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A recent court case has found that the Model Articles of Association adopted, in whole or in part, by a lot of private companies do not allow those companies to have a sole director. Any company which was incorporated since October 2009, or which has changed...
Selling a business is quite an undertaking and can often flag up issues or concerns that require additional time and costs to resolve. Beth Wallace and Ollie Peckham have compiled a list of issues to consider in advance of a sale to help...
With Regulation (EU) 2019/1020 coming into force, from 16 July 2021 every business from outside the EU selling products directly or indirectly should have either an importer or an authorised representative located in the EU acting as an ‘economic...
In an effort to address public concern about the potential for live facial recognition ( LFR ) technology to be used contrary to data privacy laws, the ICO have provided guidance on the use of LFR in public places by private companies and public...
Businesses are finding it increasingly difficult to stay afloat as the Covid-19 pandemic continues to ravage the UK. Despite several recent vaccine approvals and the government introducing a range of financial support schemes – including the Furlough...
The legal position on GDPR and personal data transfer between the UK and the EEA has changed post-Brexit as follows: EU GDPR Regulation As an EU Regulation, EU GDPR no longer applies to the UK. However, if you operate inside the UK, you will...
Following ten rounds of intense negotiations in the run up to Christmas, the EU-UK Trade and Co-operation Agreement (the TCA ) came into provisional effect at 11pm on 31 December 2020 when the European (Future Relationship) Act 2020 (the 2020 Act ) came...
Businesses are reminded to ensure their systems and processes are as secure as possible following the Information Commissioner's latest fines against two organisations for data breaches. In October, British Airways was fined £20 million for ...
On 28 August 2020, the Competition and Markets Authority (CMA) published an updated version of its "Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds" which was first published on 30 April 2020. The statement now...
There has been much talk recently within the media and industry of the impact on data protection rules since the announcement of the ‘Schrems II’ judgment, but what is this case and how might it affect us? The Position to Date Data...
The Information Commissioner's Office (ICO) is currently reviewing its Privacy Shield and Standard Contractual Clauses guidance following the judgment issued by the ECJ in the case of Data Protection Commissioner v Facebook Ireland and Maximillian...
New guidance has been released by the Government on maintaining test-and-trace records of staff, customers and visitors during the COVID-19 pandemic. This guidance applies to establishments in the hospitality, tourism and leisure sectors, and close-contact...
The Corporate Insolvency and Governance Act 2020 came into force on 25 th June 2020 , with the aim of “Relieving the burden on businesses during the Coronavirus outbreak.” The Act: Provides companies with temporary easements on Companies...
As you will be aware, this month the Government eased the lockdown measures in England. As from 15 June 2020, non-essential retail premises were permitted to open, as were drive-in cinemas, retail art galleries, betting shops, auction houses,...
In some types of contracts/agreements it is common to see a Material Adverse Change or MAC clause to deal with one party’s significant and damaging changes in commercial circumstances. This is particularly the case in financing documentation...
The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...
The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...
The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...
The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before...
The news last week highlights the horrific situation facing many growers. The dramatic fall in sales arising from the lockdown coupled with the perishability and seasonality of plants means the sector faces a nightmare scenario. Within the news there are...
If you are considering whether a force majeure clause can assist in dealing with current circumstances, we have set out below a summary of the main points to consider. The key take-away is not to assume that a standard force majeure sweeper/general...
In the new age of GDPR and rigorous electronic data protection laws, the availability and use of cookies can no longer be taken for granted.. In terms of data, a cookie is a text file with the ability to track your activity across the internet and...
On 5 May 2019, the Department for Business, Energy & Industrial Strategy published a consultation to reform corporate transparency. Generally, the consultation looks at guarding against the misuse of UK corporate entities and balancing transparency...
It is often a frightening concept to give away hard-earned assets and lose control over them and this, together with concern over future cash flow, can be a barrier to putting assets into trust or simply making gifts. One of the key benefits of a family...
It is an all too familiar narrative starting with a person claiming to have fallen out with a business partner, supplier or contractor and not knowing what to do next. It inevitably turns out that neither party saw the need nor had the inclination to...
The General Data Protection Regulation (GDPR) is new legislation which will impact nearly all organisations across Europe from 25 May. The regulation has been introduced in order to strengthen current personal data privacy laws and put all European...
In its recently published 2018-2019 Business Plan, Companies House has set out its robust approach to companies not complying with their Persons with Significant Control (PSC) requirements. Since June 2016 UK companies have been required to hold an...
The General Data Protection Regulations (GDPR) come in to force in May 2018 and, despite the fact that they have been widely publicised since 2016, a recent survey identified that only 7% of business felt they were ‘very prepared’ for the...
On 2 November 2017 the Bank of England reversed the drop in interest rates which came into effect on 2 August 2016. This means the base interest rate is back up to 0.5%, a level first introduced in March 2009. What does this mean for your entitlement to...
The Commercial Agents (Council Directive) Regulations 1993 was implemented to clarify and protect the rights of commercial agents who engage with principals to sell products on their behalf. Generally, commercial agents have the right to a compensation...
The risks of being a sole shareholder/director: Court provides a timely reminder of the need to review your company’s Articles of Association Are you a sole shareholder/director of your company? Do you have children, other family members or trusted...
