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Ian Barnard
    • Ian Barnard

    • Director, Head of Company/Corporate and Commercial Property Team
    • View profile
 

Farming Joint Ventures

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It is common knowledge that it can be difficult for young farmers to get a foothold in agriculture, and with the average age of farmers in this country just under 60, at the other end of the scale, it can be difficult for those farmers looking to retire to...

Success in outsourcing key services

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As your business grows, instead of taking on more staff, you may decide to outsource certain services either on a temporary or more permanent basis. There is almost no limit to the type of services that can be outsourced nowadays, from manufacturing and drop...

Setting up in business as a partnership

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Setting up a new business is an exciting time, and there are a thousand things to think about, but if you are launching your new venture with one or more other colleagues it is imperative to decide in advance how you are going to structure it legally. One...

Renewing or extending your commercial lease

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When a commercial lease is due to end, both landlord and tenant will consider their business plans to decide whether they want to put a new or extended lease in place. Many business tenants have an automatic statutory right to ask for a new lease when...

Risks and rewards with a personal guarantee

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The most common reason why a director will be required to provide a personal guarantee is because a lender or supplier perceives a level of risk in your business. Perhaps the lender is not confident that your business cash flow is liquid enough to fulfil its...

Securing access for a commercial property

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Once a commercial tenant has agreed a lease and moved into business premises, they will rely on having unobstructed access to easily enter the premises for the purposes of their business. Unless premises sit alongside a public road, they will probably...

Buying offices as an investment

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The best investment property will be one where the fundamentals are right. It should be in a suitable location, in sound structural condition, and ideally give you scope to upgrade and reconfigure the internal layout to appeal to a range of tenants. ...

Buying an asset-based business - what to look out for?

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If you are contemplating buying another business, then you will have been suitably impressed with the sale particulars. But these do not tell the whole story and when you decide to acquire the assets of a business you will want to satisfy yourself that...

Excluding or limiting liability in B2B terms and conditions

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Setting out the terms upon which you provide your goods or services to another business will reduce the risk of a dispute by making clear the expectations on either side. But what if a dispute arises and a client or customer claims that they have suffered a...

Christmas trading - implications for landlords and tenants

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Retail, leisure, and hospitality businesses will be banking on a good festive season this year. Shops will want to stay open for longer and may want to add to their usual offer, to attract as much footfall as possible. Landlords with empty units will be...

Commercial property considerations for damage by insured risks

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Commercial landlords rely on insurance to cover the cost of repairing damage to their investment property beyond normal wear and tear, and business tenants expect a rent holiday if they cannot use their premises. Many commercial landlords and tenants,...

New director-member joining your company?

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Time to review your shareholder agreement If you are planning to appoint a new director to work in your business who will also acquire shares in your company then, as well as drawing up a service level agreement to govern their employment, you will also...

Winding up and closing down a company cleanly

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While many founders and business owners will implement succession plans to sell or pass their business to a new generation of owners, sometimes it is clear that you have reached the end of the road and the best decision is to call it a day and close the...

Making your commercial property portfolio more sustainable

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Growing evidence of climate change has put sustainability firmly on the commercial property agenda. Owners, occupiers, and lenders are increasingly focused on ‘ESG’ which refers to environmental, social and governance issues. Lenders...

Landlord options if a tenant breaches repair obligations

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Making sure a commercial property is well maintained is one of a landlord’s key priorities, and it is almost as important as getting in the rent. Under a full repairing and insuring lease; the tenant is obliged to keep the property in a good state of...

Pitfalls to avoid in contract pricing in commercial agreements

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If you are a fan of Marmite or Hellman’s mayonnaise, you may recall a brief dispute that broke out between Tesco and Unilever in late 2016 which led to the supermarket temporarily suspending the sale of a range of popular branded products. The dispute...

Business checklist for admitting a new partner

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If you have decided that the time has come to admit a new member to your partnership, then there are a number of important steps that you will need to take in preparation. To help you plan, partnership law expert Ian Barnard, Director...

Obligations under a full repairing and insuring commercial lease

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Keeping commercial property insured and in good repair is important for both landlords and tenants, but for slightly different reasons. The tenant wants to be able to run a business from a well-maintained property. The landlord’s chief...

Ecommerce refresher for retailers trading online in the UK

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Ecommerce is a fast-moving medium for retailers and, whether you have an established online presence or are just starting out, a periodic review of changes in the law and trading regulations can help ensure your business runs smoothly. ...

Considerations for landowners relating to legal rights around water drainage and sewers

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Water, drainage, and sewers might be out of sight, but should not be out of mind for commercial property owners . The legal rights relating to water drainage in the UK are complex and important, especially for properties prone to flooding. ...

Secrets of success in manufacturing agreements

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Relationships with manufacturers can become the backbone of your business in the long term, which is why it is important to have legal agreements in place that will grow with these relationships. ‘B efore any contract conversations even begin,...

Ten key negotiating points when taking a new commercial lease

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When a landlord and tenant try to settle the terms for a new commercial lease, each party will have clear objectives. The landlord wants a secure income stream and confidence that the property will be left in good condition at the end of the...

Legal advice on the sale or purchase of a business

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Selling a business ? Make sure you clear out any skeletons first. Preparation is the key to success with most things in life and is particularly important when you are trying to attract a buyer for your business. This is because any potential...

Extending your commercial property

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If your business is expanding, you may have outgrown your current premises. Before you start looking for a new site, it is worth investigating whether you could extend your existing property. Depending on the site and the nature of your building,...

Site assembly for development

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If you have a great idea for developing a piece of unused land, you may find that you need to get control of some neighbouring property to provide access or just to make the development large enough to be financially viable. Assembling a site can be...

Best practice when using subcontractors

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Whether you are planning on using subcontractors for a one-off project or on a long-term basis, there are several steps you can take to safeguard both your business and business relationships. Subcontractor checks ...

The key legal issues to take you from startup to scale up

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Starting any new business comes with a steep learning curve, especially as a founder when you often find yourself wearing all the management hats. This is why it is important to deal with the core legal issues early, so that when the time comes to scale up,...

Legal tips for optimising the sale value of commercial property

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If you are reviewing your commercial property portfolio, you may decide that the time is right to sell some of your property. It goes without saying that you will want to get the best possible value from the sale. Prices are strongly affected...

Update your commercial contracts for the post-Brexit regime

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While certain changes are already in place as a result of Brexit, we can expect a continuous stream of legislative reform that will affect businesses and their commercial contracts . As the new trading relationship with the EU evolves, it is likely...

Can I change the use of my business premises?

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If the pandemic has left you with empty commercial property , now could be a good time to look for alternative uses. To help businesses make the best use of commercial real estate, the Government has made the planning rules more flexible so that it...

Is an MBO or MBI a good move for your business?

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Is your business ripe for more growth? Do you have the team that can take your business to the next level? Or do you want to take a step back and reap some of the rewards of your efforts? If continuity is important to you, then a management buy-out (MBO) or...

Exiting your commercial lease - what are the options?

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‘ If your business is struggling and you lease your premises, it might be tempting to simply hand back the keys and walk away from your lease ,’ says Ian Barnard, Director and commercial property solicitor with Crombie Wilkinson Solicitors in...

New year, new business structure?

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Businesses need to be agile to survive and prosper, particularly as we face the duel challenge of having to deal with a global pandemic, while also bracing ourselves for the UK’s exit from the EU. The ability to react quickly and to develop services...

Succession planning for farming families

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Back in 2017, Farmers Weekly carried out research which suggested that around 60% of farming families did not have a written succession plan in place. Based on our experiences with farming clients throughout Ryedale and beyond, this percentage is unlikely...

The Coronavirus Job Retention Scheme

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Every business we speak to at the moment is seeking ways to mitigate the disruption caused by the Coronavirus pandemic . Of particular importance to our clients is protecting their workforce, and trying to avoid the need for lay-offs, wage reductions, and...

Coronavirus - advice for employers

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As concerns over the Coronavirus increase, we are finding that a lot of employers are asking our advice in relation to their obligations towards their employees. Coronavirus – What is it? “Coronaviruses (CoV) are a large family of viruses...

Uncertainty hangs over agriculture

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As we come to the end of the year, there is an argument to say that it has been a missed opportunity for a number of reasons, as there was potential for the year to be ground breaking on various different fronts. The start of the year began with a number of...

The Family Business

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We see a significant number of clients who are farming in partnership with their family members and, of course, such arrangements frequently run perfectly smoothly. Any reluctance to formalise the family partnership in a written agreement is therefore...

Contract Checking Service for NFU Members

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As the weather improves, with Summer not far around the corner, the time pressures on agricultural businesses are becoming greater and you can be forgiven for not reading the small print when purchasing goods and equipment or providing services or products....

Allowing a mast onto your land or even renewing an old agreement?

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For many landowners, an attractive way to utilise their land without creating too much disruption to their core farming business, was to allow telecommunication masts to be erected on their land. Whilst not visually attractive, the masts would generally be...

Agricultural News

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New Contract Checking Service for NFU Members Before you sign any contract, you need to understand what you’re getting yourself into. That is why the NFU is offering a Contract Checking Service to all their farmer and grower...