We think it's important to not just tell you what we can do... but to show you what we have done for other businesses and business people.
Starting a business
- Taking instructions from a group of five individuals brought together to form a new company. These individuals were bringing together different strengths, skills and experience; some had worked in a similar sector. All wanted to set up a new business to take advantage of new opportunities. We advised on some of the practical aspects involved in the negotiations including setting up the business, structure and organisation. We provided:
o A Shareholder’s Agreement
o An Acquisition Agreement
o New Terms and Conditions of Trade
o A non-disclosure Agreement
o We also reviewed some of the commercial contracts with third-party suppliers
- Advising group of individuals on the proposed structure for their business (See individual case studies) and on shareholders agreements, reviewing draft terms of business.
- Advising those who have just left employment on the potential impact of restrictive covenants.
Running a business
- We have advised several companies on a variety of issues, both contentious and non-contentious, many of which are summarised here, but particularly in connection with shareholdings, commercial contracts, buying and selling businesses , IP, employment issues and business disputes.
- We provided advice to a company, hoping to purchase a large item of industrial equipment from a liquidator of another company, as to the possibility of their purchasing the intellectual property rights also held by the liquidator. These rights included trademarks, copyright in certain printed materials and design rights in the engineering drawings. Drafting an assignment of these rights. Subsequently advising on the steps to be taken to protect these rights.
- We acted for an organisation operating in the health sector on the terms of a substantial contract for primary medical care services for a GP surgery from the PCT.
- Have drafted and varied partnership agreements for a group of General Medical Practitioners.
- Have acted on or advised in connection with the sale or purchase of shares or assets for a variety of businesses including freight forwarding, curtain making, property agency, website marketing, employment agency, employee surveys, wholesale fruit and vegetables, IT support, radio station, chiropractic clinic, accountancy business, consultancy business.
- We acted as a mediator in connection with a complex intellectual property dispute, arising because the purchaser of a business failed to obtain a licence to use the software essential to the running of the business. This involved resolving issues relating to the ownership of the copyright in the software, the nature of the licence, the effect of the Sale Agreement and as to the nature and effect of the conduct of both parties. We achieved a successful resolution.
- We represented a business in mediation involving a claim for compensation for breach of a restrictive (non-solicitation) covenant.
- We acted as a mediator in a dispute between a substantial financial institution and the purchaser of a large motor cruiser.
In addition to many of the above examples...
- We successfully defended a claim for the forfeiture of a lease made against a substantial company. We also advised on a related shareholder dispute.
- We advised a company about the options available in pursuing former employees who had taken confidential information on departure.
- Successfully enforced restrictive covenants against a former employee and obtained a judgment for compensation
- Have advised on partnership disputes and conducted these to try and resolve differences; often there is no written partnership agreement.
- Have represented shareholders in disputes with another shareholder most of which were eventually resolved by the purchase/sale of shares from one to another and associated compromise and other agreements.
- We have advised on or acted in a wide variety of different types of commercial contract disputes both pursuing and defending claims for breach of contract arising from a variety of supply contracts e.g. for the installation of a lift; in respect of allegedly damaged display cabinets; compensation for a Heidelberg Printing Press which was not of satisfactory quality; for the sale of Christmas trees; for the sale of timber; the allegedly defective installation of central heating; the recovery of royalties; for the price of furniture sold; for a temp to permanent employee fee; web design contract
- We have advised on or acted in connection with a wide variety of property disputes including forfeiture proceedings, claims for arrears of rent, trespass and boundary disputes, return of deposit on cancellation of contract; alleged misrepresentations over the sale of land
- Have advised in connection with other contentious issues such as allegedly defective procurement processes; prosecution for breach of the legislation concerning Houses in Multiple Occupation
- We have represented both employees and employers in claims for unfair dismissal
Individuals within businesses
- On several occasions we have advised several new business owners who have recently parted from their former employers about the nature and effect of the restrictive covenants in their contracts. Negotiating with the employers to avoid the issuing of injunction proceedings.
- We advised a director of a company served with an injunction alleging fraud.
- We successfully obtained compensation on behalf of an individual who had potential claims to be an employee or a commercial agent
- We have advised individuals seeking the return of monies loaned to business enterprises.
- We have advised shareholders on a potential claim against a director of the company for breach of director’s duties leading to losses suffered.
- We have drafted consultancy agreements; salaried partner agreements, shareholder and partnership agreements
- We provided advice to an employee on a claim for unfair dismissal arising from a series of actions on the part of the employer, that amounted to constructive unfair dismissal. We successfully negotiated satisfactory compensation.
- We advised individuals who were suing a former solicitor for failing to register title causing delay in subsequent sale.
- We advised a partner on the options available to him in circumstances where the relationship with his partner had broken down but where there is no written partnership agreement.
We have advised or acted in many situations including the following:
- Companies having claims against their insurance brokers, for failure to ensure that all insurance requirements were met or that they left a gap in cover
- Numerous claims for professional negligence against solicitors, for poor litigation advice leading to losses; for failing to ensure that all necessary land was included within the purchase.
- Claims against surveyors for failing to detect dry rot or other defects.
- Claim against accountants for having failed to advise properly in connection with a tax investigation.
- Claims against IFA for inappropriate advice on investments, or inappropriate investment.