Top 10 Tips for Employers on the Employment Rights Act 2025 Reforms
Have you made the changes you need to comply with the reforms already in force? The Employment Rights Act 2025 is the most significant shake-up of employment law in decades, which is currently being implemented in phases. A first wave of changes is already in force (April 2026), with further major reforms expected from October 2026 and into...
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Do Beneficiaries Have A Right To Trust Information?
If you are the beneficiary of a trust , it is imperative that you have access to certain information regarding the Trust assets. Trustees have a duty to beneficiaries to disclose certain information; however, simply because you are a beneficiary, you cannot demand access to all the information regarding a trust. This article discusses what...
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No Fault Divorce and Service Issues: What if My Spouse Refuses to Engage in the Divorce Proceedings?
Our latest series of blogs have been covering the changes to divorce law in England and Wales with the implementation of ‘ No Fault Divorce ’ on 6 April 2022. A frequent question we are asked is what happens if your spouse refuses to engage in the divorce proceedings. You can file an application for a divorce yourself without the consent of your...
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Model Articles and Sole Directors – A Warning Note
The High Court has recently passed a judgement that a company with model articles and only one director would not constitute a ‘quorum’ and would therefore have to appoint another director or amend its articles, casting doubt on the generally accepted principles around the interpretation of the model articles. Due to this decision, it will be...
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What Does Without Prejudice Mean?
In general, a party’s admission to something can be used against them in court. The without prejudice (WP) rule means that statements which are made in a genuine attempt to settle a dispute cannot be used in court as evidence of admissions against the party that made them.
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Breach of Shareholders' Agreements
A shareholders' agreement is an agreement which dictates the nature of the relationship between two or more shareholders of a limited company. They are agreed between the shareholders, and usually the company as well, and may cover issues such as restrictions on the sales of shares, restrictions on issuing new shares, or the rights of...
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Copyright Infringement Case Study: Response Clothing Ltd v The Edinburgh Woollen Mill Ltd
In the recent copyright infringement case of Response Clothing Ltd v The Edinburgh Woollen Mill Ltd , His Honour Judge Hacon, a Judge in the specialist Intellectual Property Enterprise Court (IPEC), held that the Edinburgh Woollen Mill (EWM) had infringed the copyright owned by Response Clothing in respect of a wave design on fabric.
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Commercial Agent: Individual or Company?
Both individuals, partnerships and companies may be commercial agents pursuant to the Commercial Agents (Council Directive) Regulations 1993 (the Regulations) as affirmed in the cases of: AMB Imballaggi Plastici Srl v Pacflex Ltd [1999] 2 All ER (Comm) 249 Bell Electric Ltd v Aweco Appliances Systems GmbH [2002] EWHC 872 It is very...
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Disqualification of Directors of Dissolved Companies
On 15 February 2022, new rules surrounding the disqualification of directors of dissolved companies were brought into force in the form of The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act ( Act ). The Act grants more extensive powers to the Insolvency Service to deal with company directors who abuse the company...
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Business Debt Recovery: Using Insolvency Methods to Collect Debts
If you are trying to collect a business debt and do not wish to issue court proceedings, you may be able to commence insolvency proceedings. Pursuant to the Insolvency Act 1986, when considering a winding-up petition or bankruptcy petition, the court must be satisfied that there is a debt that is due and payable. Insolvency proceedings should not...
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What Is Discrimination by Association and Perception?
It is unlawful to discriminate against someone on the basis of one of the nine protected characteristics listed in the Equality Act 2010. These are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity , race, religion or belief, sex and sexual orientation. The Act also describes the various forms of...
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A Defendant’s Guide to Trademark Infringement
A trademark is a symbol or word(s) used by a trader to distinguish its products or services from those of others. A trademark protects branding for businesses, including product names, logos, acronyms, slogans, trading styles and even colours. Trademarks are a valuable form of IP because they become associated with quality and consumer...
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Pursuing International Business Debts
It can be difficult to recover a debt from a debtor based overseas, bearing in mind the debtor is in a different time zone and has different laws and customs to adhere to. Cultural issues also come into play when pursuing international business debts. For example, in the UK, late payment is an ongoing and increasingly problematic issue for many...
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