Archived Legal Articles from 2019

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Ineffective notice renders SPA tax claim out of time


The following case serves an important reminder of strict compliance with contractual notice provisions and the significant repercussions of failing to draft them accurately. Stobart Group Limited and another v William Stobart and another (2019) In March 2008, Stobart Group Limited (SGL)…

Agreement to agree: Court of Appeal rules SPA earn-out unenforceable


The following case serves as an important reminder of the importance of providing certainty within agreements and displays the perils of leaving the option to agree terms at a later date. Morris v Swanton Care & Community Limited (2018) In November 2009, Mr Morris (Claimant) and his…

Share Buybacks - Proceed with caution!


An in-specie contribution is a viable alternative to transferring cash into a pension scheme, and can include assets such as property or shares. Dangers can arise where the shares held in the pension scheme are bought back by the company for cash. Private limited companies can make use of a…

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Electronic Signatures: the new form of signing?


Both the Electronic Communication Act 2000, which defines electronic signatures and its authentication, and the EU Regulation elDAS (Electronic Identification, Authentication and Trust Services), which seeks to standardise the use of electronic signatures, appreciate the rapid development of the digital…

'Fire sales' - the pros and cons of buying out of administration


The financial gains to be made from buying a business out of administration can be significant. However, the potential risks involved can also be just as great. For this reason, it's vital that potential buyers consider the benefits and pitfalls of undergoing such process and take advice from…

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The Importance of Due Diligence


When purchasing a business, whether it is a purchase of its share capital or its assets and liabilities, the buyer of the business will often undertake due diligence (the level of which varies dependent upon the size of the undertaking, the terms of the deal and the level of pre-existing knowledge by…

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Changes to Entrepreneurs Relief


In the lead up to the Budget Statement at the end of October 2018, the Chancellor announced that changes to Entrepreneurs Relief ('ER') would be introduced in the New Year. ER is a relief applied on the sale of certain business assets or shares where Capital Gains Tax is charged at a reduced…

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What can SME's do to prepare for Brexit?


With the Brexit deadline imminently approaching, how can you prepare your business for Brexit? This is a challenge facing every SME based in the UK that either sells internationally, has an international supply chain or relies on international workforce. SME's employ over 15 million people and…

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