Company and Commercial Law

The Court of Appeal has ruled against Rolls-Royce Motor Cars in a dispute over the interpretation of a liability cap in a software contract with German technology firm Topalsson GmbH. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team provides an update. The case arose after Rolls-Royce commissioned Topalsson in October 2019 to develop digital visualisation software for its car customisation service. The contract was terminated in April 2020 following…

The Supreme Court has ruled against a debtor who dispersed his assets at an undervalue while owing millions of pounds to his bank. The case involved El-Husseiny and another v Invest Bank PSC. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The judgment confirms that section 423 of the Insolvency Act 1986 applies even when assets are transferred through a company owned by the debtor, rather than directly…

A minority shareholder has lost his claim that he was treated unfairly when trying to sell his shares back to the company. Rob Winder Senior Associate Chartered Legal Executive in our Dispute Resolution team reports on this recent case. However, he had a partial success in that the court agreed that his shares may have been undervalued by the company’s auditor. The case revolves around Stuart Wells, a former director and 14.3% shareholder…

The government has announced that it will transform the housing sector by giving renters greater protection. Sam Fawcett in our Dispute Resolution team provides an update. No fault evictions will be banned, and tenants will be given more rights to challenge rent increases. The proposed changes will be implemented in the Renters’ Rights Bill, which was announced in the King’s Speech. The government’s accompanying notes to the speech outline the…

A dispute between Camelot lottery and one of its players has helped to clarify the validity of terms and conditions in online contracts, particularly when customers have ticked a box to confirm they have read them. Joseph Halvorsen, Apprentice Trainee Solicitor, reports on this recent case. The case involved Ms Joan Parker-Grennan, who opened an online National Lottery account in 2009. She ticked the box confirming that she had read…

There is light at the end of the long economic tunnel for Cumbrian businesses, says Sam Lyon, who leads the Corporate and Commercial team at Cartmell Shepherd Solicitors. Sam says businesses can still remain confident about the future despite the impact of coronavirus, Brexit and wider supply disruptions continuing to take their toll. His comments come following an economic outlook webinar, sponsored by the UK200Group, of which Cartmell Shepherd is…

A franchisor has been told by the High Court that its restraint of trade provisions in a franchise agreement were unenforceable.  Sam Lyon Head of Corporate & Commercial reports on this recent case. Dwyer (UK Franchising) operated an emergency plumbing and drainage franchise business. In September 2018, an individual trading as Fredbar entered into a 10-year franchise, which would be his sole source of income.  He had a mortgage on the family home…

A LEADING Cumbrian law firm is celebrating one of its client’s winning contracts worth more than £4million. Collaboration and joint ventures are becoming ever more prevalent for SMEs looking to combine their skills and expertise to bid for major industry contracts across a range of sectors. In order to meet the needs of those awarding the contracts and to make successful bids, specific legal frameworks often need to be set…

Family businesses are well-known for taking the long-term view, with business sustainability and the wider community impact being forefront in their development strategy. Increasingly, all business sectors are adopting a shifting mindset that considers a “triple bottom line” of people, planet and profit, moving away from the desire to simply make profit. We have all come across examples of businesses that make bold claims on their website about their purpose-driven…

Two businessmen have been told they are liable to repay a business loan even though the money was paid into their company’s account. Sam Lyon Head of Corporate & Commercial reports on this recent case. The businessmen owned the company, which was in financial difficulties. They asked an associate to lend them £50,000, without stating if the loan would be made to the company or them personally.  The loan agreement was drafted and…