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Legal Insights

Legal Insights

Cash Flow Killer: Debt Recovery

Gordon Sewell, November 17 2024

Big or small, established or start up, unpaid invoices are a cash flow killer to businesses but apart from repeatedly chasing payment, what can you, as the creditor, do? Here are a few things to think about. 1. Know who you are getting in to business with! It’s important to check whether the arrangement between the parties is subject to any...

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Legal Insights

Promises, promises - Contractual Consideration

Gordon Sewell, May 10 2024

The notion of reciprocity is the core of contract law and this is the main feature that distinguishes a contract from a deed or a gift. Consider a situation where a person loans a sum of money to a friend, colleague or family member. The parties may informally agree on a repayment plan. If the arrangement is not documented or witnessed there is...

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Legal Insights

How can I protect my business from an inside threat?

Gordon Sewell, May 10 2024

You need to seek legal advice . . . and quickly. We often see a situation where a manager or senior employee who has been with a business for several years decides to jump ship and set up in competition. In this digital age, employees now have access to more information than ever before – client lists with full contact details, confidential...

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Legal Insights

When is a director liable for debts of the company?

Gordon Sewell, May 10 2024

We are often asked by shareholders and directors whether they can be made liable for the debts of their limited company. It is a long established pillar of English law that a limited company has its own legal identity. This means that each limited company is its own “person” separate to its directors and shareholders. A limited company can enter...

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Legal Insights

As a director can I be prosecuted for health and safety failings in my company? Yes.

Gordon Sewell, May 10 2024

This can occur in circumstances where the offence in question has been committed with the consent or connivance of the individual or when the offence was attributable to any neglect on the part of the director or manager. In this situation, consent, connivance and neglect have the following

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Legal Insights

Litigation: Is there trouble brewing?

Gordon Sewell, May 10 2024

Whilst protection is better than a cure, when there is a potential dispute, litigation and Court proceedings on the horizon what should you do? Don't panic, take stock and carefully evaluate the situation. Before lacing up the boxing gloves, and throwing a few air shots, here are some of the things you should think

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Legal Insights

When is prejudice to a shareholder “unfair”?

Gordon Sewell, May 10 2024

You may have heard the term “unfair prejudice”. You may be involved in a dispute with a fellow shareholder where this term has been mentioned. So what does it mean and in what circumstances does it apply? The conduct concerned is usually any matter that the board of directors deal with. Examples of prejudicial conduct include allotting new...

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Legal Insights

Is it worth a risk?

Gordon Sewell, May 10 2024

Goethe may have said that "the dangers of life are infinite, and among them is safety", however this is not the case when it comes to the health, safety and well being of your employees and workers. The employees had no method statement to follow when they climbed onto the roof and there were no preventative measures in place to prevent a fall...

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Legal Insights

Workplace Risk Assessment

Gordon Sewell, May 10 2024

“It’s how we’ve always done it”. “Nothing has ever gone wrong” “We just pick up the phone and get it agreed”. “It’s always been a gentleman’s agreement”. On this page, we will help dispel some of the myths in contract law in a way that will assist you in the day to day running of your

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Legal Insights

Guarantor Beware

Gordon Sewell, May 10 2024

Think twice before signing on the dotted line . . . In the turbulent aftermath of the Covid-19 pandemic, the business world is considering ways to ease recovery and steady the ship into more settled waters. Many businesses have coped with financial losses, a furloughed workforce, and the collapse of supply

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