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Shareholders – the director’s ultimate master Shareholders – the director’s ultimate master

Legal Articles

Mar 24

Shareholders – the director’s ultimate master

A guide for directors: what you should know before accepting the appointment. This is article 4 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Feb 24

Defending a product liability claim

Customer safety and satisfaction are vital objectives for any manufacturer or supplier, as you seek to build and maintain a reputation in the market. Quality control plays a key role...

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Feb 24

The Board of Directors cannot agree anything

A guide for directors: what you should know before accepting the appointment. This is article 3 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Feb 24

The top 5 things directors do wrong – including the consequences

A guide for directors: what you should know before accepting the appointment. This is article 2 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Jan 24

You have been appointed – but what kind of director are you?

A guide for directors: what you should know before accepting the appointment. This is article 1 from a series of 10 written by Jonathan Mortimer, a Dispute Resolution Partner at...

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Jan 24

An employer’s guide to taking grievances seriously

Dealing with employee grievances can sometimes seem like a thankless drain on a business’s management and resources. But a prompt investigation could uncover inappropriate behaviour or poor management that needs...

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Jan 24

Heading off a dispute with a distributor

Selling your goods in a new and unfamiliar market can be a risky and costly venture, but entering into a distribution arrangement with a separate distributor can provide your business...

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Nov 23

Allegations of bullying at work; how should employers respond?

Anti-Bullying Week takes place from 13 to 17 November 2023.  The Anti-Bullying Alliance is encouraging the public to ‘help make a noise to stop bullying.’ While the charity’s focus is...

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Oct 23

Employers’ guide to dyslexia in the workplace

‘One in ten people are estimated to have dyslexia according to the British Dyslexia Association,’ says Sally Togher, Head of Employment at Raworths.    ‘Dyslexia awareness week runs from 2 -...

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Aug 23

Options for enforcing a judgment for payment

Obtaining a court judgment for payment from a debtor can be a huge relief, particularly where a dispute has been contested.  However, enforcing that judgment and actually obtaining payment can...

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Aug 23

Talking ‘off the record’ and settlement agreements

Using a settlement agreement to bring an employment relationship to an end, and effectively wipe the slate clean, can be very useful. But, to start the conversation, employers need to...

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Jun 23

How can a business remove a troublesome shareholder?

There are many reasons why shareholders fall out. Most companies in the UK are small owner-managed businesses, which are family businesses or have been started out by friends with a...

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Jun 23

Getting employees back to the office

According to the Office for National Statistics, before the Covid pandemic only one in eight working adults reported working from home at least once during the previous seven days. This...

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May 23

Spring employment law round up

Other than the usual April updates to statutory rates, it looks deceptively quiet on the regulatory front for employers. But the end of the year could see the biggest shake-up...

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Mar 23

How can we prevent key evidence being destroyed once our opponents find out about our claim?

Destruction of damming evidence by defendants in anticipation of litigation is a frequent occurrence and can make the difference between a win and a loss at Court.  So how can...

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Mar 23

Cohabitation: the case for reform

The Office for National Statistics (ONS) has recently released an interesting analysis of data extracted from the 2021 Census regarding relationship status. The key themes from the report include the...

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Feb 23

What is the difference between a warranty and an indemnity?

Warranties and indemnities are frequently included in commercial agreements. Their aim is to provide a right of redress where one party provides to another critical information which later turns out...

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Feb 23

Problems in performance management

Performance management can be distracting, challenging and time-consuming,according to Deborah Boylan, Partner and Head of Employment at Raworths. The first challenge is to determine if this is a capability issue...

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Jan 23

I hate my business partner – what can I legally do?

Business partnerships are like any other relationship.  There needs to be trust, commitment, an understanding as to respective roles and a shared vision. Unfortunately, business relationships can fall apart just...

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Jan 23

What employers need to know about hidden disabilities

Have you ever spotted someone wearing a lanyard with a sunflower as a means of indicating that they have a non-visible disability (also known as a hidden or invisible disability)?...

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Dec 22

My fellow shareholders disagree with my views – what can I do?

For a business to grow and prosper, it is vital that the people at the helm get on and have a shared vision about key issues of strategic importance. Where...

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Dec 22

Our employers’ guide to Christmas party fallout

Christmas parties are a great chance for employees to have fun together and for employers to treat their staff as a ‘thank you’ for their hard work during the year....

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Dec 22

Disaster planning for businesses – what to do if the worst happens

An emergency can arise from many foreseen and unforeseen situations, the most common being fire, flood, explosions, vehicle impact and spillages. Serious damage to business premises can inflict long term...

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Nov 22

The agreement is signed but it contains an error – what can I do?

If you have entered a business contract which does not, with the benefit of hindsight, accurately reflect the terms that were discussed, or which contains a fundamental error or misunderstanding,...

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Nov 22

Employee monitoring: an employer’s guide

Recent advances in technology mean that there are now numerous ways to monitor employees, including via a webcam on staff computers or by checking browser histories, email content and phone...

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Sep 22

Investigating employee misconduct: how to get it right

Being dismissed for misconduct can have a devastating impact on an employee’s future job opportunities.  Before fairly dismissing someone for misconduct, employers must be able to show that they reasonably...

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Aug 22

Negotiating a senior executive package

Recruiting the right senior executive can be an immense benefit to a company if they bring the right mix of skills, experience, and contacts to the business. It is not...

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Jul 22

Summer 2022: employment law update

This year’s Queen’s Speech was surprisingly light on employment law developments, with the omission of the long-awaited Employment Bill.  However, the last few months have seen a couple of announcements...

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Jul 22

Can I be liable for the debts of a business run as a partnership?

Many businesses are still run as a traditional partnership.  Indeed, they have many advantages including the ability to keep financial information confidential, less onerous compliance with statutory rules for companies...

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Jul 22

I have been summoned to give evidence in Court: what should I do?

It is not uncommon for individuals to be asked to attend court to give evidence on a matter which does not concern them directly. Perhaps you were a witness to...

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Jun 22

Paid too much for a business – what can you do?

Most acquisitions run smoothly with buyers feeling satisfied that they have purchased the business they expected.  But just occasionally, buyers come to the conclusion that they have paid too much,...

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Jun 22

Investigating employee misconduct: how to get it right

Being dismissed for misconduct can have a devastating impact on an employee’s future job opportunities.  Before fairly dismissing someone for misconduct, employers must be able to show that they reasonably...

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Mar 22

Dismissing an employee fairly: a refresher

The law gives five potentially fair reasons for dismissal, including breach of a statutory duty or restriction and some other substantial reason capable of justifying dismissal. The most commonly used...

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Feb 22

Garden leave – protecting your business when employees go

When a key employee is about to leave, employers look to minimise damage to their business and may wish to keep the employee away from customers and commercially sensitive information....

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Feb 22

Contract misrepresentation – legal options when you have been mislead

If you agreed to enter a commercial contract based on factual or legal statements that now turn out to be untrue, what can you do?  It may be possible for...

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Feb 22

Holiday Pay: misclassification of employment status and no break in a series of unlawful deductions

The impact of getting employment status wrong for your staff has never been more significant following the case of Smith v Pimlico Plumbers. The Court of Appeal has: decided that...

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Feb 22

Can a neutral evaluation help resolve a business dispute?

When a business is faced with a dispute, legal proceedings are quite rightly seen as a last resort.  There are many forms of well-known alternative dispute resolution (or ADR) available...

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Jan 22

Employment policies and procedures: time for a refresh?

Many businesses are now at the stage where they have planned their longer-term working arrangements for staff who may be office-based, remote working, or a hybrid arrangement. Some of the...

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Dec 21

Does my commercial contract contain penalty clauses?

Many commercial contracts include a provision which requires compensation to be paid, by one party to another, in the event that certain terms are not complied with.  But are you...

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Nov 21

Carers’ rights at work

According to Care UK, three million people in the UK are juggling work with unpaid caring for disabled, seriously ill, or older loved ones. NHS England reports that carers are...

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Nov 21

Is your workplace sympathetic to the menopause?

In an episode of the Netflix series House of Cards, the American First Lady Claire Underwood opens the door of her huge refrigerator and stands there cooling off from a...

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Sep 21

Can you be contractually obliged to attempt to settle?

This is a question which our Dispute Resolution team are frequently asked by commercial clients.  They say: “It may seem a little odd but sometimes a party to a dispute...

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Sep 21

Joint ventures – is divorce on the cards?

When businesses come together with common interests and pooled talent great things can be achieved but like any relationship can it all end in disaster? Unfortunately, joint ventures are frequently...

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Aug 21

Bailment: landlords and leftover property

Outgoing tenants often leave property behind at the end of their tenancy and this can create several considerations for landlords: do they have to store these items, and if so...

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Aug 21

Senior executive departure – tips for a smooth exit

Despite all your best efforts to recruit and retain the right key executives, sometimes things just do not work out as planned and it becomes evident that it will be...

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Aug 21

Does a one size fits all approach to debt collection suit your business?

It is understandable that businesses will frequently have a standardized internal procedure for collecting in debts.  Perhaps reminder letters to debtors after 14 days, followed by more serious letters making...

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Jul 21

The use of Alternative Dispute Resolution in commercial disputes

It is no secret that the courts are struggling to clear the backlog of commercial cases which have built up as a result of the coronavirus, or that this backlog...

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Jun 21

The future of the workplace and hybrid working

The official government message encouraging people to work from home is expected to end with the final step out of lockdown. For many employees though, homeworking is here to stay....

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May 21

Family-friendly rights and the impact of the pandemic

While the predicted lockdown baby boom has not materialised and the birth rate is similar to 2020 (down just 0.5%), family caring responsibilities have been more evident in the last...

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Apr 21

Comparing employment status and rights – key differences and legal rights

The statutory definitions of the three categories of employment status have long been criticised as being unclear, and over the years a body of case law interpreting these definitions has...

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Mar 21

Your duties as a director – what to do when your conduct is questioned

It would be wrong to assume that as a director you are top of the tree and untouchable.  Instead, a director is accountable to the company, shareholders and creditors by...

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Mar 21

Business disputes with EU customers and suppliers after Brexit

While the UK may now have a trade deal with the EU, businesses have spent the first part of the year picking through the detail to figure out what it...

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Mar 21

New rules for IR35 and off-payroll working from 6 April

After postponements in 2019 and 2020, the 6 April 2021 is the third date scheduled for the off-payroll working rules to be extended to the private sector. The purpose of...

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