Advantages of a Joint Venture

Most business people are familiar with basic legal structures such as partnerships and limited companies. They are usually also aware of the pros and cons of a choosing a particular corporate vehicle whether it is for tax or liability reasons. A lesser understood concept is the joint venture. Although more complex in terms of legal and business relationships; in the right circumstances, joint ventures can present a number of advantages.

Due Diligence in Commercial Transactions

Whenever businesses look to acquire another business or to pursue a joint venture with another business, detailed due diligence is vital. With 'buyer beware' the starting premise, it is critical that acquirers or joint venture partners carry out sufficient investigation into the other party to know what they are getting before they complete a transaction. Thorough due diligence before-hand can help avoid unpleasant surprises and, more importantly, avoid the cost and damage of subsequent disputes or claims - particularly important if there will be an ongoing relationship.

Navigating Pothole Claims

The latest cold snap is a reminder of just how harsh our recent winters have been and how much havoc they cause road users. The pothole menace that ice and snow leaves behind on roads and pavements can cause considerable harm to pedestrians, vehicles and their occupants.

Minority Shareholders: The Unfair Prejudice Remedy

Sections 994 to 996 of the Companies Act 2006 provide a mechanism for aggrieved shareholders to bring a court action against their company. Such claims are often brought against smaller, non-public companies by minority shareholders who feel that the company's affairs are being conducted in a manner which is unfairly prejudicial to them. The basic process requires the aggrieved shareholder to petition the court for relief. The courts have wide and flexible powers to grant relief according to the circumstances of the particular case.

Loans to Directors

Directors' Loans: when are they permissible?

If directors wish to take loans from their company or use their company for other types of credit transactions, certain procedures must be followed. As a general rule, approval of the company's shareholders is normally required but there are exceptions. If a necessary resolution of shareholders is not passed then the transaction is voidable at the instance of the company and directors may be liable for any gains made. However, a transaction may be affirmed after the loan occurs if done within a reasonable time.

Rises in Motor Insurance Costs Attributed to a Growth in Personal Injury Claims

Motorists in the U.K. are likely to face a 40% increase in their insurance premiums this year, as the number of people claiming personal injury compensation continues to soar. This is despite recent Department for Transport figures which show that the number of people killed or injured on Britain's roads over the past decade has dropped by almost a third.

Whiplash Claims Sparks Political Reaction

Personal injury lawyers play an important role in ensuring that people are properly compensated when injured in accidents. Making sure that people have access to the right medical treatment and financial support following a car crash, for example, is a matter of public interest.

Strong Case for Assisted Suicide Law Reform

The Commission on Assisted Dying, chaired by the former Lord Chancellor Lord Falconer, has suggested that there is a strong case for a change in the law.

Litigation: Offers to settle under Part 36

What is a Part 36 Offer?

In the context of litigation, for example, a civil dispute or a commercial dispute which is before the Courts, a Part 36 offer is an offer by one of the parties to settle the litigation prior to a hearing and decision by a Judge or decision-maker.

Intellectual Property Solicitors: Rollingsons Wins a Domain Name Transfer under the WIPO Dispute Resolution Policy

Rollingsons' client was recently awarded a successful decision in a domain name dispute. The dispute was decided under the Uniform Domain Name Dispute Resolution Policy (UDRP). The UDRP has been created by WIPO (the World Intellectual Property Organisation) to set out a legal framework for the resolution of disputes between a domain name registrant and a third party over the abusive registration and use of a domain name.

Debt Recovery: Statutory Demands and Bankruptcy

It's a business reality that invoices and debts are not usually paid immediately. One reason is that businesses have monthly account payment cycles and a few weeks' delay is normal. However, there may be occasions where you are dealing with a business debtor and you have serious doubts about their intention to pay. You can spark the debtor into action with a statutory demand. This is a very effective debt recovery tool because debtors can be made bankrupt if they ignore a statutory demand.

Calling Company General Meetings under the Companies Act 2006

There is often confusion about who can call general meetings of a company and in what circumstances. Both directors and shareholders have the right to call a company general meeting but the requirements and procedure are different in each case.
Directors