Business Law

The government is introducing new powers to clamp down on directors who dissolve companies to avoid paying their liabilities. Rogue directors may be required to pay compensation to creditors. Carly Davies Debt Recovery Manager provides an update. The new legislation extends the Insolvency Service’s powers to investigate and disqualify company directors who abuse the company dissolution process. The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act will also help tackle directors…

A supplier has failed in its bid to use a force majeure event as a reason to avoid repaying a customer after it failed to fulfil a contract. Sam Lyon, Head of Corporate & Commercial, reports on this recent case. The issue arose after the two parties entered into a contract in February 2019 for the supply of sulphur diesel. In accordance with the contract, the buyer made a significant advance…

A forklift operator who was sacked for attending work after his son contracted Covid has won his claim of unfair dismissal. He said he believed his son was just faking symptoms. Joanne Stronach Head of Employment and HR reports on this recent case. David Lewis had worked for The Benriach Distillery Company for 23 years with a clean disciplinary and attendance record. In February 2021, his line manager learnt that Lewis’…

An architect and his firm face a negligence claim after a cinema was damaged by fire after he left a door open during an inspection. David Tew, Associate Solicitor reports on this recent case. The cinema belonged to Rushbond Plc. The architect worked for JS Design Partnership LLP. Together with an engineer and a quantity surveyor, he had carried out an inspection on behalf of a potential purchaser. He gained access…

It’s the start of a new year and with the new year comes opportunity as well as challenges. Two years on from the onset of the pandemic, we still find ourselves dealing with some restrictions. Arguably we are getting used to the different measures that have been and continue to be introduced and not having all our usual ‘freedoms’. But as business owners and managers it can be overwhelming to keep…

A sales executive who suffered from a delusional disorder has lost his claim of disability discrimination. The Court of Appeal upheld the Employment Tribunal’s decision that his condition did not amount to a disability under the Equality Act. Jennifer Cafferky Solicitor in our employment team reports on this recent case. The case involved Mr Sullivan, who had worked for Bury Street Capital Ltd since 2009. Following a relationship breakdown in 2013,…

An employee at a biscuit factory who threatened a colleague while in a diabetic rage has won his claim of unfair dismissal. Jennifer Cafferky Solicitor in our employment team reports on this recent case Mr Dytkowski began working for Brand FB’s biscuit factory in 2009. He was diagnosed with insulin-dependent diabetes in March 2018, which he described as a “difficult diagnosis to accept and manage”. Occupational Health staff helped Dytkowski adapt…

As we near the end of 2021, a time when many of us will reflect on another challenging year, we would like to share a message of hope and positivity for 2022. The UK economy is in good shape. Despite the doom and gloom in the news, there are many positive signs, including: We have the world’s 5th largest economy. We are the world’s 8th largest manufacturer; and We are…

A phone supplier has been told it cannot enforce a cancellation clause in a contract with a customer because the terms are “too onerous”. Sam Lyon Head of Corporate & Commercial reports on this recent case. The case involved Blu-Sky Solutions Ltd and Be Caring Ltd. Be Caring, a social care provider, had a contract for a mobile network service (MNS) to provide mobile telephone handsets for its staff. It was…

Implementing hybrid working models permanently will help businesses attract the most talented employees, a leading employment solicitor has claimed. Joanne Stronach, Head of Employment Law and HR at Cartmell Shepherd Solicitors, is recommending businesses retain flexible working patterns where possible in order to keep and recruit the best staff out there, following the success and popularity of working from home during the Covid-19 pandemic and subsequent lockdowns. As the Government’s…