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Debt Recovery

In an economic downturn customers want to hold on to their money for as long as possible, however, where business profits are being squeezed, cash flow becomes a necessity. Irregular cash-flow can be a big problem for small businesses who rely on regular cash-flow in order to pay their own debts, yet worry at the…

LIQUIDATED DAMAGES AND “COMMERCIAL JUSTIFICATION” – ANY RECONCILIATION?

The cases for “Liquidated Damages” or “Commercial Justification” Regardless of the type of commercial contract – construction, corporate, real estate, healthcare and even charter-party, the potential for a breach of contract by either party is always (or should be) in the minds of both parties before signing the contract. For the knowledgeable employer and indeed…

Osborne attacks corporate ownership of dwellings again

The Treasury and HMRC have long believed that there’s not really good reason for a company to own a dwelling and that anyone controlling a corporate owner of a dwelling must be engaged in tax avoidance. The 2014 Budget shows that this mind-set still flourishes in the Chancellor’s thinking. Anyone non-natural person (“NNP”) buying a…

Cadbury’s imperial coat of purple under threat

A long-running court battle between confectionary giants Cadbury and Nestlé has seen the UK Supreme Court throw out an appeal by Cadbury against an earlier judgement that refused to secure their unique colour purple as a trademark. And despite this being a clash between two international confectionary titans, intellectual property lawyers say the lesson is…

Equestrian Property

Buying or selling an equestrian property requires a different mind-set to a normal residential conveyance. Selecting a suitable agent is a key first step, but just as important is instructing a solicitor who understands what your horses will demand and how an equestrian business runs. You should be able to gauge the condition of the fields,…

WHY WOULD YOU WANT SEARCHES WHEN BUYING A PROPERTY?

Some clients ask “why do we want to waste money on property searches?” Here are a few good reasons why:- Local Search This can tell you a lot of information about the property and the area it is in. For example, did you know that trees within a conservation area are protected automatically by a…

Pre and post nuptial agreements look set to be binding in future

Pre and post nuptial agreements are likely to be given binding status, in a move that’s intended to give couples a more predictable outcome on divorce. The Law Commission’s report, Matrimonial Property Needs and Agreements, proposes that the agreements be enforceable as contracts, but only after both partners’ financial needs, and any financial responsibilities towards children,…