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Company law changes in 2016

Company Law Changes in 2016 - The Small Business, Enterprise and Employment Act 2015 Note: The requirement to keep a PSC register came into force on 6 April 2016.

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RICS arbitration service launched

RICS arbitration service for construction and engineering disputes

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The Bribery Act 2010

In January 2016, the first UK company to be prosecuted for corruption was sentenced to a fine of just over £1.3m, had over £800k confiscated and was ordered to pay £25k in prosecution costs, with two directors being convicted and sentenced in 2015.

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Implied terms

The Supreme Court has recently clarified the law on implied terms in Marks & Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd.

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Commercial rent arrears recovery from 6 April 2014

On 6 April 2014, the government abolished the common law right known as “distress”, no longer allowing a landlord to seize a tenant’s goods and sell them to recover outstanding rent arrears.

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Barker Gillette LLP and Lucas McMullan Jacobs Merge

Barker Gillette LLP and Lucas McMullan Jacobs are delighted to announce their merger as from 3 November 2014.

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Insight

Inheritance Act claims and letters of wishes: Managing risk in estate planning

This article explains who can bring a claim, the strict time limits involved, and the risks for executors and beneficiaries. It also explores how a carefully drafted Letter of Wishes can provide valuable context, demonstrate intention, and help reduce the likelihood of contentious probate proceedings.

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Transactional documents in a corporate sale: What sellers should know

Once due diligence is complete and terms are agreed, the focus turns to negotiating the transactional documents that underpin a share or asset sale. This guide explains the purpose of the key documents involved in business acquisitions and why careful drafting and negotiation are essential to achieving a smooth, dispute-free completion.

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Planning for the future: What to include in a UK shareholders’ agreement

A well-drafted agreement sets clear ground rules for how the company is run, how decisions are made, and what happens when circumstances change.

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Understanding Court of Protection applications in England and Wales

When someone can no longer make decisions for themselves and has not put a Lasting Power of Attorney in place, the Court of Protection can step in. This article explains what the Court of Protection does, when an application may be needed, and what the application process entails.

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Warranties and indemnities: Key protections in share and asset sales

An overview of warranties and indemnities in share and asset sales, explaining key differences, common protections, liability limits and risk allocation.

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Dilapidations explained: What commercial tenants and landlords need to know

Dilapidations are a common source of dispute at the end of a commercial lease. They can involve significant sums of money and often come as an unwelcome surprise to tenants who believed they had left a property in reasonable condition. Understanding what dilapidations cover and how claims are assessed is essential for both landlords and tenants navigating the end of a lease.

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