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Over Taylor Biggs | News
  • Changes to the Articles of Association

    Monday 21 September 2009

    The Companies Act 2006 has introduced various corporate legislation since its inception in 2007. The last wave of changes is due to be implemented on 1 October 2009. A number of the latest changes impact on the Articles of Association of companies.

  • Companies Act 2006: Update

    Monday 21 September 2009

    On 1st October 2009 the final stage of implementation of the Companies Act 2006 (“the Act”) will be implemented. This article considers some of the changes to company law to be implemented by the new provisions of the Act and may be of particular interest to those considering forming a company and to private companies limited by shares:

  • Misrepresentation and Section 25 Notices

    Tuesday 15 September 2009

    If a landlord misrepresents its grounds of opposition to a renewal of a tenant’s lease within a Notice served under Section 25 Landlord and Tenant Act 1954, the Court of Appeal has recently pointed out that the tenant may be entitled to compensation.

  • Break Notices - exercise with care

    Friday 28 August 2009

    Whilst minor defects in contractual notices do not invariably invalidate the notice where the recipient, acting reasonably and with knowledge of the background and context, would not be confused, it is usually fatal if the wrong party is named in the notice. The High Court has recently held invalid a break Notice that was given by only one of the two tenants named in the Lease.

  • Inactivity as a Non Executive Director and lack of knowledge?

    Thursday 06 August 2009

    A recent Court of Appeal decision considered whether two non-executive directors should be held liable for the dishonest misapplication of Company funds by an executive director, even though they claimed to have no knowledge of the purported dishonesty and were not involved in the day to day running of the Company.

  • Can a Controlling Shareholder also be an Employee?

    Monday 20 July 2009

    The Court of Appeal has recently considered whether controlling shareholders who were also directors (and who were also alleged to be employees) could in fact be employees, particularly where they had no employment contract.

  • Recent developments in Employment law – a brief summary

    Tuesday 14 July 2009

    ACAS Code of Practice A number of changes to employment law came into force on 6 April 2009. The most notable change is the repeal of the statutory dispute resolution procedures, to be replaced by the ACAS Code of Practice on discipline and grievance. Another noteworthy change is the extension of the right to request flexible working to employees with children aged under 17.

  • Net Contribution Clauses - revival of interest?

    Tuesday 30 June 2009

    Regarded as a consequence of the last recession, net contribution clauses are once again in focus. Contractors and Consultants have pressed for a limitation of liability owed to Developers and to beneficiaries of Warranties by way of such clauses, in order to reduce the impact of joint and several liability and instead, accept liability limited to their fair and reasonable proportion.

  • Varying Planning Permissions

    Wednesday 24 June 2009

    The Co-Op challenged the grant of a potential competing planning permission to Tesco for a new supermarket and associated facilities on the edge of Stourport town centre. The debate concerned a condition in the planning permission specifying that the building should not exceed allocations of certain floor space unless the local planning authority agreed to this in writing.

  • Tower Crane Register

    Thursday 21 May 2009

    The Secretary of State for Work and Pensions has announced that a statutory Tower Crane Registration Scheme is to be implemented, along with other measures to improve the safety of tower cranes. It is understood this is likely to be in place by April 2010. In the meantime, efforts will be concentrated on improving the competence of those who operate tower cranes. Perhaps unsurprisingly, UCATT is of the view that the statutory imposition of the Register must occur at the earliest possible date.

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