Advice for sincerely deluded directors and others
As Flanders and Swann once sang (or at least Flanders once said), ‘always be sincere – whether you mean it or not’.
But things are even more complicated nowadays in the world of corporate law and directors’ duties, and this recent case shows that it is not enough to be sincere even if you mean it if you are actually deluded in thinking you are being honest. Or something like that.
Share sale or business sale? 3: What are you trying to sell?
Differences between share and business sales #3: What are you actually trying to sell (ie what are you selling and how do you transfer it?)
Shareholder fall-out – how a shareholders agreement can help to break through the resulting paralysis
This Guide explains various different ways in which a shareholders agreement might provide to break through any paralysis which could otherwise be caused by a fallout between the owners of a deadlock company.
Company sale pitfalls: not getting paid – getting shares in the buyer instead of cash
A few things to think about if you are offered shares in the buyer as part of the price for selling your company
Unfair by definition
You can check out any time you like but you can never compete? A Court of Appeal decision on restrictive covenants by employee shareholders
A remotely interesting case
This 2020 Privy Council case was about the basis on which you work out how far you can go when working out for what kinds of losses you can claim damages when there is a breach of contract, before they have to be treated as irrecoverable because they are too remote.
Reflective on loss
This recent case was described by one of the judges as raising ‘one of the most important and difficult questions of law to come before the Supreme Court for some time’.
Mothballs and Spring cleaning
March 2020 In these new conditions, what can businesses do to survive and then thrive when things get back to (the new) normal? Some food for thought
Why you have warranties in business and share sales
October 2019
A guide to how the law works when you buy shares in a company and later have a warranty claim. Plus a recent case (at 2019) about it.
Quite a lot of background here (in fact there are three of them) but all possibly useful stuff to know particularly if you ever want to buy or sell a business…
Legal status of consultants – legislation to be aware of
The legal status of consultants from a tax and employment law point of view can be a bit of a minefield