Break Clauses & Vacant Possession

Aaron Mulholland

The High Court in England & Wales recently ruled in the case of Riverside Park Limited –v- NHS Property Services Limited EWHC 1313 that a tenant’s failure to remove demountable partitioning meant that vacant possession as a condition of the tenant’s break clause was not provided and the break was therefore not effectively exercised. ...

Choosing a name for your new business or product

Andrew Kirke

How do you pick a name for a new business or product without getting yourself into trouble legally? It might seem like a stupid question, and whilst the name you pick will be obviously primarily be decided by what best fits and markets your business or product, but there are some legal concepts which should ...

Discovery in Employment Tribunals – How do I handle it?

Rachel Richardson

As part of our ‘How do I handle it’ series on employment law and difficult workplace scenarios, Rachel Richardson, Director at Tughans, considers the following problem and offers some practical advice. I am an HR manager and our company has received a Notice for Discovery as part of industrial tribunal proceedings from an ex-employee. I ...

Cyber Security Breaches – Responses

Andrew Kirke

What do you do as a CTO if you wake up in the morning to a string of emails from your Chief Exec, a buzzing twitter feed and a breakfast TV special report letting you know that over 150,000 of your customers have had their data stolen in an overnight cyber-attack? Apart from going on ...

A reminder that new minimum wage rates will be effective 1 October 2016

Patricia Rooney

A reminder that the annual increase in the National Minimum Wage (NMW) takes effect tomorrow, 1 October 2016 Rates of pay These rates apply to pay reference periods beginning on or after that date. The new rates will be: £7.20 per hour – 25 yrs old and over £6.95 per hour – 21-24 yrs old ...

Let’s Talk About Tax

Luke Thompson

Let’s talk about tax, more specifically, Stamp Duty Land Tax (SDLT).  Ben Franklin once wrote that in this world nothing is certain, except death and taxes. So before succumbing to the former, we all have to endure the latter. In this article we introduce the basic principles of SDLT. Although there are a lot of ...

What is Warranty and Indemnity Insurance and is it right for my deal?

Grant Edwards

What is Warranty and Indemnity Insurance (“W&II”)? In M&A transactions a buyer will require the seller to make certain statements about the business being sold (warranties) or require the seller to promise to pay the buyer for any liability resulting out of a particular circumstance (indemnities). The idea being that, if a warranty statement is ...

Confirmation Statements: Replacing the Annual Return

James Donnelly

The Current Position Currently all limited companies must file annual returns with Companies House.  The Annual Return includes details of a company’s officers, registered address, shareholders and share capital. This information is filed annually despite the fact there may have been no changes. The Change In March 2015, the Small Business, Enterprise and Employment Act ...

Applicant with a conviction for murder – How do I handle it?

Patricia Rooney

Patricia Rooney of Tughans’ Employment Department discusses issues arising when a candidate for employment discloses a conviction for murder. Would you want this person representing your organisation or providing services?  Do you have to interview him/her? When an applicant discloses a conviction for murder, you should be aware that a custodial sentence of more than ...

Are you a creditor who has been forced into a dubious “voluntary arrangement”?

Kevin Gallagher

An individual voluntary arrangement (known as an “IVA”) is a formal agreement between an individual debtor and their creditors that the debtor will pay an agreed sum of money to their creditors, usually by instalments over a period of years, in full and final satisfaction of their debts.  An IVA is often proposed by an ...