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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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HMRC launches Alternative Dispute Resolution service

HMRC have launched a way for small businesses and individuals to resolve disputes after a successful trial.

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Insight

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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The role of due diligence in corporate transactions

In corporate transactions, due diligence is a key stage that usually follows agreement of Heads of Terms, allowing the Buyer to investigate the target company or its assets before committing to the deal.

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