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20 January 2017 0 Comments Posted in Corporate & Commercial, Opinion

What’s in store for South West M&A

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Amid continued economic uncertainty, news that 2016 proved to be the busiest year by deal volume in the last decade serves as a timely reminder of the resilience of the South West deal market. The number of deals completed rose by 4%, according to Experian’s latest analysis of the M&A market, marking a sixth consecutive year of growth. Here I will explore our Corporate & Commercial team’s recent experience in the market and our expectations for 2017.

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15 December 2016 0 Comments Posted in Corporate & Commercial, Opinion

Due Diligence: Guiding you through the mechanics of selling

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Due diligence is an essential part of any transaction. The buyer of a business will want to “kick the tyres” and ensure that the target business is what the seller has represented it to be.

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5 December 2016 0 Comments Posted in Corporate & Commercial, News

New corporate lawyer marks further expansion at Royds Withy King

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Bath’s largest team of corporate and commercial lawyers has signalled further expansion with the appointment of solicitor Edward Chapman.

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24 June 2016 0 Comments Posted in Corporate & Commercial, Opinion

Brexit: Corporate & Commercial legal implications

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Brexit

The corporate market, particularly relating to mergers and acquisitions (M&A) is highly susceptible to prevailing economic conditions. Here we explore the potential effects of today’s Brexit vote announcement on UK businesses.

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How Manchester United tackled Chelsea for the trade mark “Jose Mourinho”

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In the run up to Euro 2016, with England fans once again daring to dream of glory on the international stage, the football story dominating the headlines was Manchester United‘s search for a new manager, and the eventual appointment of Jose Mourinho. Catching the attention of intellectual property lawyers was the delay caused by the revelation that Chelsea owned various trade marks for the name “Jose Mourinho”, Jose having served as Chelsea manager from 2004 to 2007 and 2013 to 2015.

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31 May 2016 0 Comments Posted in Corporate & Commercial, Opinion

Entrepreneurs’ relief: are deferred shares part of a company’s ordinary share capital?

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company shares

Companies that have shares with no dividend rights in issue may need to review their impact on the shareholdings of employees and directors and, if necessary, consider either their cancellation or conversion in the light of two recent decisions.

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23 May 2016 0 Comments Posted in Corporate & Commercial, Opinion

Buyers beware: limitations on bringing claims under a share purchase agreement

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share purchase agreements

The recent High Court decision in Teoco UK Ltd v Aircom Jersey 4 Ltd serves as a timely warning to all buyers of companies who later seek to bring claims under the warranties or tax covenants in the share purchase agreement.

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18 February 2016 0 Comments Posted in Corporate & Commercial, Opinion

That Porsche is mine

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Porsche

A Porsche enthusiast has been awarded £35,000 in damages after a Porsche dealership sold a limited edition Porsche 911 to a third party instead of him. The Court of Appeal case of Hughes v Pendragon Sabre Ltd (t/a Porsche Centre Bolton) [2016] EWCA Civ 18 held that the lack of vehicle, price and delivery date at the time of the agreement being made was not fatal to the existence of a contract.

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10 February 2016 0 Comments Posted in Corporate & Commercial, Opinion

Sacked by a fan? Companies House accepts fan’s document sacking Charlton Athletic’s chief executive

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You are fired

Charlton Athletic have begun investigating after a form terminating the appointment as a director of Katrien Meire, the club’s chief executive, was posted on Companies House.

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15 January 2016 0 Comments Posted in Opinion, Technology & media

How The Daily Telegraph crossed the line on use of personal data

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Personal data

Did the “Vote Conservative” polling day email from The Daily Telegraph annoy you? It certainly upset the Information Commissioner’s Office.

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8 December 2015 0 Comments Posted in Opinion, Technology & media

Community trade marks: sofa, so good?

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Community trade marks

A recent case should provide some food for thought among businesses seeking to protect their brand on an EU-wide basis using a Community Trade Mark (“CTM”). A Community Trade Mark is a trade mark which has been registered in the European Union as a whole (rather than on a national level within the EU). While registering a CTM may seem like a good idea (and great value for money compared with registering in multiple, single states), the outcome of Sofa Workshop v Sofaworks highlights some concerns for businesses which trade predominantly within a single member state.

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26 November 2015 0 Comments Posted in Corporate & Commercial, Opinion

Do you have to pay your £85 parking charge, or is it a penalty clause?

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Parking fine

If you breach a contract (like overstaying the permitted time in a car park), the test for whether you are bound to pay any charge imposed as a consequence of your breach has historically been whether the charge is a genuine pre-estimate of the loss the other party suffers (a liquidated damages clause) as a result of your breach, or a penalty. Liquidated damages clauses are generally enforceable whereas penalty clauses are not. The Supreme Court has recently shed more light on the issue in two recent cases and introduced a new, “legitimate interest test” for courts to consider when deciding whether a clause is an unenforceable penalty.

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