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Cancellation fee not effectively incorporated into contract
Posted: 11th November 2021
The High Court has held that a supplier’s standard terms and conditions were incorporated by reference when the customer signed an electronic order form, but that an onerous and unfair cancellation fee could not be enforced against the customer as it was not effectively incorporated into the contract. In Blu-Sky Solutions Ltd v Be Caring […]
How to Effectively Use Restrictive Covenants in Commercial Contracts
Posted: 30th September 2021
A restrictive covenant in a commercial contract is a clause that is designed to stop one party to the agreement doing something that they would otherwise have been at liberty to do. There are many commercial reasons why your contracts should include carefully drafted restrictive covenants in order to protect your business. For example, they […]
The Stages of Buying a Business
Posted: 26th August 2021
Buying a business is an exciting time for any entrepreneur. However, it can also be a significant risk as more often than not you put either your money, or other personal assets, on the line and whilst with great risk can come great reward, this isn’t always the case. Once you have your team together, a target […]
Buying a Business: Acquisition Options and Considerations
Posted: 25th August 2021
Buying a business is an exciting time for any entrepreneur. However, it can also be a significant risk as more often than not you put either your money, or other personal assets, on the line and whilst with great risk can come great reward, this isn’t always the case. Before proceeding with your investment, you […]
Buying a Business: The Team
Posted: 17th August 2021
Buying a business is an exciting time for any entrepreneur. However, it can also be a significant risk as more often than not you put either your money, or other personal assets, on the line and whilst with great risk can come great reward, this isn’t always the case. Before proceeding with your investment, you […]
Insolvency: considerations for directors
Posted: 26th July 2021
Directors can potentially incur personal liability when the company they are a director of proceeds into an insolvency process. However, directors can take steps to protect themselves against potential personal liability. The below seeks to offer some outline points of note to directors where the company they are a director of faces insolvency. Duties as […]
A guide to due diligence for first time Sellers
Posted: 5th July 2021
There are two principle ways in which you can sell the business of a company limited by shares: by selling all of the shares in the company (a share sale); by selling the business of the company as a going concern (business sale). Either way, a buyer is subject to the maxim of caveat emptor […]
Lifting the Corporate Veil
Posted: 25th June 2021
When creating a limited liability company, you create a separate legal entity which can enter into contracts, purchase goods and render services. The company has its own legal personality and therefore responsibilities. When registering the company, a protection is provided to directors to preserve their personal assets. In other words, the directors of a company […]
Buying a Business in a pandemic – What questions should you be asking?
Posted: 17th June 2021
When buying a business, the purpose of due diligence is to enable a potential buyer to see the assets and liabilities that the business has and therefore what the potential buyer would be liable for if purchasing the business. Although Covid-19 hasn’t changed the purpose of a Due Diligence Questionnaire, it has made asking certain […]
3 ways to reduce your risk and maximise your return when buying a company
Posted: 14th June 2021
Buying a company is considered to be one of the highest risk-investments that you can make. However, there are certain steps that you can take to mitigate the risks of proceeding with your purchase:- 1. Undertake detailed due diligence I cannot stress the importance of due diligence enough. Buyer beware is a cliché for a […]
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