The growing business

Do deeds have to be executed under seal?

17/12/18 If you want to enter into a contract with someone, each side needs to give the other what is known as 'consideration'. You can't get something for nothing. The law is a bit silly here and it's largely a formality, as the value of the 'consideration' is irrelevant. That's why lots of contracts say...

Seasonal warning about Christmas parties

17/12/19 Employers can be held liable for unlawful things done by their staff if these take place in the course of their employment.  This can include work-related social events out of office and after hours, particularly if they are organised by the employer. But what about post-party incidents?

 I overpaid because you lied to me

Nov 2018 I’m not into football much myself but this recent Court of Appeal case relating to the sale of Nottingham Forest FC raises interesting non-football-related legal issues about how sellers can try to wriggle free from being liable for making lies which persuade buyers to buy.

What has good faith to do with a legal business contract?

28/6/18 English law has traditionally favoured the ability of businesspeople to negotiate whatever contracts they want in pursuance of their commercial interests, even if they manage to get the wording of the contract done in such a way as allows them to shaft the other guy. The argument is that it is better to have a contract which gives commercial certainty even if it might be unfair or has loopholes which can be abused...

The importance of checking your contracts

12/6/18 3 related articles here...Whilst it’s nice to be able to put a written business contract away in a drawer once it’s been negotiated and signed, a few recent cases highlight the importance of making sure you carefully read and follow any procedures they may provide for.

Pre-packs – administrators’ duties

March 2018 IP nicks phoenix fee: If you know you have a potential conflict of interest you should try all the harder not to be adversely influenced by it. When marking team squash matches I tend as a result to give more decisions in favour of the opposition. Playing a cricket match I once in my stint as umpire gave a hat-trick (nearly) of LBW decisions against my teammates. The last of them was a close combat instructor for the marines who gave me the 1,000 yard stare in the bar for the rest of the evening. I now try to avoid umpiring whenever I can...

How discretionary is a discretion?

March 2018 In this recent case, Watson was a director of a company which provided services to Watchfinder, which trades luxury pre-owned watches. Watchfinder granted Watson an option to buy shares in it. The option said that ‘The Option may only be exercised with the consent of a majority of the board of directors of the Company’ (ie Watchfinder). Watchfinder said that this meant that the board had an unconditional right to veto the exercise of the option. What did the court say?...