When deciding whether a document is a binding contract or merely an agreement to agree, the guiding principle is whether the terms are sufficiently clear and certain to be enforceable in practice. In an instructive High Court case, that test was met by a handwritten note made by a mediator in the context of a…
The teacher was not a casual worker, but worked only during school terms under a zero-hours contract. The trust that ran the school was not required to provide her with a fixed minimum amount of work. The number of hours she worked was dependent on the level of pupil demand for her tuition. She was…
Every business person who has that entrepreneurial sixth sense to smell out opportunity and the courage to grasp it will need good professional advice. They might consider any professional advice to be too staid and cautious but after having their fingers burned once, they can see that correct professional advice is indispensable if they are…
With the current economic uncertainty, the number of Settlement Agreements (previously Compromise Agreements) being offered to employees has greatly increased. They are typically used in redundancy situations. It is a document that many of us have heard of but what is it and what does it do? In essence, it is a legally binding contract,…
Only liquidated debts, for specific amounts which have been ascertained fully and finally, can form the basis of bankruptcy petitions. As a High Court case shows, discerning which debts fall into that category can be far from straightforward. Outline of the Case The case concerned a businesswoman who had engaged in joint ventures to build…
One would have thought that sophisticated financial professionals engaged in high value deals would have the sense to get their agreements recorded in writing by a professional. However, that is sadly not universal practice and a High Court case illustrated the kind of disputes to which such failures can give rise. Outline of the Case…
When it comes to property, the old maxim is that only three things matter: Location, location, location. At the turn of the millennium, it is fair to say Gloucester was far from a prime spot with businesses unwilling to relocate to the city. At this time, Tayntons had only one member of staff dedicated to…
If you are facing court proceedings, burying your head in the sand is the worst option you can take. You should consult a lawyer immediately. In this case, a pair of business people who failed to take that sensible step were stripped of valuable shareholdings and had their behaviour criticised by the trial judge. Outline…
Helping friends in financial trouble is one thing, but assisting them in defrauding their creditors is quite another. In this case, a woman who came to the dishonest aid of a businessman facing bankruptcy was herself hit hard in the pocket. Outline of the case The woman was sole director and shareholder of an entirely…
As your company grows, so does the risk to it if you are not completely up-to-date with your HR and legal needs. Leaving things to chance, or expecting what you have always done to suit the needs of an expanding business is dangerous. Failing to prepare for all eventualities, will mean your business will prepare…
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