Commercial contracts: It’s a mistake – but what then?

Commercial contracts: It’s a mistake – but what then?

Where a mistake has been made during the course of formalising commercial contractual arrangements, when will the court be prepared to rectify it and on what basis? Rectification takes place when the court amends the terms of a legal document which does not accurately...
New FCA Guidance on Cryptoassets

New FCA Guidance on Cryptoassets

Cryptoassets such as Bitcoin and Litecoin have been on the radar of the Financial Conduct Authority (FCA) for some time. The FCA has urged consumers to be cautious and has recently published useful guidance on cryptoassets and regulatory issues. Cryptoassets (also...
Economic duress and bad faith

Economic duress and bad faith

Businesses may avoid a contract on grounds of economic duress, but there has been legal uncertainty as to the circumstances in which a contract will be held to have resulted from a threat of a lawful act or omission.  So in what circumstances can it be invoked?   The...
No contract? Proceed with caution

No contract? Proceed with caution

Most businesses and entrepreneurs appreciate the importance of having a contract drawn up in writing. However, the commercial reality is there are cases where formalising the terms does not happen before one of the parties carries out their part of the bargain. But...
What are statutory registers?

What are statutory registers?

Under the provisions of the Companies Act 2006 (the CA) all companies and limited liability partnerships (LLPs) must keep a set of registers which are available for inspection. The regulations as to who has a right to inspect the registers or receive copies, the...
Buy-back of shares in a Private Limited Company

Buy-back of shares in a Private Limited Company

When might a company wish to buy-back its own shares? A company may, under the provisions of its articles of association or under the provisions of its shareholders agreement, set out within the transfer provisions that on any proposed transfer of shares or on certain...