Business Law blog
Wednesday 24th February 2021
On 15 January 2021, the Supreme Court handed down judgment in the appeal case Financial Conduct Authority (FCA) v Arch Insurance (UK) Ltd and others , substantially allowing the FCA’s appeal in ruling that the insurance companies should pay out on the relevant coronavirus business interruption claims, altogether worth an estimated £1.2 billion.
This decision is positive news...
Thursday 7th January 2021
Further to the Prime Minister’s announcement on 4 January 2021, declaring another national lockdown, Chancellor Rishi Sunak has announced “top-up” grants for retail, hospitality and leisure businesses adversely impacted by the new lockdown, with the proposal expected to cost £4.6 billion and benefit over 600,000 businesses.
Who is the grant available to and how much is...
Tuesday 22nd December 2020
We published an article on 22 May 2020, detailing the effect of the Corporate Insolvency and Governance Bill which was designed to provide greater protection for businesses during the pandemic.
The Bill came into force on 26 June 2020 and became the Corporate Insolvency and Governance Act 2020. We described the central aspects of the Act in our earlier article which can be summarised as...
Thursday 10th December 2020
In an effort to revive and reenergise the declining footfall throughout high streets and town centres, the government has introduced new use classes and permitted development rights (‘PDRs’) as part of an initiative titled ‘Project Speed’. These changes have been designed to reduce the ‘red tape’ and unnecessary bureaucracy facing commercial property owners...
Monday 30th November 2020
As a result of the COVID-19 pandemic, the government brought in restrictions to try to slow the spread of the virus, which included the mandatory closure of many businesses, including much of the hospitality industry.
Given the financial losses caused by such closures, many businesses sought to claim from their business interruption insurance. However, many insurers took the stance that these...
Friday 23rd October 2020
In a bid to support economic recovery, the government announced on 22 October 2020, that businesses in high or very high alert coronavirus areas (tier 2 and tier 3) could be eligible for additional cash grants with an estimated 150,000 businesses in the hospitality and leisure sector set to benefit from the proposal.
This announcement comes after the recent “tier system” was...
Friday 9th October 2020
On 18 September 2020, the government published their full response to the 2019 Corporate Transparency and Register Reform Consultation. The report details reform proposals to increase corporate transparency in the UK and give businesses and individuals’ greater confidence when entering transactions with companies by increasing the reliability of the data showing who owns a corporate...
Wednesday 2nd September 2020
In recognising the impact that the coronavirus pandemic has had on businesses, Companies House introduced easement measures in April 2020 to relieve companies of filing and administrative burdens. One of the temporary measures suspended the compulsory strike off process.
However, from 10 October 2020, Companies House will resume the compulsory strike off process where they believe a company is...
Monday 24th August 2020
In addressing the detrimental impact that the coronavirus pandemic has had on businesses, the first stage of the SEISS paid out £7.8 billion benefitting over 2.7 million people who were self-employed or in business partnerships. Applications for the first stage closed on 13th July 2020.
On 17th August 2020, the second stage of the scheme opened and is available to claim until 19th...
Tuesday 11th August 2020
Any person may inspect and require a copy of a company’s register of members if they submit a request which, among other things, states the purpose for which the information is to be used. Usually, such a request would be made by a member of the company free of charge, but a non-member can also make such a request and would have to pay a prescribed fee to the company.
This right to...
Thursday 18th June 2020
In addition to the various government schemes to protect existing businesses, employees and the self-employed during the coronavirus pandemic, the government has created a new loan scheme to support new ventures: the Future Fund. The Future Fund allows start-ups reliant on equity investment to obtain funding that they may not be able to achieve via a convertible loan from the government.
Friday 22nd May 2020
On 20 May 2020, the Corporate Insolvency and Governance Bill (the “Bill”) was introduced to Parliament. The aim of this Bill is to protect viable businesses from collapse during the COVID-19 outbreak.
The Bill intends to lift regulatory requirements of company meetings and filing requirements between 26 March 2020 and 30 September 2020. There will be more...
Wednesday 6th May 2020
On 27 April 2020, the UK government announced that, between 4 May 2020 and 4 November 2020, UK-based businesses which have been negatively affected by coronavirus will be able to apply for a loan of up to 25% of their annual turnover, with a minimum loan of £2,000 and a maximum loan of £50,000, under the Bounce Back Loan Scheme (BBLS).
Loans will be repayable over a maximum...
Wednesday 29th April 2020
The unprecedented disruption caused by the coronavirus (COVID-19) pandemic is putting more pressure on commercial tenants than ever before as they are left with decimated income streams and a continuing obligation to pay rent. In a move to protect high street retailers and other companies, the UK government has introduced temporary new measures to prevent heavy-handed commercial landlords...
Tuesday 21st April 2020
As the government restrictions on business operation and social interaction get renewed for a further period of at least three weeks, with many experts warning it may last significantly longer, we consider whether COVID-19 is likely to engage the legal concepts of ‘frustration’ and ‘supervening illegality’ in the context of property contracts in England and Wales.
Friday 17th April 2020
Last updated: 17 April 2020
Please note, the following information has been prepared from the latest HMLR update on 16 April 2020 and replaces our earlier update on 31 March 2020, but may still be subject to change. For the latest information direct from HMLR, please click here.
The Land Registry has announced that their essential property transaction services, such as index map...
Thursday 9th April 2020
To help survive the challenging trading environment, two sources of funds which businesses may wish to consider are the Coronavirus Business Interruption Loan Scheme (CBILS) and business interruption insurance.
Business Interruption Loans
Businesses in need of short term cash flow support as a result of the Coronavirus, may be able to apply for a Coronavirus Business Interruption Loan,...
Tuesday 7th April 2020
Like most companies, Companies House has taken relevant actions to protect the welfare of their employees and is complying with the guidelines advised by Public Health England. As a result, Companies House is reporting that it may not be able to process paper filing of documents as quickly as usual.
To ensure your company’s annual accounts are filed on time, Companies House is...
Monday 6th April 2020
The Coronavirus has caused many businesses to suffer significant declines in cashflow owing to mandatory closures, a cautious market and marooned workforce. Many management teams may feel that they should ‘fight through’, incurring debts and paying outgoings to enable their company to weather the crisis, but may be wary of potential wrongful trading liability. However, the...
Monday 6th April 2020
Getting your business ready for sale is a daunting prospect. Unless you have sold one before, you may not know what to expect. Luckily, there are steps you can take to ensure that you set off on the right foot for a streamlined sale process, with minimal stress and delay.
Getting documents in order is an inevitable task for business owners. At no time is this more important than in...
Monday 6th April 2020
On 9 January 2020, the Law Commission, further to their 2016 consultation, published their report on options to reduce premiums payable by flat owners (“tenants”) to their landlords to extend the term of their lease or buy their freehold interest.
The report discusses three potential reform options which centre upon how premiums are calculated with the overarching focus being to...
Friday 27th March 2020
Following the outbreak of COVID-19, the majority of business premises, including registered offices, are now closed and a large proportion of employees are working from home. This raises two obvious questions; what if I wish to serve a document on a third party? And, what if a document is sent to a vacant office?
These questions can be relevant in a number of contexts; most obviously court...
Friday 27th March 2020
In light of the dramatic events of the last few weeks, many companies will find themselves in a position where they are no longer able to perform contracts or alternatively have counterparties claiming they are in that position. If you find yourself on either side of that situation you should check your contract for the existence of a force majeure clause.
What is a force majeure clause?
Friday 27th March 2020
As the unprecedented disruption to normal life created by the recent government lockdown on vast swathes of the high street and many other forms of commercial property continues unabated, landlords and tenants are faced with difficult decisions to make in respect of their lease obligations, and in particular the payment of rent and other charges under their leases, while tenants are unable to...
Wednesday 27th November 2019
Promoting your product or service through advertising is an important part of any business, whether that be done via traditional methods, such as newspapers, magazines or on the radio or via relatively modern methods, such as by using social media channels like Facebook, Instagram or Twitter. Whichever way you choose to do it for your business, it is important to get it right for so many...
Tuesday 17th September 2019
Though perhaps not reflecting the views of millions of people up and down the country, in the property world at least, the High Court has held that Brexit is not a frustrating event.
In Canary Wharf (BP4) 1 Limited and Others v European Medicines Agency  EWHC 335 (Ch), the European Medicines Agency (“EMA”) sought a declaration from the court that Brexit would frustrate its 25...
Tuesday 19th March 2019
Starting a business or running an existing one can be overwhelming and we understand why you might be reluctant to pile more onto your plate. However, having a Shareholders’ Agreement in place is one addition that is worth it in the long run, both financially and emotionally!
What is it?
A Shareholders’ Agreement sets out the various rights and obligations of the shareholders,...
Wednesday 29th August 2018
Any landlord who seeks to dispose of their property interest in mixed use or residential blocks must first consider whether they need to serve a section 5 notice on the leaseholders. This is because the Landlord and Tenant Act 1987 (the ‘Act’) grants certain leaseholders a right of first refusal (‘RFR’) over certain disposals by the landlord. The effect of the Act is...
Wednesday 29th August 2018
Many a lady would go head over heels for a pair of Christian Louboutin shoes. The signature patent-red soles are synonymous with success, wealth and power; an unmistakeable design in the
eyes of the consumer and now, the law.
The European Court of Justice (“ECJ”) has recently ruled in favour of the luxury footwear designer in the case of Christian Louboutin and...
Wednesday 18th July 2018
Leasing out rooftop areas and unused land to electronic communications operators may seem an attractive option for landowners, providing them with a regular source of income for formerly unoccupied space.
However, the Digital Economy Act 2017 introduced a replacement Code into the Communications Act 2003 which is a statutory regime applying to new leases created on...
Friday 18th May 2018
The EU’s General Data Protection Regulation (GDPR) has been described as the biggest change to data protection law for a generation. However, it is an evolution rather than a revolution. Many of its principles are much the same as those in the Data Protection Act (DPA). Clients who already have an effective data governance programme for complying with the DPA are likely to be...
Thursday 14th December 2017
Blue v Ashley  EWHC 1928
A recent High Court case between Sports Direct boss Mike Ashley and a former Sports Direct consultant has confirmed the fundamental need for intention in the formation of a contract, while also highlighting the litigation risk inherent in oral agreements.
In January 2013, Mr Ashley sat in the Horse and Groom pub in central London with a number of...
Thursday 3rd August 2017
Part 21A and Schedule 1A to the Companies Act 2006 (CA 2006) came into force on 6 April 2016 with a view to increasing the transparency of who owns and controls companies in the UK. Most companies and LLPs registered in England and Wales have been required to produce, keep and maintain a dedicated register of people with significant control (PSC) over that company (a PSC register). However,...
Wednesday 14th December 2016
TWM acted for Brydg Capital Limited, and its syndicated participants, in relation to a short term loan to a commercial premises in Mayfair.
The loan, a £1.5m bridge, was to a Delaware (US) registered company which had to be underwritten alongside the property as security. The property was split commercial and residential with planning for whole residential use, but is currently subject...
Tuesday 13th December 2016
TWM Solicitors has recently acted for the shareholders of Darenth Valley Golf on its sale. TWM provided an integrated range of advisory services to Darenth Valley Golf, advising on the company and business law aspects of the sale and also providing advice in relation to the land owned by the company.
The 18 hole, par 72, parkland course in Kent was founded in 1973 by Michael Cross, and had...
Monday 12th December 2016
TWM Solicitors has recently acted for Tindle Newspapers Ltd in relation to the acquisition of the entire issued share capital of Isle of Man Newspapers Ltd, a company incorporated in and trading in the Isle of Man, from Johnston Press plc. The deal worth £4.25m includes three titles - the Isle of Man Examiner, the Isle of Man Courier, and Manx Independent, as well as the...
Friday 1st July 2016
TWM Solicitors has recently acted for Sven Christiansen plc with regards to the restructuring of its business, including the sale of 50 per cent of the issued share capital of the Company, buyback of shares and the subsequent creation of the Sven Group.
Sven Christiansen, which was founded in 1974, is a British manufacturer of office furniture. Headquartered in Guildford and with a factory in...
Tuesday 26th April 2016
TWM Solicitors have recently acted for the shareholders of Easy Convey Ltd with regards to the sale of 51 per cent of the issued share capital to OneMove Technologies Inc.
Easy Convey Ltd, which was founded in 2000, has established itself as an electronic conveyancing specialist providing a comprehensive case management solution for conveyancers in England and Wales. During 2015, their...
Wednesday 23rd March 2016
South east law firm TWM Solicitors has advised the renowned British sports car manufacturer TVR on the investment by the Welsh Government in the company as part of the initial arrangements for its new production facility to be located in Ebbw Vale, South Wales. The deal sees the Welsh Government take an equity stake in TVR, with production of the new car set to commence next year.
Friday 26th February 2016
Leading south east law firm TWM Solicitors has advised the shareholders of London & Surrey Property Holdings Ltd on its sale to Channel Islands Stock Exchange listed Glenstone Property.
The merger will give both parties a larger and more diverse portfolio. While Glenstone has mainly invested in retail, London & Surrey owns a range of commercial and residential properties, centred...
Tuesday 16th February 2016
What is it?
The Small Business, Enterprise and Employment Act 2015 (the Act) has amended companies and Limited Liability Partnerships’ (LLP) obligations under the Companies Act 2006 by adding the requirement to keep a register of ‘people with significant control’ (PSC’s). This requirement will come into force from 6 April 2016.
What are companies required to do?
Thursday 6th August 2015
Last month, HMRC published two discussion documents which will be of widespread interest to employers and employees or contractors alike. The first, published on 17th July 2015, concerns what is commonly known as IR35. The second, published a week later, concerns the taxation of payments made on termination of employment.
The IR35 legislation was first introduced in 2000 to tackle the...
Tuesday 18th November 2014
The Small Business, Enterprise and Employment Bill is currently making its way through Parliament, and the Government intending to pass the Bill into law in 2015. The Bill is intended to reduce the barriers that currently hamper the ability of small businesses to innovate, grow and compete and of particular relevance to UK companies are the provisions dealing with the transparency...
Friday 14th November 2014
TWM partner, Peter Stevens contributed an article to New Law Journal which first appeared on 31 October 2014. The article concerned a recent ruling by the ECJ that limits the scope of subject access requests.
To download a copy of the article, click New Law Journal article
Tuesday 4th November 2014
As you may remember from our June 2014 Employment Bulletin there has recently been some uncertainty with respect to whether holiday pay can comprise of basic salary alone or whether overtime and commission should also be included.
These issues have far reaching consequences as they could mean that employers will need to increase the amount of holiday pay paid to...
Thursday 13th February 2014
Businesses that supply goods, facilities or services to the public will need to be made aware of a recent Supreme Court decision concerning their obligations under anti-discrimination legislation. The court held that hotel owners who refused a double room to a gay couple in a civil partnership, on religious grounds, had directly discriminated...
Thursday 9th January 2014
Listed below is a summary of the major business and legislative development taking effect in the year ahead
Early in year
Banking Reform Bill expected to receive Royal Assent
New TUPE regulations come into force. For details, visit New TUPE Regulations
Consultation on zero hours contracts (Code of Practice and banning...
Monday 23rd December 2013
On 13th December 2013, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 were passed. The Regulations make a number of important changes to the rules governing business to consumer (B2C) contracts made by mail order, internet, telephone or fax, or anywhere else away from the trader’s premises,...
Monday 25th November 2013
The High Court has partially upheld an application for summary judgment against a senior employee who tried to transplant his employer's business to a competitor. His plan included taking over the employer's premises, incorporating a company with a similar name and facilitating the recruitment by the competitor of a substantial section of the employer's workforce. Despite the absence of any...
Tuesday 8th October 2013
Why monitor third-party use of social media?
It is sensible to look for potentially damaging comments about a company and/or its products or services, plus any infringement of the company’s intellectual property.
Social media monitoring can also be an effective customer service tool, for example allowing you to respond to disgruntled customers.
Issues to consider when designing a...
Tuesday 10th September 2013
Peter Stevens, a Partner in our Business Law Department, recently took part in an interesting virtual round table discussion on International Joint Ventures.
To visit the discussion please click here http://goo.gl/UmDEUN
Thursday 25th July 2013
This business briefing sets out how a business can comply with its obligations under consumer protection legislation.
Unfair commercial practices
Consumer protection legislation provides a general prohibition on unfair commercial practices.
Misleading acts or omissions
A business must not mislead consumers through acts or omissions. For example:
- A business falsely tells a consumer their...
Wednesday 24th July 2013
Towards the end of this year, 46 sales agents across the UK will offer the BMW i range of revolutionary electric cars. Each will have specialist technical capabilities allowing them to carry out repairs to the vehicles’ high voltage batteries. A wider service network is planned to offer extended coverage for the general service, maintenance and repair of BMW...
Thursday 25th April 2013
The Government's insistence on forcing through the Employer Shareholder Scheme (first referred to in our December blog) -against the opposition of all who have read and understand the proposal- is beginning to resemble a Whitehall farce. To placate the House of Lords who have consistently thrown the proposal out the Government have had to make the following...
Monday 28th January 2013
The Director of Public Prosecutions (DPP) has issued interim guidelines for use by the Criminal Prosecution Service (CPS) when considering whether to bring charges in cases involving communications sent via social media such as Facebook and Twitter (including instances of re-sending and re-tweeting).
The guidance, which has immediate effect, sets out four different types of communicated...
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