Category Archives: Company and Commercial

Owner Not the Same as Member, Rules Court

Who can challenge a company’s decision that has been improperly made? This question was the subject of a court hearing recently, when the owners of the ‘ultimate economic interest’ in shares in a company sought to overturn a decision the … Continue reading →

Fair Comment Still Comes at a Cost

When a businessman voiced his opinion on planning matters by joining a planning action group which opposed the construction of two biomass power plants, he did not expect his past business record to become the subject of debate. However, a … Continue reading →

Unreasonable redundancy selection procedures

An EAT decision provides a reminder to all employers that any departure from the conventional approach to selection criteria during a redundancy exercise must be treated with caution. The EAT found that an employer had acted unreasonably when it used … Continue reading →

Unfair dismissal and the Acas code

Employers will welcome an Employment Appeal Tribunal (EAT) decision that provides further guidance on how the tribunal will apply the procedural requirements of the Acas Code in unfair dismissal cases. The EAT held that an employer’s decision to dismiss was … Continue reading →

Unfair terms in consumer contracts

The High Court has clarified that where a consumer has a business purpose as well as a private purpose, the consumer can only fall within the Unfair Terms in Consumer Contracts Regulations (SI 1999/2083) (UTCCRs) if those business purposes are … Continue reading →

Should I Take On a Franchise?

There are many potential benefits of buying a franchise, such as having access to well-established business and accounting systems, centralised marketing and a proven business model. Being part of a well-known national brand also has an appeal for many businesspeople. … Continue reading →

Pre-Pack Owner Fails to Secure Lease

Insolvent tenants can be a major headache for landlords. For example, when a corporate tenant goes into administration, the landlord needs to obtain the consent of the administrator, or of the court, to forfeit the lease. This is because administration … Continue reading →

Trade Mark Infringement

A recent ECJ ruling will provide welcome news to trade mark proprietors. The ruling confirms that trade mark proprietors who consider that a third party’s use of a later-registered trade mark is an infringement of their own mark can potentially … Continue reading →

Accounting Error Leads to Damages for Buyers

A case has been decided which arose because accounting errors were made by a company which was bought by another company. Some of the management of the company which was sold invested in the buying company, so that the eventual … Continue reading →

Contract negotiations: key issues

Two recent cases highlight the importance for businesses of taking care when negotiating and drafting contracts. In the first, the Court of Appeal held that losses caused by a breach of contract and arising out of a fall in property … Continue reading →

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