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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

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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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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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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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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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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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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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

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

How easy is it to challenge a will based upon lack of mental capacity?

Following the death of a loved one, additional upset can be caused by a challenge to the validity of the will by a disappointed beneficiary on the basis that the...

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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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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

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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Dec 21

Can I find out why I have been disinherited?

When a good friend, relative or loved one passes away, it is not uncommon for many to contemplate what decisions the Deceased may have made as to the ultimate destination...

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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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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

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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Aug 21

The Top 10 Most Seen Disputes Relating to Wills

Jonathan Mortimer, Consultant Partner at Raworths, lists the most frequently seen disputes relating to wills and the administration of estates based upon his experience in the field. The top 10...

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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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Jul 21

Bailment – What is Bailment?

Although it has such an antiquated name, Bailment is the term given to a very common form of a legal relationship which most people will have experienced. A Bailment can...

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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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Nov 20

Unmarried couples who are separating – what happens to your property?

When deciding to live together, understandably many unmarried couples do not think about what would happen with their property if their relationship came to an end. However, when relationships do...

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Feb 20

But you promised me the farm… avoiding family conflict in a farming business

As head of a family farming business one would imagine you had already planned for succession by making a will, having a business structure in place and ensuring that the...

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Jun 19

Revenge evictions and developments in the private rented sector

The issues of 'revenge evictions' and the potential for far-reaching reforms to the private residential letting market represent growing and significant challenges to landlords and letting agents. Matthew Hill, Head...

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