The sixth edition of our Agricultural Newsletter is now live
November 14th 2022“You couldn’t write it, could you? If you had said 12 months ago that we would be on our third Prime Minister in 2 months, with inflation in double-digits and interest rates rising fast, few would have believed you. But here we are. For farmers, the transition to ELMS and SFI is still unsettled. The window to apply for the lump sum exit scheme has closed, with a reported several…
Cost of creditor bankruptcy and liquidation deposits rise
November 10th 2022The Insolvency Service has increased the cost of deposits paid to initiate creditor bankruptcies and compulsory liquidations. Carly Davies, our Debt Control Manager reports. The petition deposit, the amount that needs to be paid up-front to seek an order, has increased in all cases where a petition is filed at court after 1 November 2022. There will be no change to the adjudicator petition deposit where the individual applies for their own…
Legal firm’s agriculture team among best in country
October 21st 2022A LAW firm is celebrating after its agriculture team won national recognition for its services. Cartmell Shepherd Solicitors’ Agriculture and Estates department has been named as one of the best in the country by a top UK legal guide. It is the third consecutive year that the team has been ranked in the top tier of legal firms in The Chambers UK Legal Guide. The Agriculture and Estates team, which…
Franchisor’s restraint of trade covenant held to be unenforceable
September 22nd 2022A 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…
Tenant not liable after sub-tenant unlawfully evicted by landlord
September 20th 2022The High Court has overturned a decision that a tenant was liable to pay damages to his sub-tenant after she was unlawfully evicted by the property owner. Natalie Tatton, Solicitor in our dispute team provides an update. Mr Brem rented a hairdressing salon from the property owner Mr Marchant, with the agreement that he could also make use of the flat upstairs. Brem sub-let the flat to a member of his salon staff,…
Leading solicitors helps lay alliance’s legal foundations for £4m contract wins
September 9th 2022A 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…
Sharp rise in number of firms facing insolvency and financial distress
September 5th 2022The number of firms going out of business or facing serious financial distress has risen sharply this year, according to the latest figures. Carly Davies, our Debt Control Manager reports. The Insolvency Service says there were 5,629 corporate insolvencies in Q2, an increase of 12.7% compared to Q1’s figures of 4,995, and an increase of 81.3% compared to Q2 2021 (3,105). Meanwhile, the Red Flag Alert produced by the recovery, financial advisory,…
A step beyond – how family businesses can legalise their values and purpose
August 11th 2022Family 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…
Marketing firm’s post-termination covenant ruled unreasonable
August 8th 2022A marketing company has been told that the post-termination covenant in a contract with one of its former suppliers was not enforceable because it prevented fair competition. Mark Aspin Director and Head of Dispute Resolution reports on this recent case. The case involved Mr Lambert, who ran his own business, and Credico Marketing Ltd. Credico operated by entering into trading agreements with independent sales advisers or the company they represented, and those…
Businessmen must personally honour company’s loan repayment
August 4th 2022Two 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…
