What are the different types of misrepresentation?
What are the different types of misrepresentation? When entering into a business contract, a variety of statements are usually made setting out the details and background of the deal. If someone enters into a contract in reliance on a statement that later turns out to be untrue, this is misrepresentation. The false statement does not need to be in a formal written document, it can be information given in a conversation, meeting or sales pitch. If misrepresentation can
HMRC preferential status and the impact on personal guarantees
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 releasing new funding, which could have the effect of slowing or stopping growth as directors hesitate to risk personal assets. Those creditors holding personal
Wrongful or insolvent trading: Can company directors be personally liable?
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 every step. It is an offence under section 214 of the Insolvency Act 1986, with the possibility of directors being made personally liable for
The FCA and business insurance: Are Covid-19 interruptions covered?
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 gave its verdict in the business insurance interruption test case arising from the pandemic, Financial Conduct Authority v Arch Insurance UK) Ltd and others
Minority shareholder disputes: What are your rights?
Minority shareholder disputes: What are your rights? While minority shareholders have limited powers under the terms of the Companies Act 2006, a dispute can cause substantial disruption to a company if it is not dealt with promptly. Disagreements can arise when shareholders object to a certain course of action, when they believe that directors are overstepping their authority or where they simply feel that their views are not being taken into account. Failure to address the situation will
The Legal Industry in 2021: Advice, guidance and representation
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 their way of working to make sure they are able to support clients, whose need has become greater in a number of key areas
A guide to remedies for breach of contract: Disputes, resolutions and damages
A guide to remedies for breach of contract When one party to a contract fails to fulfil their obligations under it, it's classed as a breach of contract. Where the other party suffers a loss because of this, they are entitled to ask for a remedy. Before taking action against breach of contract, it is important to ensure that you fully understand the legal position that you find yourself in. If the contract has not ended, you could
Employment law: What changes should we expect in 2021 following the pandemic?
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 legislative changes, employers will have plenty of new rules in employment law to deal with in 2021. Other major new rules include a change