We were instructed by our client, a leading distributor of industrial equipment, to advise on their proposed joint venture with a European manufacturing company. Working closely with our clients and their accountants, we prepared a summary of all of the documents that would be needed to achieve our client’s intentions, and in a document entitled […]
Read moreWe are instructed by this new company, formed to acquire a significant business, to prepare Articles of Association and a Shareholders Agreement for consideration by 19 investing shareholders, providing minority protection, good leaver/bad leaver provisions, drag along and tag along rights, permitted transfers, restrictions on transfer of shares and dividend policy all on the basis […]
Read moreOxfordshire-based Spratt Endicott Solicitors has added to its well established corporate and commercial practice with the appointment of Senior Associate James Macdonald.
Read moreAs a result of COVID-19, electronic completion of contracts is becoming more commonplce. This trends seems set to continue.
Read moreAs companies continue to adjust to COVID-19 and the new way of working, we consider the impact that this has on Director’s meetings.
Read moreFollowing the outbreak of Coronavirus, there are a number of regular day-to-day administrative business activities which will be impacted. Below are just some of the matters which business owners will need to consider. Companies House filings and registration of charges From 25 March 2020, Companies House has given companies the opportunity to apply for a […]
Read moreCoronavirus has had the effect of making some contracts impossible to perform, whether, for example, as a result of the Government’s new policies and guidelines or the pandemic’s impact on a supply chain. In these circumstances, both parties will need to have regard to their legal position. If the contract contains an express force majeure […]
Read moreThe shift towards internet shopping has generally been welcomed by consumers: it provides increased choice, convenience and the ability to compare prices. Many suppliers, however, are concerned that the substantial discounts offered by online sellers will result in a race to the bottom. Suppliers may, quite understandably, wish to control the prices at which their […]
Read moreLate payment can cause serious financial and administrative problems for businesses. New legislation requires certain large UK companies and limited liability partnerships (Businesses) to publish information on their payment practices, policies and performance for financial years beginning on or after 6 April 2017. Which Businesses are affected? A Business will be required to report for […]
Read moreThe Competition and Markets authority (CMA) is the body responsible for enforcement of competition law in the UK. In recent years the CMA has paid particular attention to anti-competitive behaviour in the area of online sales. In June, the CMA announced that it had issued a formal Statement of Objections to Ping Europe Limited alleging […]
Read moreTermination / Suspension The clauses relating to termination and suspension should be carefully crafted. For instance, after an examination of the background of the other company, a party may require a change of control clause, especially if control changes to a competitor. Similarly, as was seen in the article on employment, there will likely be […]
Read moreEmployees TUPE (as defined below) is a valuable part of almost every security contract as the seller will take on any employees previously engaged in the buyer’s security operation. Therefore, the seller will be careful to take steps to minimise its exposure to claims from the TUPE’d employees. Likewise, the buyer will want to remove […]
Read moreThe coming into force of the Modern Slavery Act has ensured that large swathes of the commercial world will be enlisted in the fight against slavery and trafficking as any company with a global turnover above £36 million will be required to produce a slavery and human trafficking statement for each financial year ending on […]
Read moreLiability Clauses Liability clauses are heavily negotiated in most contracts. Unfortunately, this is too often the case in security service contracts too. Although both parties are likely to have key sticking points – such as the seller ensuring its liability does not exceed its insurance, and the buyer ensuring that the various levels of liability […]
Read moreServices and the Price There are a number of considerations for the parties to be aware of when negotiating the clauses relating to the contract price and the provision of services. For instance, the seller must be careful how the services are described due to the potential insurance implications. Likewise the buyer will want to […]
Read moreThe Contract Process This is the first article in a series on the negotiation and management of security service contracts. As will become clear during the next 5 articles agreeing written contracts for security services is a difficult yet important process. The contracts deal with issues of high risk, are often for long terms and […]
Read moreIf you wish to charge your consumer customers extra for use of a telephone helpline or the provision of additional services, you will need to obtain their consent in advance. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) the rules apply to most contracts between traders and consumers. A consumer […]
Read more