An Alternative To A Wrongful Trading Action Sue A Director Personally

Central to company law is the concept of the “corporate veil”. Once a company is incorporated, it is an artificial legal person totally distinct from those who run and own it. Every law student is familiar with the case of Salomon v Salomon & Co Lt …

Appointing A Deputy (via the Court of Protection) In The Absence Of A Lasting Power of Attorney

In the absence of a valid Lasting Power of Attorney or Enduring Power of Attorney, no one has legal authority to make decisions on behalf of an incapacitated person about their property or welfare until a Deputy is appointed by the Court of Protection. …

Overtime Pay Should Be Included Within Holiday Pay

The Employment Appeal Tribunal (EAT) has ruled that payments in respect of regular non-guaranteed overtime should be included as part of a workers’ holiday pay. This decision follows hot on the heels of a recent decision by the European Court of Justic …

Legal Barriers to Exporting Goods and How to Overcome Them

Exporting goods overseas is a good way of increasing a business’ customer base. However, it is not without risks and if a business has not exported outside of the United Kingdom before, then there are a number of legal issues and factors they should co …

Landlord and Tenant – Recent Case Law Regarding Section 21 Notices

In the past, Landlords have previously been faced with confusion as to whether to serve a notice pursuant to Section 21 (1) or Section 21 (4) of the Housing Act 1988, when giving notice to end an Assured Shorthold Tenancy where the fixed term has expir …

Should Convicted Sports People Be Able to Compete Again?

I was asked to answer this question recently on our local radio station (BBC Radio Northampton). This was a topic on Helen Blaby’s lunchtime show where they picked up on the subject following the Oscar Pistorius case and, more closer to home, Sheffield …

Business Assets and Planning for the Future in the Event of Your Death

Death is the last thing people like to think about however, as everyone knows it is one certainty in life that we can’t simply ignore. As a business owner life is very hectic and it is understandable that consideration for what happens after you’re no …

Change to Intestacy Rules – More Provision for Surviving Spouse or Partner

As of 1st October 2014, changes to the Intestacy rules came into force. This follows the enactment of the Inheritance and Trustees Powers Act 2014, the principle behind the previous rules have stood since 1925. What has changed? The new rules are more …

HMRC telephone calls to Estate Agents to monitor Anti-Money Laundering compliance

HM Revenue and Customs (HMRC) have a number of Anti-Money Laundering Compliance Officers working through registered agencies to ensure that each business is up to date with their compliance activities. There are a number of regulations and obligations …

National Crime Agency (NCA) Requirement on Suspicious Activity Reports (SAR’s)

If you work within the regulated sector, you may know that during the last 12 months, the UK Financial Intelligence Unit (UKFIU) has worked with the reporting sectors towards improving the quality of Suspicious Activity Reports (SARs). This has include …