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Misrepresentations – Franchise Disputes

Misrepresentations- Franchise Disputes Overview When a franchise relationship breaks down, it is not unusual for disputes to arise between the franchisor and franchisee over who is responsible for the failure of the business.  Often the franchisee will say that the franchisor over-egged the prospects of the business leading them to claim misrepresentation. To claim misrepresentation,... Read More »

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Misrepresentations- Franchise Disputes Overview When a franchise relationship breaks down, it is not unusual for disputes to arise between the franchisor and franchisee over who is responsible for the failure of the business.  Often the franchisee will say that the franchisor over-egged the prospects of the business leading them to claim misrepresentation. To claim misrepresentation,… Read More &raquo

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Bankruptcy – what is it? If you have found yourself in serious debt, bankruptcy could offer a chance to make a fresh start and be protected from people that you owe money to.  It can be a realistic and suitable option for addressing significant debts, but it may not be your only option.  You should… Read More &raquo

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What is a personal guarantee? A personal guarantee is a contractual promise.  It can be given by a director, business associate or family member in respect of the obligations of another party to do or pay something.  The personal guarantee can be called upon if that other party defaults on its obligations. You could be… Read More &raquo

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Freezing Injunction – Overview

Freezing Injunction – Overview What is a freezing injunction? A freezing injunction is a Court order which prevents a party from disposing or dealing with his assets. It is not granted to give the applicant security over the respondent’s assets or to give preference to the applicant over other creditors.  It has the important but... Read More »

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Freezing Injunction – Overview What is a freezing injunction? A freezing injunction is a Court order which prevents a party from disposing or dealing with his assets. It is not granted to give the applicant security over the respondent’s assets or to give preference to the applicant over other creditors.  It has the important but… Read More &raquo

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Inheritance dispute – Ilot -v- Mitson… the saga continues …

Supreme Court hears landmark appeal in inheritance dispute claim Ilott (Respondent) v The Blue Cross and Others (Appellants) Inheritance disputes can often be unpleasant, especially when they rumble on for a significant period of time.  On 12 December 2016, the Supreme Court heard a landmark appeal relating to the Ilot -v- Mitson inheritance dispute that... Read More »

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Supreme Court hears landmark appeal in inheritance dispute claim Ilott (Respondent) v The Blue Cross and Others (Appellants) Inheritance disputes can often be unpleasant, especially when they rumble on for a significant period of time.  On 12 December 2016, the Supreme Court heard a landmark appeal relating to the Ilot -v- Mitson inheritance dispute that… Read More &raquo

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Franchising a business  Is franchising a business always possible? There are a good many different business sectors that have benefited from franchising a business which has been successful and have done exceptionally well at it both for the benefit of their own business and those of their franchisees.  Take, for example, a few of the… Read More &raquo

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Bankruptcy process – the rules change again On 6 April 2016, the application process to make yourself bankrupt changed. The bankruptcy application procedure will now be online whereas previously, all applications had to be submitted to the Court, usually by first making an appointment to see the bankruptcy clerk and provided everything was in order,… Read More &raquo

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Glossary of Insolvency Terms Administration This is a formal insolvency process requiring the appointment of a licensed insolvency practitioner. The purpose of administration is to save the company, or if that is not possible, to achieve a better result for creditors than in a liquidation.  If these are not possible, the purpose of the administration… Read More &raquo

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Franchise Charges – are they legal? The nature of the charge It is not uncommon to see, in a franchise agreement, an obligation for the franchisee to pay a sum of money upon a certain eventuality occurring.  These franchise charges may not necessarily be recoverable as a matter of law, even if agreed in the… Read More &raquo

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Directors Disqualification – Overview What is a Directors Disqualification? These are claims brought against directors only or other types of individual who act as a director, but are not formally recognised as being directors in a way you might commonly understand them.  For example, ‘De Facto’ directors or ‘Shadow’ directors can also be disqualified from… Read More &raquo

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Franchise Litigation – Franchisee Problems Franchising is no different from other businesses in many ways.  From time to time, people fall out and disputes arise.  However, there are some rather unique aspects to franchise litigation that have to be borne in mind. Firstly, in most franchise disputes the starting point will be a lengthy franchise agreement… Read More &raquo

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Franchise Agreement – Termination Can a franchisor end a franchise agreement? It is common for franchisors to set out, in the franchise agreement, those circumstances when they are entitled to terminate a franchise agreement.  Termination is often reserved only for those circumstances which truly justify it, such as the following: (a) where the franchisee threatens to… Read More &raquo

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Statutory Demands What are they? The Insolvency Act 1986 provides for formal demands to be served upon a debtor when a sum of money is outstanding.  These demands can be served upon an individual or a company. What do they mean? Serving a statutory demand may be a means of exerting pressure on an individual… Read More &raquo

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Bankruptcy Threshold – Increase from 1 October 2015 The government has implemented a 700% increase in the bankruptcy threshold which must be met prior to creditors being able to present petitions at court.  This is expected to seriously reduce the amount of people being made bankrupt following the changes. After almost 20 years, the Government has hiked the amount over which somebody… Read More &raquo

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Annulment of Bankruptcy – key concepts to consider

Annulment of Bankruptcy Annulment of your bankruptcy is possible by making an application to the Court. Who can apply for annulment and when? You can apply for an annulment of your bankruptcy if: You have paid your debts, fees and expenses (or you have arranged to secure them); The bankruptcy order should never have been... Read More »

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Annulment of Bankruptcy Annulment of your bankruptcy is possible by making an application to the Court. Who can apply for annulment and when? You can apply for an annulment of your bankruptcy if: You have paid your debts, fees and expenses (or you have arranged to secure them); The bankruptcy order should never have been… Read More &raquo

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Overview: Litigation Process Whilst it s true to say that ligation comes in a variety of forms and processes, it is possible to identify common themes that exist in almost all forms of claims before the courts.  Normally, claims follow what is known as a “Part 7” procedure through the court system in cases where… Read More &raquo

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Ilot -v- Mitson [2015] Court of Appeal In a landmark judgment, the Court of Appeal has made it easier for adult children to challenge wills and obtain reasonable provision. Melita Jackson left almost £500,000 to various charities and made no provision for her daughter, Heather Ilot.  In fact, Mrs Jackson specifically indicated that nothing should be left… Read More &raquo

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Section 21 Notice – Just get easier? In December 2013, the Court of Appeal in Spencer -v- Taylor [2013] made the law relating to service of a section 21 notice of the Landlord and Tenant Act 1988 much easier. When an assured shorthold tenancy ends without serving a section 21 notice, a landlord had to… Read More &raquo

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Ending an Assured Shorthold Tenancy Assured Shorthold Tenancies are subject to strict requirements for termination under the Housing Act 1988. Assured Shorthold Tenancies must be for an initial minimum term of 6 months from the date they are granted. After that, they may be renewed for further periods of time, or as is more often… Read More &raquo

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Overview: Inheritance Act Claims Claims under the Inheritance (Provision for Family and Dependants) Act 1975 Have you been left very little or excluded from the will altogether? Were you financially dependent on the deceased? Has it been less than six months since probate was granted? The distribution of a deceased’s estate, big or small, can… Read More &raquo

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