Services
People
News and Events
Other
Blogs

Commercial Law

Due Diligence (cont)

  • Posted

Due Diligence (Part 2) What you need to do In the second part of this article we will be covering the scope of the investigation The scope of the investigation will need to cover various areas relating to the business and its affairs, for example: ...

Due Diligence

  • Posted

Due Diligence (Part 1) What is Due Diligence? A due diligence review is an independent investigation of the target business by the buyer and its advisers. In English law, the principle of “caveat emptor” or “buyer beware”...

GDPR - one year on it's not just all about emails

Ruth Smith
  • Posted
  • Author

What have the changes, if anything been for businesses – we look at what has happened in the past 12 months and what you might have to plan for the future It’s been almost 12 months since businesses were all panicking about GDPR , here is Q...

Directors' Duties - The do's and don'ts

  • Posted

  As a company director you are responsible for the day-to-day running of the business and accountable for its success or failure. According to the Companies Act 2006 (CA 2006) there are seven specific duties you need to observe: to act within...

Director Who Flouted Ban Given Jail Sentence

  • Posted

Ignoring a court ruling is a foolish strategy at any time – as a man who continued to act as a director after having been banned from doing so found recently. In 2011, the man had agreed to a four-year ban after being involved in the running of a...

Persons with Significant Control

  • Posted

One of the main objectives of Companies House’s ( CH ) business plan for 2018-2019 is corporate transparency. At the heart of CH’s business plan is the proper identification and accurate presentation of information relating to Persons with...

Deals Hotting up During Heatwave Summer at Pearson Solicitors

Keith Kennedy
  • Posted
  • Author

It’s been a summer of successful deals for the corporate team at Pearson Solicitors, who have recently completed the third acquisition in quick succession for award-winning telecoms and IT provider, Communicate Better, helping their expansion into new...

When is an "agreement" a legally binding contract?

Christopher Burke
  • Posted
  • Author

The question of whether or not your contract is legally binding can be straightforward when considering conventional contracts, however, there are circumstances in which greater scrutiny may be required in order to determine the (potentially) binding nature...

Should you open your business up to online reviews?

  • Posted

There has been a significant upturn in the number of businesses providing their customers with the opportunity to submit online reviews towards services and products. This platform has snowballed following the success of companies such as Amazon and Trip...

Is your business ready for the GDPR changes?

Keith Kennedy
  • Posted
  • Author

The General Data Protection Regulation is now in force as of 25 May 2018 and has introduced sweeping changes to the way that businesses and organisations can hold data and information, strengthening protection for individuals. Non-compliance with the new...

The importance of a Shareholders' Agreement- Can a majority shareholder force out a minority shareholder by amending company articles?

Keith Kennedy
  • Posted
  • Author

Minority shareholders may find themselves in the precarious position of being forced out of a company against their will. This can happen during disputes between a minority and majority shareholder, and in a recent case, it was ruled that a majority...

First successful prosecution for falsifying information on the company register

Christopher Burke
  • Posted
  • Author

A Warwickshire businessman has had to pay over £12,000 for falsifying information on the company register. The facts of the case In 2013, Kevin Brewer incorporated John Vincent Cable Services Ltd, and appointed former business secretary and current...

What to do if you have been issued a County Court Judgment (CCJ)

Asa Cocker
  • Posted
  • Author

If you have been served a County Court Judgment (CCJ), it may have occurred without your knowledge due to unfair practices. There are actions you can take to defend yourself from such sharp practices ahead of potential governmental changes to how CCJs...

Lessons from the Cambridge Analytica issues - and the need to prepare for the General Data Protection Regulation

Keith Kennedy
  • Posted
  • Author

  If you have been following the news recently, you’ll no doubt have heard of “Cambridge Analytica” (CA). CA is alleged to have ‘mined’ information from Facebook users without consent and used it for various purposes. ...

GDPR Checklist - What must you do before 25 May 2018?

Keith Kennedy
  • Posted
  • Author

The General Data Protection Regulation (GDPR) will come into force in the UK on 25 May 2018. With little more than two months to go before the new regulation comes into force, do you understand how your rights and obligations will change in relation to the...

10 New Year's Resolutions for Directors and Business Owners

Christopher Burke
  • Posted
  • Author

Most people are back at work after the Christmas break and many have returned with a clutch of new year’s resolutions. Popular choices include healthy eating, getting fitter or spending more time with your family. Or maybe you’ve focused on work...

Businesses Still in the Dark About GDPR

Keith Kennedy
  • Posted
  • Author

With only six months to go until the new GDPR come into force, alarmingly many businesses are still unaware or unprepared for the regulations - Brexit or no Brexit, businesses will still have to comply. Following the research of more than 500 UK businesses...

Local Banker Joins Law Firm as Firm Strengthens Commercial Team

Keith Kennedy
  • Posted
  • Author

An innovative and bespoke service combining business banking advice, law and extended financial planning services under one roof has been launched by Oldham Law Firm, Pearson Solicitors and Financial Advisers. Former Corporate Banker, David Meredith, has...

Top tips to Improve Your Business Over Summer

Christopher Burke
  • Posted
  • Author

Summer's here - and we have some top tips for you to consider if your business is quiet over the holiday period. If your business is quieter over the summer months, use the time to review your business procedures and do some housekeeping....

Professional Oldham Celebrates 1 Year Anniversary

Suzanne Wright
  • Posted
  • Author

It’s now a year since the formation of the Professional Oldham networking group and over that time it’s been great to see the group go from strength to strength. The aim throughout has been to introduce some quality networking, some amazing and...

Top Accolade & Bumper Year of Business

Joanne Ormston
  • Posted
  • Author

Law Firm, Pearson Solicitors and Financial Advisers have this month reported a record 28% growth of the business and on top of that have secured the Law Society’s legal practice quality mark, Lexcel for the 15th consecutive year. Highest growth areas...

Pearson's on-going support for Action Oldham

  • Posted

Our support for Action Oldham is on a bit of a roll at the moment. As I write, we are just a few pounds away from reaching our £1000 target in our #zipwire challenge. Karen Piontek, Ian Wolstenhulme, Jade Hegarty, Rosie Aldcroft and Marie Pauley are...

Solicitors and Staff Scale Snowdon for Charity

Ian Wolstenhulme
  • Posted
  • Author

Our support for Action Oldham is on a bit of a roll at the moment and about to hit its highest peak as we set off to Snowdon. Thanks to the generosity of clients and friends of the firm we have recently reached our £1000 target in our #zipwire...

Can you help us raise £1000 in 3 weeks for Action Oldham?

  • Posted

In a moment of Twitter madness, I agreed to join Ian Wolstenhulme, Rosie Aldcroft and Jade Hegarty on the zipwire at Zip World on 14 May. And not just any zipwire – it’s only the fastest and second longest! I have to admit my heart sank a little...

Business rates revaluation effective from 1 April

Keith Kennedy
  • Posted
  • Author

The next business rates revaluation will take effect from 1 April 2017. In the press release issued on 17 February 2017, the Government confirmed that: "The revaluation will make the system more accurate by ensuring business rates bills reflect the...

Do your homework before buying a property (Caveat Emptor!)

  • Posted

Beware the pitfalls if you are buying a property... and do your homework! This article is for those considering purchasing or leasing commercial property. Whether you are purchasing a property or entering a lease, it is essential to investigate your...

Who owns your company?

Keith Kennedy
  • Posted
  • Author

A company’s shareholders are the people who are registered as such in the company’s statutory registers. If statutory registers are not properly maintained, this can give rise to troublesome issues. A company’s records should show clearly...

Company Articles Triumph in Share Valuation Dispute

Keith Kennedy
  • Posted
  • Author

People tend to think of the articles of association of companies – and often shareholders' agreements – as matters of detail not warranting close attention. However, a recent case shows the importance of having up-to-date knowledge of such...

Thinking of borrowing to fund a share buyback?

Keith Kennedy
  • Posted
  • Author

Many companies make use of the provisions in the Companies Act 2006 (the “Act”) that allow a company to purchase its own shares. Typically, this procedure is used when one or more shareholders are exiting the company and the remaining...

Our new conveyancing FAQs

  • Posted

Are you house hunting? Have you got some questions about the conveyancing process? I recently blogged about what it was really like to move house. Those that followed that blog may remember I included added some notes explaining key words in...

Tips on protecting your business from cyber security breaches

Keith Kennedy
  • Posted
  • Author

Back in March 2015, the Government published a guide to cyber security for small businesses. It is worth a read... There are huge benefits in using information technology (IT) in your business – but there are also huge risks. Most businesses rely on...

Review your cash flow before Christmas

Christopher Burke
  • Posted
  • Author

Don't let debts fester over the holidays The last few weeks leading up to Christmas can be a frantic time. Whatever your business, there are sales targets to achieve, projects to finish and deadlines to meet. The extra pressure of dealing with these...

Client has Specsavers in her Sight

Keith Kennedy
  • Posted
  • Author

Pearson’s corporate & commercial team have advised on recent deal involving the acquisition of three Specsavers stores. Amanda Pedder turned to Pearson’s Keith Kennedy for advice when she wanted to acquire shares in three stores from the...

The Autumn Statement, November 2016 (employment perspective)

Susan Mayall
  • Posted
  • Author

Philip Hammond's Autumn Statement  contained a raft of measures with ramifications for those dealing with employment issues. There have been some fairly gloomy reports in the press including "Worker prospects dreadful, says the IFS"...

INSIGHT: In Business With a Friend? Don't Dispense With Formalities

  • Posted

When entering into a business partnership with someone you also consider to be a soulmate, putting in place formal agreements with them can seem inappropriate. However, personal relationships can turn sour and, in one case, the equity in a buy-to-let...

Professional Oldham hosts networking at historic chapel

Suzanne Wright
  • Posted
  • Author

NEW networking group Professional Oldham holds its second gathering on Thursday, October 13, at George Street Chapel events centre, from 6pm to 8pm. Guests will be shown around the unique Grade II* listed building at 58-65 George Street in Oldham town...

INSIGHT: Firms Urged to Get Involved with the Oldham Business Awards

Keith Kennedy
  • Posted
  • Author

It’s that time of year again, a time for Oldham businesses to take stock, look at what they do well, how they have performed in the past year and then enter the 2017 Oldham Business Awards. At a launch event recently we heard from previous winners,...

INSIGHT: Disloyal Director Pays Price for Serving Her Own Agenda

  • Posted

Directors are under a duty to act in good faith and to do all that they reasonably can to promote the success of the companies they serve. Breaching those obligations can be costly, as one businesswoman found out after the High Court ruled that she had...

INSIGHT: ICO Warns Rogue Directors Not to Expect an Easy Ride

  • Posted

Not all action against directors when a company goes broke is initiated by the Insolvency Service. Recently, the Information Commissioner's Office (ICO) issued a warning to rogue directors that it will take strong measures to enforce the payment of...

Heading for a Brexit... a Summer of conjecture?

Keith Kennedy
  • Posted
  • Author

  This article comments on what is needed to effect the UK’s exit from the European Union – and how the political events of the last month affect that process. It's been over a month since the EU Referendum’s...

A checklist: what can businesses do to prepare for a Brexit?

Christopher Burke
  • Posted
  • Author

What can you do to prepare for a Brexit? Keep tuned in to what the government is doing to leave the EU – and what effect their decisions might have. Talk to your staff – particularly if they are non-UK residents. Theresa May...

Growing concern about privatising the Land Registry

  • Posted

The Land Registry is a long established institution whose function is to register the ownership of land and property in England and Wales. The register plays a valuable role in preventing fraudulent property transactions. Those who have bought or sold a...

INSIGHT: What effect might the Brexit have in the workplace?

Susan Mayall
  • Posted
  • Author

Susan Mayall looks at how employment laws might be affected by the UK’s vote to leave the EU. (This is an updated version of Susan’s article of 21st June.)   A substantial element of the UK’s employment laws come from the...

INSIGHT: What might the Brexit mean for your business?

Keith Kennedy
  • Posted
  • Author

Now that the UK has voted to leave the EU, we take a look at some of the possible effects of the so-called Brexit on UK businesses. 24th June 2016 Within hours of the EU referendum’s “ Leave ” result, David Cameron had stated his...

INSIGHT: A Brexit it is then! What now?

Christopher Burke
  • Posted
  • Author

So there it is! The UK have voted to leave the EU. It’s the end of era – or will be once the government negotiates how the Brexit will actually work. We’ve set out below a few key points for businesses and some basic guidance on what to do...

Professional Oldham Networking Group Launches in Oldham

Suzanne Wright
  • Posted
  • Author

A NEW networking group is launching in Oldham, aimed at local business-owners, consultants and professionals. The group is called Professional Oldham and has been launched by representatives of firms including Pearson Solicitors and Financial Advisers,...

Dealing with court claims or County Court Judgments (CCJs)

Christopher Burke
  • Posted
  • Author

Have you received a court claim form document or a County Court judgment (CCJ)? If yes, take action. Don’t just ignore the documents. Receiving any court document can be a daunting and unnerving experience especially if you are unfamiliar...

Leave or remain in the EU? Have your say!

Michael Pitt
  • Posted
  • Author

With less than a week to go before the UK votes in the European Union (EU) Referendum, the polls are changing on a daily basis. At the time of writing this article, the “ Leave ” campaign appeared to be pushing ahead: see the  Ipsos MORI...

INSIGHT: Some tips for handling contract negotiations

Christopher Burke
  • Posted
  • Author

Most businesses enter into contracts on a daily basis without even thinking about the process.  Office supplies, water/gas/electricity supply and coffee machines are supplied under contracts not to mention agreements with employees, consultants and...

INSIGHT: Contracts don't have to be in writing to be binding

  • Posted

  “You’ve got nothing in writing!” “There’s no contract!” “I didn’t sign a contract!” There is a common misunderstanding that contracts must be in writing and signed by all parties to be legally...

Court Upholds Challenge to Tender Process After Contract Signed

  • Posted

In a ruling which should be required reading for those who deal with public authorities, a company which claims that it was unjustly denied a nuclear plant decommissioning contract, following a flawed tendering process, had its hopes of receiving up to...

Small Businessman Beats BMW in Internet Domain Names Dispute

  • Posted

In the area of intellectual property ( IP ) law, the small firm has every chance of defeating the megacorporation , especially as regards ownership of domain names. In one case , which underlined the potential costs of failing to register Internet...

Emails Are Variations in Writing

  • Posted

It is normal for contracts to contain clauses which specify that variations in the contract must be made in writing. The nature of business is such that contract variations are relatively commonplace and this can cause difficulty if the paperwork fails to...

INSIGHT: Shareholders' Agreements - what every business person needs to know

Keith Kennedy
  • Posted
  • Author

Do you run a business as a limited company or are you thinking of setting up a company? Have you considered what would happen if you were to fall out with your fellow directors or shareholders? What is a shareholders’ agreement and why do you need...

INSIGHT: So called 'penalty' clauses in commercial contracts

Keith Kennedy
  • Posted
  • Author

In the recent case of Cavendish Square Holding BV v El Makdessi , the Supreme Court reset and clarified the rule on penalties, unanimously allowing the appeal from the Court of Appeal. Background Mr Makdessi founded a group of companies (the...

INSIGHT: Sale and purchase agreements: be careful what you agree to...

Keith Kennedy
  • Posted
  • Author

When contracting parties reach an agreement to buy or sell a business, but one party later realises that the terms are not ideal, the court will, generally speaking, hold the parties to the contract: it will not try to improve the bargain they have made...

INSIGHT: New regulations make it easier for companies to authorise and finance buybacks

Keith Kennedy
  • Posted
  • Author

New regulations, intended to reduce ‘red-tape’ for businesses and to clarify the applicable statutory requirements when undertaking a buyback of shares, were published earlier this year under The Companies Act 2006 (Amendment of Part 18)...

The Small Business, Enterprise and Employment Act 2015: legal changes for the attention of company directors

Keith Kennedy
  • Posted
  • Author

The Small Business, Enterprise and Employment Act 2015 received Royal Assent on 26 March 2015 and introduced a number of legislative changes, some of which came into force last month (October 2015) and others which will be phased in over the coming months....

INSIGHT: Corporate Appointment Bolsters Commercial Team at Pearson

Keith Kennedy
  • Posted
  • Author

Pearson Solicitors and Financial Advisers has added to its business services offering with the appointment of Keith Kennedy, who heads up the Corporate Commercial team. Keith Kennedy joins Pearson from city centre firm Berg and has over 14 years’...

Pension Freedom, food for thought in financial planning

Jonathan Beardmore
  • Posted
  • Author

Ever thought how much you would love that second hand Ferrari in retirement? How about a nice little fishing boat to use in the summer? All this would be possible if only you could access all of the money in your pension fund. Well great news, you...

INSIGHT: Rowham Set For Steely Future After Property Purchase

  • Posted

A Manchester-based steel supplier has secured its long-term future after purchasing a property at Trafford Park, thanks to the help of Pearson Solicitors. Established in 1979, Rowham Steel Products Ltd supplies mild steel, galvanised steel and zinc-coated...

INSIGHT: How to Get the Best Deal When Selling Your Business

  • Posted

There are all kinds of reasons for selling a business. It may be time to retire, move on to another venture, release capital from an existing business in order to focus on other interests, or you might just consider it the right moment in the growth curve of...

INSIGHT: Pearson Boosts Business Accounts by £1 Million

  • Posted

Our corporate and commercial team recently helped one of its clients to recoup outstanding debt of an incredible £1 million throughout 2014, making the vital difference to their commercial health. Pearson Solicitors has been instrumental in recovering...

Pearson Solicitors Boosts Business Accounts by £1 Million

Asa Cocker
  • Posted
  • Author

Pearson Solicitors has helped its clients recoup outstanding debt of an incredible £1 million throughout 2014, making the vital difference to their commercial health. Our debt recovery team have been instrumental in recovering debts from as small as...

INSIGHT: Are Your Articles Filed and Forgotten?

  • Posted

Remember when you first set up in business and took lots of legal advice to make sure that everything was properly established and above board? How long ago was that?  Chances are that your business has grown and changed since then, but many...

When are building works deemed to cause an actionable nuisance in law?

  • Posted

The Technology and Construction Court has held in Jones and another v Ruth and another that a builder who took more than four years to renovate a terraced house had caused a nuisance to his neighbours. The TCC considered the question of...