A guide to winding-up proceedings: How does the process work? A winding-up petition allows a company’s creditors to attempt to recover money owed to them by having the company’s assets sold, with the proceeds used to pay outstanding debts. It is a serious step and should only be undertaken as a last resort. A
The government consultation: Commercial property and rent arrears through the pandemic As legal restrictions on the recovery of commercial rent arrears continue, the government has launched a consultation on whether to extend, remove or replace the measures. During the pandemic, emergency legislation was put into place to protect commercial tenants who were struggling to
The 4 ways to legally terminate a contract: breach of contract, performance and agreement Disruption is common in the business world, with unforeseen events or difficulties meaning that contracts sometimes cease to be beneficial or even possible. We take a look at various ways in which a contract can possibly be legally terminated. If
Strategies for preventing shareholder disputes Shareholder disputes can be disruptive to a company, diverting management attention from the business and potentially damaging its reputation. Putting the right framework in place to avoid disputes will not only help prevent shareholders from being disgruntled but can also make a company a more attractive proposition should it
HMRC preferential status and the impact on personal guarantees The government’s reinstatement of HM Revenue & Customs (HMRC) to the position of a secondary preferential creditor in insolvent liquidations comes at a time when many businesses are being squeezed and cash flow is poor. Lenders may be more inclined to seek personal guarantees before
Wrongful or insolvent trading: Can directors be personally liable? Wrongful trading occurs when company directors continue to trade past the point when they knew or should have known that there was no reasonable prospect of avoiding insolvent liquidation and in addition they did not attempt to minimise potential loss to the company’s creditors at
The FCA and business insurance: Are Covid-19 interruptions covered? Following disputes and disagreement over whether business insurance companies were required to pay out on business interruption policies following the Covid-19 outbreak, the Supreme Court has made a ruling which will help many businesses make successful insurance claims. On 15 January 2021, the Supreme Court
The Legal Industry in 2021: Advice, guidance and representation The difficulties of 2020 forced the legal industry to adapt quickly to provide advice, guidance and representation to clients during lockdowns and commercial turmoil. We understand more about the changes in the legal industry in 2021. Lawyers have on the whole moved rapidly to adjust
Employment law: What changes should we expect in 2021 following the pandemic? Employment law changes following the pandemic and changes expected in 2021 As the New Year rolls around, the government’s Coronavirus Job Retention Scheme (CJRS) remains in force, with the possibility of the Job Support Scheme to follow on. Combined with other planned
Covid-19 debt recovery: How can I make a claim during the pandemic? While the government’s temporary rules seek to protect businesses during troubled times, curbing Covid-19 debt recovery measures is increasing the pressure on many. We take a look at the new legislation and at what options are available for those who are
Partnership disputes: How can I avoid a litigation case arising from a bad partnership agreement? A well-drafted agreement forms the basis of a strong partnership. By clearly setting out the rights and responsibilities of each partner, partnership disputes can often be avoided. When a new partnership is set up, sometimes the partnership agreement is
Launching a new business in the UK: What do I need to know before I get started? Notwithstanding the current difficult climate caused by covid 19, new businesses continue to be formed. Creating a new enterprise is exciting but the list of considerations before launch day is long. At Lincoln & Rowe we work
Lockdown tensions: Settling ongoing neighbour disputes during the pandemic With many of us spending substantially more time at home, what were seemingly minor problems with neighbours might start becoming more of an issue than they were before. Neighbour disputes can arise from behaviour that we have previously ignored or not had time to address
The recession, Covid-19 & the effects on UK employment: Will redundancy rates increase when the furlough scheme ends? With the recession caused by the pandemic reducing UK economic output by a quarter, redundancy figures are soaring. Numbers for the three months to 31 May showed the fastest increase in quarterly job losses since the
Key issues for landlords and tenants in the UK in light of the Coronavirus Act 2020 A ban on residential evictions in England and Wales was put in place at the beginning of the Covid-19 pandemic, extended until 20 September 2020. When the courts begin hearing eviction cases again, the most serious cases will
