Legal Insights

Legal Insights

Calling all Directors...Part 1

Jennifer Sewell, January 31 2025

Here at Sewell Law, we work with lots of Directors and decision makers. Directors come in all shapes and sizes. There is no exam to pass or qualification to take before being appointed a Director. Sometimes Directors do not fully appreciate the duties and obligations on them. This can lead to a Director finding themselves in hot water and needing...

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Legal Insights

Going in to battle: whose terms apply?

Lucy Savery, January 22 2025

Can you see why this may be a problem? Let me explain what this might look like in practice. Party A sends a purchase order attached with their standard terms. Party B accepts this purchase order and also sends their companies standard terms.

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Legal Insights

A Coleslaw Update. No. Case Law Update - Contract

Lucy Savery, January 12 2025

Now that we've said goodbye to 2024, let’s take a quick look at some notable cases last year. Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union [2024] UKSC 41 In the past, many government departments allowed their employees to pay union fees directly from their salaries through a...

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Legal Insights

Contract Law - Formation

Lucy Savery, January 6 2025

Do you know in English law there is no formal definition of what constitutes a contract? It could best be described as a legally binding agreement between at least two parties. There are five elements which must be satisfied for there to be a legally binding contract. 1.   Offer.

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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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