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We didn't start the fire...

MacRoberts LLP
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United Kingdom
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August 14 2012

The recent case of United Central Bakeries Limited v Spooner Industries Limited & Forbo Siegling (UK) Limited 2012 CSOH 111 is a useful reminder of the need to take care when making statements in business dealings, which may subsequently be relied upon

Who is the agent? High Court ruling highlights potential pitfalls in transferring agency agreements

MacRoberts LLP
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United Kingdom
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January 20 2012

The English decision in Barnett Fashion Agency Limited v Nigel Hall Menswear Limited highlights the difficulties in transferring agency agreements and the need for agents to take care - and most importantly legal advice - when they are considering changing their trading form, status, name etc

Is your business protected?

MacRoberts LLP
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United Kingdom
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January 13 2012

With the depressing news that more than 20,000 Scots will go bust in 2012, and an average of 25 Scots firms a week will go under this year, it has never been more important to be alert to payment disputes

A company's constitution - court is willing to imply terms

MacRoberts LLP
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United Kingdom
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December 22 2011

A company's articles of association ("articles") are essentially a contract between a company and its members

Business common sense should prevail says Supreme Court

MacRoberts LLP
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United Kingdom
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November 10 2011

Where there are two possible ways to interpret a contract, the court is entitled to prefer the interpretation which is consistent with business common sense

Directors duties: a strict reminder

MacRoberts LLP
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United Kingdom
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October 3 2011

The recent Court of Appeal judgment in Towers v Premier Waste Management Ltd serves as a stark warning to directors who are not strictly compliant and wholly knowledgeable of their duties

The uncomfortable truth

MacRoberts LLP
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United Kingdom
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September 22 2011

In the recent case Regus (Maxim) Limited v The Bank of Scotland plc, 2011 CSOH 129 the Court of Session has considered whether a letter issued by the Bank of Scotland in the context of a wider commercial agreement could be used to create an enforceable legal obligation, and be relied on as such, or whether it was merely a letter of comfort, without legal standing

'Join the dots' to see the full picture - employee

MacRoberts LLP
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United Kingdom
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September 15 2011

A recent decision in an unfair prejudice petition raised against two director-shareholders of the Norco Group Limited in the Court of Session highlights the importance of advisors giving comprehensive and "joined up" advice, as opposed to focussing on distinct issues in isolation from one another

What's in a name? Some guidance on prohibited names

MacRoberts LLP
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United Kingdom
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September 14 2011

Sections 216 and 217 of the Insolvency Act impose draconian sanctions on directors of liquidated companies who reuse "prohibited names"

In a partnership or LLP? Make sure you have a formal agreement - while you can still agree!

MacRoberts LLP
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United Kingdom
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August 30 2011

In its decision in the recent case of Eaton v Caulfield, the English Chancery Division (Companies Court) highlighted the importance of the members of partnerships formalising their relationship by way of a partnership agreement

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