year.…
Read itWalt Disney has been quoted as saying: “I’ve heard there’s going to be a recession. I’ve decided not to participate”. I…
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On 19 January 2021, BEIS announced changes to the Prompt Payment Code, the voluntary code under which over 2,800 companies and public bodies have…
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If you've invested time and money in to developing a brand, then your business will usually want to ensure that no one else can copy the branding. You can…
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The founder of Pimlico Plumbers has said he plans to introduce a “no vaccine, no job” policy, compelling workers to be inoculated against the…
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On 31 December 2020, the Department for Business, Energy and Industrial Strategy (BEIS) published a list of 139 employers who had collectively failed to…
Read itA survey of 2,097 British businesses published by Acas has revealed that 37% of employers are likely to make redundancies over the next three months. 56%…
Read itWarning to Employers re Coronavirus and Self Isolation ⚠️ 🚨 It is now an offence for an employer knowingly to allow a worker who should be self isolating…
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On 15 September 2020, the High Court handed down judgment in the test case brought by the FCA seeking legal clarity on the meaning and effect of certain…
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No likelihood of confusion between footballer's "Messi" figurative mark and earlier MASSI mark The European Court of Justice has published a press release…
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I’m a fan of the Official Fantasy Premier League. Last year I had a shocker, but this year I’ve decided to create a Charity League. And so the new season…
Read itThis case was a simple trademark infringement and passing off case, which was won by the claimants. Although the judgement doesn’t say, I think I’ve…
Read itThe High Court has upheld claims that UK registered trade marks for "British Gymnastics, More than a sport" and "British Gymnastics" (RTMs), owned by the…
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For an intellectual property solicitor , this recent case of Performing Right Society Ltd v Qatar Airways Group from 17 July 2020 is an interesting one.…
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An employment tribunal has found that a hairdresser who worked under a consultancy agreement with a salon for five years was an employee. Ms Gorman…
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Challenging an Inheritance What is challenging a Will about? As a will dispute solicitor I'm frequently asked about what to do if one has been excluded or…
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This is a friendly reminder to all landlords and letting agents that the Tenant Fee ban is now in full force and effect. Landlords and their agents will…
Read itThis is a guest blog by my friends at PBC Business Recovery and Insolvency. Written by Gary Petitt . What is the outlook for the UK economy post lockdown?…
Read itThe old adage says that “cash is king”, and in difficult economic times it’s never more true. Indeed, it is such an issue that there’s a Government…
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A week or so ago, I wrote a blog post over on my site Settlement Agreement Solicitor entitled "British Airways to Make up to 12,000 Workers Redundant". In…
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What is and isn’t covered by business interruption insurance? Business Interruption Insurance is something at the forefront of small business owners minds…
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Employees and workers in the UK get a minimum of 5.6 weeks holiday. Taking holiday is important because it allows people to rest and keep physically and…
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App icon incorporating text "free prints" infringed figurative trade mark incorporating identical text and registered for photographic printing services…
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A Shareholders Agreement is an important document setting of the contract between individual or corporate shareholders. This article gives 8 reasons why you should give serious consideration to having a shareholders agreement no matter what size your business is. Or not!
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The Government has released three new guidance notes online…
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Given the rapid changes in the COVID-19 Coronavirus outbreak, it seems likely that companies may be asked/forced by the Government to accommodate home…
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Q: Do you have to pay sick pay if an Employee is off work because of Coronavirus? A: Unless they have received written notice to self-isolate, you do not need to pay employees SSP. However, your contract may require you to pay full pay.
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Misrepresentation refers to an statement by the seller which causes the buyer to enter into a contract. The statement must be untrue or misleading for it to be a misrepresentation and the buyer must have suffered loss.
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What is the difference between TM and R with Trademarks?
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On 6 February 2020 the ASA, jointly with the CMA, published a "new and improved" version of its Influencers' guide to making clear that ads are ads . The…
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In its Good Work Plan, published in December 2018, the government announced several changes to the scope of section 1 statements in relation to any person…
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The UK Government have signalled the intrdoduction of ‘Jack’s Law’ – new legal right to paid parental bereavement leave Parents who suffer the devastating loss of a child will be entitled to 2 weeks’ statutory leave.
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Summary You have six years from the date of breach of contract to issue a claim, subject to certain rules. This is called the Limitation Period. This…
Read itSummary How do you sue for breach of contract? First, consider what the contract is, then what the breach is, and finally what the loss/damage suffered…
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Dispute Resolution is the process of resolving disputes between two (or more) parties. A dispute can involve a variety of subject matters, such as…
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What is the difference between a solicitor and a barrister? This post answers all.
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Civil Litigation involves two or more parties in dispute, usually over money or land. This article explains more about litigation and what a litigation solicitor is.
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Here's a video of a presentation I delivered at Market Harborough Business Network. It covers my top legal tips for you and your business.…
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Legal Expenses Insurance, sometimes called Family Legal Protection, Legal Insurance, or Family Legal Expenses Insurance, is an insurance product that…
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StevenAI answers from this website. It gives general information rather than legal advice on your situation, and using it does not make me your solicitor.