The Battle of Names
The Battle of Names: AXA v AWT - High Court Upholds Company Names Tribunal Decision The High Court (a Senior Court of England and Wales) recently had to determine whether the Company Names Tribunal was right in its decision to…
Directors’ duties and obligations
The High Court recently considered directors’ duties and obligations when it comes to dealing with company assets post-liquidation. Although the case in question (Mitchell V Al Jaber 2023 EWHC 364) concerned the British Virgin Islands law, the decision was determined…
A warm welcome to Kirsty Simmonds – Partner and Head of Corporate
DFA Law are pleased to announce the appointment of Kirsty Simmonds who has joined the firm as a Partner and head of the Corporate and Commercial Department. Kirsty brings with her a wealth of experience in company law with considerable…
What is ‘Pre-Pack Administration’ ?
By John Keeble With businesses facing unprecedented challenges, company directors may need to consider administration using a “pre-pack”. This mechanism has been the subject of some controversy whilst remaining a very popular means of rescuing a financially distressed business. What…
What is wrongful trading?
By John Keeble If, in the course of an insolvent winding up or insolvent administration of a company, it appears that a person who is, or was, a director of the company knew or ought to have concluded at some…
Employee Disloyalty – A Well Drafted Contract Makes All the Difference!
Every sensible business owner is aware that today’s trusted employee may become tomorrow’s competitor. However, as a High Court ruling showed, with the right legal advice and professionally drafted employment contracts, powerful steps can be taken to discourage disloyalty. The…
Spent Money on Business Logos and Artwork? Get Trade Mark Protection!
Registering your original business logos and artwork as trade marks really is the only effective means of protecting them and reliably maintaining your brand. The point was clearly made by a High Court case in which a small sportswear company…
Writing Off a Loan to Your Own Company Can Have Tricky Tax Implications
Many entrepreneurs treat their companies as their babies, lending them their private money and, if necessary, writing off such debts when times are hard. In a case of interest to the business community, a tribunal has analysed the effect of…
Hospitality Sector Suppliers Beware
The squeeze on incomes which has been facing households for a number of years has led to severe problems in industries that depend on 'discretionary spending', such as the restaurant trade. A recent report by a large firm of chartered…
Former Healthcare Company CEO Fends Off Database Piracy Claim
Customer databases are the lifeblood of many businesses, taking a great deal of time and money to compile. They can, however, be pirated in a matter of seconds and, as one High Court case showed, that can give rise to…