Using agents or distributors can be a great way to promote and sell your product in areas which might be difficult to serve otherwise, but finding a trustworthy and reliable agent is not always easy. Intellectual property (IP), such as trademarks,...
The Data (Use and Access) Act 2025 (DUAA) is a new law introduced by the Government, aimed at making it easier for most businesses to navigate the labyrinth of obligations relating to data collection, storage and use. The changes introduced by the Act will...
The Building Safety Act and a range of other safety-related regulations were introduced in the wake of the Grenfell Tower fire. The obvious focus is high-rise residential buildings, but the new rules actually have a wider reach. Some of the...
If you grant a lease for more than five years, you will want to include a rent review, so that you can make sure the rent does not fall below the market average. Rent reviews in UK commercial leases are usually ‘upward only’ which means the...
If your business is being taken to court by a business or individual, you will naturally be concerned about the legal costs you will need to incur - even if you are confident of successfully defending your position in the dispute. It is usual for whoever is...
Selling your shares in a small or medium-sized enterprise (SME) is a significant step, often marking a new chapter in your business journey. It is a process that involves a variety of complex legal and financial considerations, and it requires careful...
If a company wants to raise money by issuing additional shares then, under company legislation, it is obliged to offer these shares to existing shareholders first. If this does not happen, this can be a breach of a shareholder’s rights. Sometimes the...
Volatility in international markets and the rising cost of living may be forcing you to consider increasing the prices of your goods or services. However, getting your customers onboard with any increases will be a lot easier if your contract already allows...
If you have agreed a commercial letting but need to complete works before your tenant can move in, an agreement for lease is a useful way to make sure your tenant is tied in. It is a formal contract under which you and your tenant agree to enter into...
Disputes relating to IT contracts are on the increase, as technology infiltrates every aspect of business life. For many companies, their hardware, software or IT support services are their main line of business. However, in any business nowadays, a problem...
Acquiring a company , particularly a private limited company, is a significant milestone for any business owner. Financing a company acquisition can be a major undertaking, but with careful planning and the right professional support, it can be a rewarding...
Many businesses will be served with a statutory demand at some point in the life of the company. How you deal with that demand, can mean the difference between being able to continue to trade, and an abrupt end to the company. A statutory demand is often...
If you own a multi-unit investment property, the service charge is crucial because that is how you recover the cost of maintaining common areas and providing the necessary services. Landlords (and their managing agents) are under increasing scrutiny to...
Are you already using or considering using AI (artificial intelligence) in your business; whether in the form of product delivery to your customers or clients, or to help in the day-to-day administration of your business? Machine learning is fast...
For small and medium-sized enterprises (SMEs), effective contract management is essential for ensuring operational efficiency and legal compliance. Strong contracts lay the groundwork for successful relationships with suppliers and customers, and they...
When you are deciding how much you are prepared to pay for a commercial property , you must take into account any Stamp Duty Land Tax (SDLT) you will have to pay on top of the purchase price. Where SDLT is payable on a transaction, you must pay within...
For all professional negligence claims it is necessary to show that the professional owed you a duty of care, that this duty of care was breached in their dealings with you, and that breach caused you some actual loss. It is important to ensure you have...
As a small business, accessing finance with favourable terms can be hard and so you may consider agreeing to give a personal guarantee to a lender to help alleviate cash flow or fund the growth of your business. However, while a personal guarantee may allow...
Even when you have agreed the key terms of selling a commercial property and have settled the documents, last minute issues can get in the way and delay completion of a transaction. Not only is this frustrating, but it also delays the point at...
If informal discussions on a new business arrangement are looking promising, then a key step may be the preparation of a document to outline the ‘heads of terms’. This document records, in a series of relatively brief bullet points, the key...
When you enter into a commercial lease , your landlord will ideally want this to be on a full repairing and insuring (FRI) basis. This means that you will be responsible for repairing and maintaining the property leased and for reimbursing the...
Owning agricultural land and property requires legal safeguarding against common dispute issues related to flooding, defamation, boundary disputes, and many other factors. Farmers are advised to seek legal guidance for effective ways to navigate these...
Social media contests have become a popular way for businesses to engage with existing customers, drive up new user participation, increase brand visibility and to foster new sales through marketing data and analysis. However, running a successful campaign...
Losing a key senior employee is a headache for any business. In addition to having to replace them and manage the transition, you may have concerns (or even information) that the departing employee is planning to set up in direct competition or aims to poach...
When you are buying commercial property and get to completion day, you will be expecting to pay the purchase price and walk away with the keys. In fact there are usually other sums to take into account as well, and you may need to find more than just...
In such a competitive economic environment, never has it been more important to secure maximum benefit and best value for money on all your supplier contracts . Robust contracts that add value to your business do not happen by chance – they are the...
The ability to communicate ‘without prejudice’ is an invaluable tool when negotiating and trying to settle a dispute. It means that anything you say to your opponent in a dispute, which you specify to be said without prejudice, cannot be used to...
Commercial property accreditations – will they make your property more attractive to buyers and tenants? As awareness of green issues and sustainability grows, we are seeing more interest in the range of formal accreditations which building owners and...
Starting a company? If so, one of the first steps required under the Companies Act 2006 will be to agree your articles of association, but do you also need a shareholder agreement ? If your company has two or more shareholders, it may be prudent to consider...
If you rent your business premises, part of the rental agreement will almost certainly involve an obligation to pay a service charge to your landlord for whatever works may be necessary to maintain the premises up to a certain standard. However, disputes can...
When your commercial landlord grants you a lease, you can expect to use the property to carry on your business without interruption. However, your landlord may want to carry out works to adjoining property, so the lease will set out when and how this...
If you are a partner who is planning to leave your partnership, you will want to ensure that the departure process is as seamless as possible whilst protecting your personal interests. Whether expected by your colleagues, such as via succession planning, or...
Business succession planning is essential for ensuring the long-term success and stability of a family-owned business. The structure of the family business is at the core of a business’ succession planning. The structure of the business and the...
As a director of a limited company, you can trade with the privilege of limited liability. As a result, you also have to be mindful of the many duties you have to everyone you deal with on a day-to-day basis. A director of a company in financial difficulties...
Launching a new consumer product is exciting, with a great deal of attention going on the branding, packaging, and every touch point of the consumer experience. But behind the scenes, it is important to pay just as much attention to the legal issues if...
If you are selling your business, the buyer will want to know all about any commercial property the business owns or occupies. The issues will be similar to those that would come up if you were simply selling the property, but there are some key...
The autumn budget came as a shock to many farmers, who may now face a significant Inheritance Tax bill if they pass away after the 6 th of April 2026. From that date, the 100% Business Property Relief (BPR) and Agricultural Property Relief...
Several measures announced in the Autumn Budget will affect businesses, and this serves as a timely reminder to review and update plans for your business. As a company director, the subject of business governance should be at the forefront of your mind. By...
The rules regarding succession of Agricultural Holdings Act 1986 (AHA) tenancies has recently changed, with the new rules taking effect on 1 September 2024. To succeed an AHA tenancy, it must first be ascertained that the tenancy benefits from succession...
The idea of ‘green’ leases for commercial property is rising up the agenda as policies push all parts of the economy towards net zero, but many commercial landlords and tenants do not really know what a green lease should contain, and who should...
Within family partnerships, it is common for partners to find it difficult to discuss what should happen in the event that a partner leaves the partnership. However, as the following case sadly demonstrates, this only stores up problems for the future. The...
The way goods and materials are bought and sold in the UK has changed beyond recognition over the last 25 years, with the supply chain and end customers expecting speedy delivery. This has created new demand for logistics and distribution sites, ranging from...
If you rely on the supply of packaging from a third party, you may be at risk in a number of ways. Does the quality meet your brand standards? Do the materials fulfil the environmental specification? How much wastage is acceptable? Will you suffer a...
Working together with another farmer, by combining resources and sharing risks, can have various benefits for each party. For example, it could enable a farmer to take a step back from day-to-day activities whilst providing an opportunity for new entrants...
With the rise of the digital era and advances in technology, we have seen and will continue to see growth in the use of electronic contracts to conclude legal agreements between parties. While there are advantages in terms of speed and remote access, there...
If you are involved in a business dispute, then it is sensible to try to resolve the matter as quickly and cost-efficiently as possible to avoid or reduce the chances of having to go to court. Taking advice at an early stage from a solicitor who is...
If you get planning permission for the development of a site, it now comes with an obligation to ensure that there is a net gain in biodiversity. The statutory obligation is to demonstrate a minimum 10 per cent increase in biodiversity after the development...
The dairy sector plays an extremely important role in UK agriculture. Its success is underpinned by countless relationships between farmers and processors. However, there are instances where these relationships have not been constructive, and the vulnerable...
As a minority shareholder in a business, you may be frustrated with how the directors are running the company and, in particular, with how much they are taking from the business as salary as this has a direct effect on your dividends. If the majority...
If your business requirements have changed, and you need to get out of your current lease, a surrender can be an attractive option - as long as your landlord is willing to agree. Alternatively, your landlord may want the property back for redevelopment...
The Levelling Up and Regeneration Act 2023 will give local authorities new powers to hold rental auctions of empty high street properties if landlords do not find tenants for themselves. The relevant parts of the legislation are not yet in force, but ...
Owning and managing a business in the 21 st century usually involves a significant degree of reliance on information technology, almost regardless of sector or industry. The extent of this reliance is ever increasing with each passing year, with many...
Cattle have been at the heart of the English countryside for over a thousand years. They have provided vital sources of food, leather and power for generations and have shaped the landscape fundamentally through the process of grazing. You cannot walk along...
A contract is often compared to an insurance policy; you hope you never have to make a claim. Similarly, you hope you will never need to consult a commercial contract because things have not been going to plan. Of course, if a dispute arises, the contract...
If you are considering buying a commercial property , it is up to you to find out as much as possible about the property and the surrounding area before you commit yourself. You will need a solicitor to carry out formal searches of public data and...
Yours or mine? Hedge your bets Gazing over the rolling countryside, it is common to be immediately aware of the obvious boundaries between parcels of land. Whether it’s stone walls, hedges, natural ditches or fencing; the boundaries tend to be...
The most successful commercial landlords take an active approach to managing their properties, and there is more to this than making sure the building is well-maintained. It is also important to check that your tenants are not causing a nuisance to others or...
Imagine a contract you entered into is not going as expected and you want to terminate. All you want is to get out of this contract but, if not terminated properly, this could end up causing you more issues than necessary. Ending a contract cleanly is,...
If you have been presented with an opportunity for a potential management buyout (MBO) at the company where you work, and you believe there is a strong future for the business, then one of your first and most pressing considerations will be the funding. ...
If you take a lease of business premises, your landlord may ask you to ‘contract out’ of statutory rights that apply to business tenancies. Before making that decision, you need expert legal advice to understand what rights you are giving...
Whether it’s a house, an office building, farmland or other type of property, where it’s occupied by somebody other than the owner, it’s in the interests of both parties that the terms under which it’s occupied are clear and...
As a business owner in partnership with others, you probably took great care to consider the key issues and agree a carefully worded partnership agreement at the formation of your business. But once signed, has this important document been filed away...
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 with a route to market, giving you access to new customers without...
When appointing a new supplier there is often a dilemma over the issue of confidentiality. How do you strike the balance between sharing enough information to obtain the best deal without jeopardising confidential business information? It is...
If you are planning to sell your business to your management team, agreeing the terms of the deal is just the beginning. It is vital that you manage the management buyout (MBO) process from start to finish as you would any major project. At each stage there...
In challenging economic conditions, commercial property landlords must be prepared for tenants to hit financial difficulties and for some to go out of business. If your tenant becomes insolvent, there are legal restrictions on the kind of action you...
As the cost of living has bitten, the crime of fly tipping has also increased as more and more people, rather than paying the disposal costs of removing waste though legitimate means, dump it on the fields, tracks, gateways and woodlands of our countryside....
While some business transactions are quick and simple, many involve protracted negotiations as you shop around for the best provider of goods or services and negotiate hard to get the best terms and conditions. Some businesses in your supply chain may have a...
Crombie Wilkinson Solicitors has a free prize draw where 2 people* have the opportunity to each win a pair of tickets to the Kaleb Cooper tour night at the Barbican in York on 1 February 2024. UPDATE AS OF 6 DEC 2023 - the winners have been drawn and...
A full repairing and insuring (FRI) lease is one that places the responsibility of repair and maintenance of the premises onto the tenant. The tenant may undertake them directly or they may contribute to their cost by way of a service charge. The tenant must...
In a bumpy market, it pays to be well-prepared before you put your commercial property on the market. Your solicitor will help you to be ready for the kinds of questions you should expect from prospective buyers as they and their solicitors carry out due...
Commercial landlords are increasingly keen to show that their buildings are sustainable. With energy prices high and continuing uncertainty in the global energy markets, producing renewable energy on commercial buildings is more attractive than ever....
When you communicate with your lawyer, it is vital that those communications remain confidential, especially if your business is heading towards a dispute with another company that could end up in court. Equally, where evidence and information is gathered...
Indemnities and limited liability clauses are often the most negotiated provisions in business contracts. It is a fine balance between agreeing appropriate risk and allocating protections, while at the same time remaining reasonable in order to conclude the...
As a commercial tenant, what are your options for ending your lease early? There may be circumstances in which you wish to terminate your lease prior to the end of the period for which it was granted. This can be for several reasons, including if you...
It is common knowledge that it can be difficult for young farmers to get a foothold in agriculture, and with the average age of farmers in this country just under 60, at the other end of the scale, it can be difficult for those farmers looking to retire to...
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 common aim. Over the years people and priorities can change and no longer...
Turnover rents are increasingly common in retail lettings. In challenging times, they appeal to tenants because both the landlord and tenant share the risk of trade being adversely affected by the state of the wider economy. Landlords would...
If your tenant defaults on the rent or breaches their commercial lease in some other way, you may be able to call on a former tenant or a guarantor to pay arrears or remedy breaches. This will only be possible if you follow the correct process and act...
All properties in England and Wales can be registered with the Land Registry. If it’s not, then you can apply for first registration. This is simply the process of registering your land or property with the Land Registry. The Land Registry holds a...
A company’s ‘ESG’ rating is an increasingly important factor when others make decisions to invest or do business with it, with ESG referring to ‘environmental, socio-economic and corporate governance’ factors. Stakeholders will...
If you are a business tenant, a break clause in your commercial lease gives you valuable flexibility to move out if circumstances change, but the law on break clauses is full of traps for tenants. If you want to be certain of ending your lease...
When a business becomes aware that a potential legal claim may be heading its way, then it could be tempting for senior people to decide to destroy or alter key evidence which might be ordered by a court. For example, a court might request copies of...
If you own a commercial property which is larger than you need, selling part of it could be a good way to release value. Before you start, it is vital to have a clear idea of how the division will work from a practical point of view. This will ensure...
What could be simpler than allowing a friend, neighbour or a third party to use your field for grazing their animals? It is not as straightforward as it may seem and there are a number of different issues to consider, the first of which is whether you are...
Where there is a good cultural alignment, a merger can offer numerous benefits to two smaller partnerships, particularly in terms of sharing costs and resources, and access to economies of scale while potentially also reducing competition. ‘There are...
While social media can be hugely beneficial for many businesses, it is not without its problems. Organisations have had to adapt to deal with unfavourable reviews, account hacking, data protection breaches, fake accounts and impersonation, use of their brand...
Many would-be investors are drawn to commercial property. Even in times of economic uncertainty, people like the idea of investing in bricks and mortar which can feel more real than a purely financial investment. A commercial property can be the...
Whether negotiating a new commercial lease, or renegotiating an existing one, it is important to plan ahead and be clear about your desired outcomes and where you have flexibility to compromise. Your negotiating position will be influenced by the...
Investment in another business may be part of your business growth strategy, especially if you operate in the same market or supply chain. Acquiring a slice of the pie through the purchase of shares is one way to secure such an investment and may seem...
More than half of the farmable land in England is farmed by tenants and as such, tenant farmers clearly play a crucial part in our food production and land management. This has been recognised by a review that has recently been carried out by an independent...
If you own land which may have potential for development, or you have already been approached by a developer, the chances are you have considered the pros and cons of a promotion agreement. This can be a great way for a landowner to benefit from a...
If you want software that is unique to your business, and which is specifically designed to meet your operational needs, then the commissioning of a bespoke solution is almost certainly the way to go. However, to ensure that your vision marries up to what is...
Early-stage businesses often struggle to secure cost-effective funding and sometimes it may be tempting to look to alternative solutions, such as crowdfunding. It can serve different purposes all at the same time: raising capital, marketing, engaging...
BT handled over 33 million 999 calls last year, of which a significant number would have led to the emergency services attending business premises. An emergency can arise from many foreseen and unforeseen situations, the most common being fire, flood,...
If you have some land or buildings which are currently unused, you might consider allowing someone else to occupy the vacant area. Even if the arrangement is fairly informal, we always advise clients to take advice at the outset as to the most appropriate...
In a world where green space is increasingly valued for its role in fighting climate change, it makes sense to reuse previously developed sites, often referred to as brownfield land. It may be easier to get planning consent to develop brownfield land...
‘With great power comes great responsibility.’ This is an old adage that some say dates back to the first century BC, and which is as relevant today as it was at the time it was first conceived. It is particularly relevant in the context of...
If you need a cash injection for your business to help with growth costs, or to fund the purchase of plant and equipment, diversification, or expansion, then you will need to think carefully about the finance options open to you and their potential pros and...
Legal Update: The Register of Overseas Entities came into force on 1 August 2022, with the aim of making UK property ownership by foreign companies and entities clearer and more transparent. Generally speaking, foreign companies and entities who own, intend...