What will happen if somebody finds out that I have been running a company whilst disqualified? From time to time, my colleagues in our specialist director disqualification department will receive a new enquiry and the prospective client will ask: “What would happen to me if the Secretary of State found out that I was running a company […]
Can I act as a company director whilst disqualified? Read More »
Proprietary Estoppel – Can a promise made during your lifetime give rise to a claim against your estate? The Court of Appeal in the case of Habberfield v Habberfield ([2019] EWCA Civ 890) has sought to clarify the issue of proportionality in deciding the level of an award in proprietary estoppel claims. Claims for proprietary
Proprietary Estoppel – How reliable is a promise of a lifetime? Read More »
Oh dear. A company owes you money. They know they are supposed to pay you, but they’ve just gone silent. What is the quickest way to recover an undisputed debt like this? Generally, you have two choices: Commence a conventional debt recovery claim Depending on the amount you’re owed, you can take the debtor to
Why and how to present a Winding-up Petition Read More »
If your company owes money to a creditor, and you haven’t responded to their requests for payment, they might send you a Statutory Demand. This is not a formal court document, but if you ignore it the next step could be a Winding-up Petition. Why would they send a Winding-up Petition? A creditor might choose to
“Help! I’ve received a Winding-up Petition.” Read More »
It can be stressful when you find yourself involved in a business dispute, especially if you’re a partnership or SME. As business solicitors, we’ve resolved all sorts of business disputes. Here are some of the self-help measures you can take to avoid business disputes in the first place. Draw up proper agreements A small business is
5 top tips about business disputes, from a business solicitor Read More »
If you’ve received a Section 16 letter, it means your conduct as a director has been investigated by the Insolvency Service working on behalf of the Secretary of State, and they obviously think there’s a case to answer. It will be headed something like: ‘This is a letter pursuant to Section 16 of the Company
“Help! I’ve received a Section 16 letter!” Read More »
The court will not interfere in the matters of commercial judgment. Rather, the law looks at ‘unfair prejudice’. It difficult to claim something is unfair when all shareholders are treated equally. But if some or all members are treated differently, it can lead to a shareholder dispute. https://vimeo.com/794181745 You might be wondering about the different types
Common types of shareholder dispute Read More »
If you are a director of a limited company, you have a legal responsibility to be competent and honest. Businesses, consumers, and the Insolvency Service, rightly expect you to: Supply goods and services that have been paid for Keep proper company accounting records Send regular accounts and returns to Companies House Pay any tax your
What is director disqualification? Read More »
Shareholders can find themselves in dispute when one wishes to exit the business, the working relationship has broken down, or because another shareholder simply isn’t pulling their weight. Here’s a common chain of events when you’re involved in a shareholder dispute. You and your fellow shareholder might have started out as friends, so you might first
How to choose a shareholder dispute solicitor Read More »
When you’re dealing with director disqualification, it’s important to use a solicitor who specialises in the subject. Don’t try to do it yourself, or things could go even more horribly wrong. But how do you decide which are the best director disqualification solicitors to appoint? This article explores some of the things you should consider before you
How to choose the best director disqualification solicitors Read More »
