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The Future Of Employment Law Under Our New Labour Government
The Labour Party's election manifesto proclaimed that employment law in Britain is no longer fit for the modern economy. In May 2024, Labour detailed its plans to "make work pay" by delivering a "new deal" for working people within the first 100...
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Cloudy Skies: An In-Depth Look at the Landmark Trade Mark Dispute Between Sky v SkyKick
After 7 years of litigation, in June 2023, Sky v SkyKick reached the Supreme Court, raising fundamental questions about the scope of trademark protection and the concept of "bad faith" trademark registration. While we continue to wait for a...
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Event
15
Agency Essentials: A Principal’s Guide to Commercial Agency Law
Join us at our upcoming dispute resolution webinar, 'Agency Essentials: A Principal’s Guide to Commercial Agency Law'. Partner Suzanne Carr and Senior Associate Robert Brothers , specialists in commercial agency law , will explore crucial topics...
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25
The Shareholder Edge: Navigating Shareholder Rights and Disputes
Join us Thursday, 25th June 2024, in person at our office or virtually via our online live stream!
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Umbro Counter-Attack: Court of Appeal Reverses High Court Decision in Umbro Trade Mark Infringement Case
The legal saga surrounding Umbro's iconic "double diamond" logo took a decisive turn recently. The Court of Appeal overturned the High Court's ruling and found that the Umbro brand was in favour, holding that Dream Pairs' logo infringed upon the...
Read Blog![Unfair Prejudice Case Spotlight: Re Cardiff City Football Club (Holdings) Ltd [2022] EWHC 2023 (Ch)](/assets/Uploads/Unfair-Prejudice-Case-Spotlight-Re-Cardiff-City-Football-Club-Holdings-Ltd-2022-EWHC-2023-Ch-v2__FillWzgwMCw0NTBd.jpg)
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Unfair Prejudice Case Spotlight: Re Cardiff City Football Club (Holdings) Ltd [2022] EWHC 2023 (Ch)
As a minority shareholder, where the actions by the board of directors are unfairly prejudicial towards you, you may be entitled to bring an action under s994 of the Companies Act 2006 ( the Act ) . In recent cases, the courts have adopted a...
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Commercial Agency Update: Implications of the Retained EU Law (Revocation and Reform) Act 2023
In May 2023, the UK Government changed its plan to revoke all EU-derived laws, which would have included the Commercial Agents (Council Directive) Regulations 1993 (the Regulations ). The Retained EU Law Bill prescribed a targeted list of 600...
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Enforcing a Money Judgment by Taking Control of Goods
In our previous blog , we provided a summary of enforcement options once a judgment is obtained from the court. In our next series of business debt recovery blogs, our dispute resolution solicitors will provide more information about these...
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Does an Agent Acting for Competing Principals Lose Their Entitlement to Compensation?
The Commercial Agents (Council Directive) Regulations 1993 have provided agents with significant protection since their establishment. On termination of an agency agreement, principals are often required to pay significant termination payments by...
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Succession Planning and Shareholders Disputes
Succession planning is a crucial aspect of managing a limited company. It involves carefully considering the future of the business and the ownership structure in case of unforeseen events, such as the death or departure of a shareholder. In this...
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News
The Times Results 2024 - Myerson Solicitors Celebrate Best Law Firms 2024
Myerson Solicitors is elated to announce that we have once again secured our place on The Times' prestigious list of Best Law Firms 2024 . This recognition is a testament to the firm's unwavering dedication to providing Top-Tier legal services in...
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Unfair Prejudice Petitions and the Importance of Making a "Fair" Offer
Operating a business can be stressful, and it is not uncommon for shareholder disagreements to arise. This can often lead to situations where shareholders feel the company is not being operated in a fair way, such that it has an adverse impact on...
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What are the Changes to the Fixed Recoverable Costs Regime from 1st October 2023?
Most civil claims valued up to £100,000 issued on or after 1st October 2023 will be subject to a new fixed recoverable costs (FRC) system. Under the new rules, cases valued up to £25,000 will be allocated to the fast track, and less complex cases...
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My Debtor Has Defended Debt Recovery Court Proceedings: What’s Next?
If Court proceedings are issued to recover a business debt owed, the Defendant can defend the Court proceedings. The Defendant has 14 days from when the Court proceedings are served on it to notify the Court whether the Court proceedings will be...
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What is Professional Negligence, and Who Can I Claim Against?
Professional negligence may occur when a professional acting for you does something wrong, which results in you suffering financial loss. The type of professional you can bring a claim against is someone you have paid to provide an expert service...
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Causation in Professional Negligence Claims
To successfully bring a professional negligence claim , a claimant must be able to prove the following elements: The professional owed them a duty of care; The professional breached that duty of care; and The breach caused them to suffer...
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Webinar
Commercial Sales Agency: A Practical Guide For Commercial Agents
In this webinar, our experts Suzanne Carr, a Partner in our Dispute Resolution Team, and Robert Brothers, a Senior Associate in our Dispute Resolution team, provide you with all you need to know about the latest developments in Commercial Agency...
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My Debtor Has Not Responded to the Letter of Claim; What's Next?
A letter of claim (also known as a "letter before action" or a "letter before claim") is normally the first step in the formal business debt recovery process. It is a notice sent out by the creditor's solicitor to let the debtor know that the...
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Unleashing the Potential of Artificial Intelligence: The Future of Commercial Agents in the UK
Artificial intelligence (AI) is transforming various industries, and as technology continues to advance, the potential impact on commercial agents is significant. Whilst the rise of AI has sparked concerns about job security and potential robotic...
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My Customer is Disputing a Debt: What Can I Do?
If, as a business, you find yourself in a position where one of your customers is disputing a debt owed to you, there are a few steps you can take to try and recover the debt. Before attempting to recover a business debt from a customer, you must...
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Commercial Agency Update: Government Abandons Plans to Revoke All Retained EU Law
The UK Government made a major U-turn in its recent decision to revoke all retained EU Law by the end of 2023. The Retained EU Law Bill will now be amended, removing a clause that would have scrapped any EU-derived laws that hadn’t already been...
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Are There Limits to a Professional Adviser’s Duty of Care?
The fundamental premise of professional negligence actions is that a business or individual can rely on the advice a professional adviser gives them. However, in order to have a valid negligence claim against the professional, there are certain...
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Another Landmark Victory for Ed Sheeran in Copyright Infringement Case
Ed Sheeran is no stranger to copyright claims. Only last year, he successfully fended off a copyright infringement claim brought against his song Shape Of You . This time, Ed was required to appear in a Manhattan courtroom to defend allegations of...
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The Death of a Shareholder and Rights of Action by the Estate
Shareholder disputes are a common issue in the world of business. These disputes can arise for various reasons, including disagreements over the company's direction, disputes between shareholders, and issues related to succession planning and the...
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Is the Restraint of Trade Clause in my Agency Agreement Enforceable?
Since the introduction of the Commercial Agents (Council Directive) Regulations (' the Regulations ') in 1993, commercial agents have long since benefitted from an extra layer of statutory protection than those afforded to employees. The...
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The Challenges and Opportunities of the Digital Age
The digital age has brought about significant changes and challenges for commercial agents and principals in the UK, but it has also presented new opportunities for growth and innovation. Below we consider some of those challenges and opportunities...
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Who Do Professionals Owe a Duty of Care to?
A professional’s duty of care is widely considered to extend only to their client. However, in a recent professional negligence case, the potential pool of people to whom a professional can owe a duty to has been widened. The starting point is...
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Shareholder Disputes and Minority Shareholder Discounts
Unfair prejudice claims are a cause of action available to shareholders pursuant to section 994 of the Companies Act 2006. Shareholders in a limited company who have been unfairly prejudiced by the other shareholders can seek relief from the court...
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Business Debt Recovery: Application to Set Aside Default Judgment
A default judgment is where the dispute resolution court issues a judgment against a defendant without the merits of the claim being heard and without the defendant having responded to the claim. A claimant can apply for a default judgment when...
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Shareholder Rights and Disputes
Shareholders are individuals who own shares within a company. Essentially, shareholders are, collectively (assuming that a company has more than one shareholder), the owners of the company. Consequently, shareholders have a vested interest in the...
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The Implications of Social Media for Commercial Agents Operating in the UK
Social media has become an essential tool for commercial agents in the UK to promote products, build brand awareness and engage with customers. However, using social media also presents legal risks and challenges that commercial agents must...
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Myerson’s Recent Success in Enforcement of Singaporean Judgments in England
Vicky Biggs, in the commercial litigation team at Myerson Solicitors, has recently been successful in an Application in the Kings Bench Division related to the registration and enforcement of Singaporean Judgments in England. The issue which had...
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Brexit: Possible Implications for Commercial Agents
The British government recently announced its plans to scrap all EU financial regulations by the end of 2023. Despite the profound impact that will have on the UK financial sector, this current government appears determined to have its “Brexit...
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The Benefits of Mediation in Shareholder Disputes
Disputes between shareholders of a private company are a common occurrence. The interests of shareholders can typically change from the business inception to the point that they become unaligned, which can lead to irreconcilable differences...
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Myerson’s Recent Successes in Unfair Prejudice Petitions
In the past year the specialist commercial litigation team at Myerson Solicitors has acted for numerous clients in respect of bringing unfair prejudice claims pursuant to Section 994 of the Companies Act 2006. Very recently the team has been...
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Webinar
A Guide for Principals: Valuing Claims Under Commercial Agents Regulations Webinar
Join Myerson Solicitors for a LIVE and FREE online webinar with Partner, Suzanne Carr and Associate, Robert Brothers followed by questions and answers on 9th February 2023 at 9am. There are well-established laws in the UK which give commercial...
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Summary Judgment and Strike Out Applications
The notion of issuing a claim and going to court to recover a debt is often problematic for creditors. It is well established that legal costs in litigation and other dispute resolution processes can be significant. Legal costs can be a real cause...
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Right of Access to Information and Documents
This article focuses on an agent's right to information and documents, with a particular focus on entitlements to information and documents following the termination of the agency. Accessing sales information and equality of arms is of paramount...
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Unfair Prejudice Petitions – The Meaning Of “Good Faith”
In the recent decision in the case of Re Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd, the Court of Appeal has clarified the meaning of the contractual duty of good faith. In doing so, the Court of Appeal has cast doubt on previous...
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Business Debt Recovery Claims: Charging Interest on Unpaid Debts
This blog from our business debt recovery solicitors aims to provide information on when interest can be charged on unpaid debts. This legislation adds an implied term in business-to-business contracts for the supply of goods and services...
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Commercial Agents: Sub Agents
It is well known that commercial agents benefit from the wide protections afforded by the Commercial Agents (Council Directive) Regulation 1993 (Regulations), which include an entitlement to a termination payment pursuant to Regulation 17. But...
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File Disclosure in a Professional Negligence Claim
In a recent decision, the High Court confirmed that a firm of solicitors could not refuse to disclose its file of papers if a former client brings a professional negligence claim against the firm, even if that client owes fees to the solicitor and...
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Business Debt Recovery Claims: Advice on Payment Terms
Business debt recovery claims – advice on payment terms Maintaining cash flow is vital for the success of many businesses, particularly small businesses. Larger businesses may be able to swallow a cashflow deficit for a short period of time...
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The Business Debt Recovery Process
Most, if not all, businesses, regardless of the sector in which they operate, are likely to need to pursue an unpaid debt at some point. For most businesses, it is critical that the collection of outstanding debts is managed efficiently to assist...
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Commercial Agent’s Entitlement to Pipeline Commission: Can It Be Limited or Excluded?
This article considers whether it is possible for agents and principals to seek to limit or exclude the application of the Commercial Agents (Council Directive) Regulations 1998 (the Regulations) to an agent’s post-termination commission...
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Business Debt Recovery: Top Tips For Businesses
Most, if not all, businesses, regardless of the sector in which they operate, are likely to need to pursue an unpaid business debt at some point. For most businesses, it is critical that the collection of outstanding debts is managed efficiently...
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A Guide to Derivative Claims
A derivative claim is legal action that is brought concerning a company director for a breach of duty, usually by shareholders. It can be brought if the director is believed to be negligent or has breached duty or trust. Directors of a company are...
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Business debt recovery claims: Enforcement options
For any creditor engaged in a business debt recovery claim, the ultimate aim is to recover the debt owed. However, it is important to remember that obtaining a judgment or order from the court is sometimes just the first step in getting the debt...
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Guide To Issuing Court Proceedings
Before issuing a claim at court, in most cases, it is normally appropriate to send what is known as pre-action correspondence to the intended defendant. The contents of this pre-action correspondence are governed by the Pre-Action Protocols, which...
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Unfair Prejudice Claims and ‘Standing’
Unfair prejudice petitions (under section 994 of the Companies Act 2006) are a useful mechanism for shareholders of a company to apply to the Court to make an order that the Company's affairs are being or have been conducted in a manner unfairly...
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Overseas Principals: Governing Law and Jurisdiction
An increasing number of agents act for principals all over the world. This article looks at the law which governs the agency agreement where the principal is overseas and the country which has jurisdiction to determine any dispute. The Commercial...
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Business Debt Recovery: Court Claim or Insolvency Proceedings?
For most businesses, it is critical that the collection of outstanding debts is managed efficiently to assist cash flow. Generally speaking, there are two ways to try and collect business debts owed to your company: issuing a court claim or...
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Commercial Agents - To Retire or Not to Retire?
There is no default retirement age in the UK, and the Regulations do not state at what age an agent may retire and still claim compensation. It is clear from cases where the court has considered agents who have terminated their agency on the...
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What Does Without Prejudice Mean?
In general, a party’s admission to something can be used against them in court. The without prejudice (WP) rule means that statements which are made in a genuine attempt to settle a dispute cannot be used in court as evidence of admissions against...
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Breach of Shareholders' Agreements
A shareholders' agreement is an agreement which dictates the nature of the relationship between two or more shareholders of a limited company. They are agreed between the shareholders, and usually the company as well, and may cover issues such as...
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Commercial Agent: Individual or Company?
Both individuals, partnerships and companies may be commercial agents pursuant to the Commercial Agents (Council Directive) Regulations 1993 (the Regulations) as affirmed in the cases of: AMB Imballaggi Plastici Srl v Pacflex Ltd [1999] 2 All ER...
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Disqualification of Directors of Dissolved Companies
On 15 February 2022, new rules surrounding the disqualification of directors of dissolved companies were brought into force in the form of The Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act ( Act ). The Act grants...
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Business Debt Recovery: Using Insolvency Methods to Collect Debts
If you are trying to collect a business debt and do not wish to issue court proceedings, you may be able to commence insolvency proceedings. Pursuant to the Insolvency Act 1986, when considering a winding-up petition or bankruptcy petition, the...
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Pursuing International Business Debts
It can be difficult to recover a debt from a debtor based overseas, bearing in mind the debtor is in a different time zone and has different laws and customs to adhere to. Cultural issues also come into play when pursuing international business...
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Claimant’s Guide to Injunctive Relief
An injunction is an order of the Court that requires a party either: To do a specified act – these are known as mandatory injunctions; or To refrain from doing a specified act – these are known as prohibitory injunctions. Common types of...
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Issuing but Not Serving Proceedings and the Costs Consequences of Doing So
There are many reasons why a claimant may wish to issue but not immediately serve proceedings, for example, to preserve a limitation date or to put pressure on a defendant to try to settle. In that event, the claimant has a period of four months...
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A guide for Principals on their rights under the Commercial Agents Regulations
You can now watch a replay of the Commercial Agency webinar for A guide for Principals on their rights under the Commercial Agent , presented by Senior Associate, Suzanne Carr and Associate, Robert Brothers . Watch as they cover the following...
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Retention of Title Clauses
Retention of title clauses gives the seller of goods priority over secured and unsecured creditors of the buyer if the buyer fails to pay for the goods. The aim of a retention of title clause is to allow the unpaid seller to reclaim possession of...
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Common Excuses for Late Payment of Debts and How to Deal With Them
Dealing with excuses for late payments Most, if not all, businesses, regardless of the sector in which they operate, are likely to need to pursue an unpaid debt at some time. For most businesses, the collection of outstanding debts must be managed...
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Removing a Director From a Company
Removing a director from a company can be a complex issue. There is legislation in place to protect a company's right to remove a director if the circumstances arise. There are two principal ways in which a board can remove a director from a...
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Business Debt Recovery Claims: What Is the Time Limit for Collecting Debts?
Business debt recovery claims As business debt recovery specialists, a common question that we get asked by creditors is how long they have to collect outstanding debts. Before we look at the law on time limits for collecting debts, it is...
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Dispute Resolution Procedures in Manufacturing Contracts
Manufacturing Contracts In simple terms, manufacturing contracts generally involve one party supplying goods and/or services to another, the classic customer/supplier relationship. The contract can be a one-off sale or a longer-term project...
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Business Debt Recovery - Alternative Dispute Resolution
Alternative Dispute Resolution As we set out in our previous debt recovery blog , businesses that are trying to recover debts must comply with the Practice Direction on Pre-Action Conduct and Protocols, which is contained in the Civil Procedure...
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How to Recover a Debt From a Limited Company
Most, if not all, businesses, regardless of the sector in which they operate, are likely to need to pursue an unpaid debt at some time. For most businesses, it is critical that the collection of outstanding debts is managed efficiently to assist...
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Debt Recovery Letters of Claim and Why They Are So Effective
Debt recovery letters of claim Most, if not all, businesses, regardless of the sector in which they operate, are likely to need to pursue an unpaid debt at some time. For most businesses, it is critical that the collection of outstanding debts is...
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Wedding cancellations and Covid-19: can contracts be frustrated and who should pay?
The devastating impact of the Covid-19 lockdown restrictions on the hospitality and leisure industry over the past 15 months has been widely publicised. For the majority of the time since March 2020, weddings have not been allowed to take place at...
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Webinar
Myerson Webinar: Confidential Information: Rights, restrictions, and remedies available to businesses.
Businesses across the UK are seeking practical guidance on how confidential information can be used and, more importantly, protected. Our expert solicitors, Sven Clarke and Robert Brothers will talk through what confidential information is, with...
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Commercial Agents and the Law – A Brief Guide for Manufacturers
Commercial Agents Regulations Manufacturers often appoint sales representatives to promote, market and sell products on their behalf. These can be employees acting under a contract of employment. However, there is another category of sales...
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Commercial Agents Update: VAT Treatment of Compensation Payments
This article briefly comments on HMRC’s updated policy related to the VAT treatment of damages payments and how this might impact compensation payments under the Commercial Agents Regulations following the termination of a commercial agency. For...
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Commercial Agency Claims: Why It Pays to Mediate
This article provides a brief overview of the mediation process in the context of commercial agency claims and highlights some of the advantages of choosing mediation as a form of alternative dispute resolution for this type of claim. Commercial...
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Top Tips for Manufacturers: Dealing with Late Payments
How to Handle Delays in Payment Late payments are a year-on-year problem for many businesses. Recently, the office of national statistics (ONS) has reported that over half (54%) of businesses said they were waiting on late payment on invoices due...
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Practical Guide To Alternative Dispute Resolution (ADR)
Alternative dispute resolution (ADR) can be used as an alternative to litigation in any dispute between 2 or more parties which relates to civil legal rights and/or duties. Court proceedings do not need to have been issued in order for parties to...
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Avoiding Agent Termination Payments
Most principals are aware that when an agency is terminated they will be liable to pay the agent a termination payment under Regulation 17 of the Commercial Agents (Council Directive) Regulations 1993. This can be a very substantial sum, and often...
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When Do the Commercial Agents Regulations Apply?
If the parties have agreed that the agency contract is to be governed by the law of another member state, the Regulations will not apply. The definition of “commercial agent” is very wide. A commercial agent includes sales agents, who have the...
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Calculating Compensation For Commercial Agents
There are two types of termination payments: compensation and indemnity. Compensation is payable unless the parties have agreed that an indemnity should be payable instead. A compensation payment under Regulation 17 will reflect the value of the...
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