Business succession planning is essential for ensuring the long-term success and stability of a family-owned business. The structure of the family business is at the core of a business’ succession planning. The structure of the business and the...
As a director of a limited company, you can trade with the privilege of limited liability. As a result, you also have to be mindful of the many duties you have to everyone you deal with on a day-to-day basis. A director of a company in financial difficulties...
Launching a new consumer product is exciting, with a great deal of attention going on the branding, packaging, and every touch point of the consumer experience. But behind the scenes, it is important to pay just as much attention to the legal issues if...
If you are selling your business, the buyer will want to know all about any commercial property the business owns or occupies. The issues will be similar to those that would come up if you were simply selling the property, but there are some key...
The autumn budget has come as a shock to many farmers who may now face a significant Inheritance Tax bill if they die after the 6 th of April 2026. From then, the 100% Business Property Relief and Agricultural Property Relief will vanish. There is though...
Several measures announced in the Autumn Budget will affect businesses, and this serves as a timely reminder to review and update plans for your business. As a company director, the subject of business governance should be at the forefront of your mind. By...
The rules regarding succession of Agricultural Holdings Act 1986 (AHA) tenancies has recently changed, with the new rules taking effect on 1 September 2024. To succeed an AHA tenancy, it must first be ascertained that the tenancy benefits from succession...
The idea of ‘green’ leases for commercial property is rising up the agenda as policies push all parts of the economy towards net zero, but many commercial landlords and tenants do not really know what a green lease should contain, and who should...
Within family partnerships, it is common for partners to find it difficult to discuss what should happen in the event that a partner leaves the partnership. However, as the following case sadly demonstrates, this only stores up problems for the future. The...
The way goods and materials are bought and sold in the UK has changed beyond recognition over the last 25 years, with the supply chain and end customers expecting speedy delivery. This has created new demand for logistics and distribution sites, ranging from...
If you rely on the supply of packaging from a third party, you may be at risk in a number of ways. Does the quality meet your brand standards? Do the materials fulfil the environmental specification? How much wastage is acceptable? Will you suffer a...
Working together with another farmer, by combining resources and sharing risks, can have various benefits for each party. For example, it could enable a farmer to take a step back from day-to-day activities whilst providing an opportunity for new entrants...
With the rise of the digital era and advances in technology, we have seen and will continue to see growth in the use of electronic contracts to conclude legal agreements between parties. While there are advantages in terms of speed and remote access, there...
If you are involved in a business dispute, then it is sensible to try to resolve the matter as quickly and cost-efficiently as possible to avoid or reduce the chances of having to go to court. Taking advice at an early stage from a solicitor who is...
If you get planning permission for the development of a site, it now comes with an obligation to ensure that there is a net gain in biodiversity. The statutory obligation is to demonstrate a minimum 10 per cent increase in biodiversity after the development...
The dairy sector plays an extremely important role in UK agriculture. Its success is underpinned by countless relationships between farmers and processors. For some time, however, there have been instances where these relationships have not been...
As a minority shareholder in a business, you may be frustrated with how the directors are running the company and, in particular, with how much they are taking from the business as salary as this has a direct effect on your dividends. If the majority...
If your business requirements have changed, and you need to get out of your current lease, a surrender can be an attractive option - as long as your landlord is willing to agree. Alternatively, your landlord may want the property back for redevelopment...
The Levelling Up and Regeneration Act 2023 will give local authorities new powers to hold rental auctions of empty high street properties if landlords do not find tenants for themselves. The relevant parts of the legislation are not yet in force, but ...
Owning and managing a business in the 21 st century usually involves a significant degree of reliance on information technology, almost regardless of sector or industry. The extent of this reliance is ever increasing with each passing year, with many...
Cattle have been at the heart of the English countryside for over a thousand years. They have provided vital sources of food, leather and power for generations and have shaped the landscape fundamentally through the process of grazing. You cannot walk along...
A contract is often compared to an insurance policy; you hope you never have to make a claim. Similarly, you hope you will never need to consult a commercial contract because things have not been going to plan. Of course, if a dispute arises, the contract...
If you are considering buying a commercial property, it is up to you to find out as much as possible about the property and the surrounding area before you commit yourself. You will need a solicitor to carry out formal searches of public data and look...
Yours or mine? Hedge your bets Gazing over the rolling countryside, it is common to be immediately aware of the obvious boundaries between parcels of land. Whether it’s stone walls, hedges, natural ditches or fencing; the boundaries tend to be...
The most successful commercial landlords take an active approach to managing their properties, and there is more to this than making sure the building is well-maintained. It is also important to check that your tenants are not causing a nuisance to others or...
Imagine a contract you entered into is not going as expected and you want to terminate. All you want is to get out of this contract but, if not terminated properly, this could end up causing you more issues than necessary. Ending a contract cleanly is,...
If you have been presented with an opportunity for a potential management buyout (MBO) at the company where you work, and you believe there is a strong future for the business, then one of your first and most pressing considerations will be the funding. ...
If you take a lease of business premises, your landlord may ask you to ‘contract out’ of statutory rights that apply to business tenancies. Before making that decision, you need expert legal advice to understand what rights you are giving...
Whether it’s a house, an office building, farmland or other type of property, where it’s occupied by somebody other than the owner, it’s in the interests of both parties that the terms under which it’s occupied are clear and...
As a business owner in partnership with others, you probably took great care to consider the key issues and agree a carefully worded partnership agreement at the formation of your business. But once signed, has this important document been filed away...
Selling your goods in a new and unfamiliar market can be a risky and costly venture, but entering into a distribution arrangement with a separate distributor can provide your business with a route to market, giving you access to new customers without...
When appointing a new supplier there is often a dilemma over the issue of confidentiality. How do you strike the balance between sharing enough information to obtain the best deal without jeopardising confidential business information? It is...
If you are planning to sell your business to your management team, agreeing the terms of the deal is just the beginning. It is vital that you manage the management buyout (MBO) process from start to finish as you would any major project. At each stage there...
In challenging economic conditions, commercial property landlords must be prepared for tenants to hit financial difficulties and for some to go out of business. If your tenant becomes insolvent, there are legal restrictions on the kind of action you...
As the cost of living has bitten, the crime of fly tipping has also increased as more and more people, rather than paying the disposal costs of removing waste though legitimate means, dump it on the fields, tracks, gateways and woodlands of our countryside....
While some business transactions are quick and simple, many involve protracted negotiations as you shop around for the best provider of goods or services and negotiate hard to get the best terms and conditions. Some businesses in your supply chain may have a...
Crombie Wilkinson Solicitors has a free prize draw where 2 people* have the opportunity to each win a pair of tickets to the Kaleb Cooper tour night at the Barbican in York on 1 February 2024. UPDATE AS OF 6 DEC 2023 - the winners have been drawn and...
A full repairing and insuring (FRI) lease is one that places the responsibility of repair and maintenance of the premises onto the tenant. The tenant may undertake them directly or they may contribute to their cost by way of a service charge. The tenant must...
In a bumpy market, it pays to be well-prepared before you put your commercial property on the market. Your solicitor will help you to be ready for the kinds of questions you should expect from prospective buyers as they and their solicitors carry out due...
Commercial landlords are increasingly keen to show that their buildings are sustainable. With energy prices high and continuing uncertainty in the global energy markets, producing renewable energy on commercial buildings is more attractive than ever....
When you communicate with your lawyer, it is vital that those communications remain confidential, especially if your business is heading towards a dispute with another company that could end up in court. Equally, where evidence and information is gathered...
Indemnities and limited liability clauses are often the most negotiated provisions in business contracts. It is a fine balance between agreeing appropriate risk and allocating protections, while at the same time remaining reasonable in order to conclude the...
As a commercial tenant, what are your options for ending your lease early? There may be circumstances in which you wish to terminate your lease prior to the end of the period for which it was granted. This can be for several reasons, including if you...
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...
There are many reasons why shareholders fall out. Most companies in the UK are small owner-managed businesses, which are family businesses or have been started out by friends with a common aim. Over the years people and priorities can change and no longer...
Turnover rents are increasingly common in retail lettings. In challenging times, they appeal to tenants because both the landlord and tenant share the risk of trade being adversely affected by the state of the wider economy. Landlords would...
If your tenant defaults on the rent or breaches their commercial lease in some other way, you may be able to call on a former tenant or a guarantor to pay arrears or remedy breaches. This will only be possible if you follow the correct process and act...
All properties in England and Wales can be registered with the Land Registry. If it’s not, then you can apply for first registration. This is simply the process of registering your land or property with the Land Registry. The Land Registry holds a...
A company’s ‘ESG’ rating is an increasingly important factor when others make decisions to invest or do business with it, with ESG referring to ‘environmental, socio-economic and corporate governance’ factors. Stakeholders will...
If you are a business tenant, a break clause in your commercial lease gives you valuable flexibility to move out if circumstances change, but the law on break clauses is full of traps for tenants. If you want to be certain of ending your lease...
When a business becomes aware that a potential legal claim may be heading its way, then it could be tempting for senior people to decide to destroy or alter key evidence which might be ordered by a court. For example, a court might request copies of...
If you own a commercial property which is larger than you need, selling part of it could be a good way to release value. Before you start, it is vital to have a clear idea of how the division will work from a practical point of view. This will ensure...
What could be simpler than allowing a friend, neighbour or a third party to use your field for grazing their animals? It is not as straightforward as it may seem and there are a number of different issues to consider, the first of which is whether you are...
Where there is a good cultural alignment, a merger can offer numerous benefits to two smaller partnerships, particularly in terms of sharing costs and resources, and access to economies of scale while potentially also reducing competition. ‘There are...
While social media can be hugely beneficial for many businesses, it is not without its problems. Organisations have had to adapt to deal with unfavourable reviews, account hacking, data protection breaches, fake accounts and impersonation, use of their brand...
Many would-be investors are drawn to commercial property. Even in times of economic uncertainty, people like the idea of investing in bricks and mortar which can feel more real than a purely financial investment. A commercial property can be the...
Whether negotiating a new commercial lease, or renegotiating an existing one, it is important to plan ahead and be clear about your desired outcomes and where you have flexibility to compromise. Your negotiating position will be influenced by the...
Investment in another business may be part of your business growth strategy, especially if you operate in the same market or supply chain. Acquiring a slice of the pie through the purchase of shares is one way to secure such an investment and may seem...
More than half of the farmable land in England is farmed by tenants and as such, tenant farmers clearly play a crucial part in our food production and land management. This has been recognised by a review that has recently been carried out by an independent...
If you own land which may have potential for development, or you have already been approached by a developer, the chances are you have considered the pros and cons of a promotion agreement. This can be a great way for a landowner to benefit from a...
If you want software that is unique to your business, and which is specifically designed to meet your operational needs, then the commissioning of a bespoke solution is almost certainly the way to go. However, to ensure that your vision marries up to what is...
Early-stage businesses often struggle to secure cost-effective funding and sometimes it may be tempting to look to alternative solutions, such as crowdfunding. It can serve different purposes all at the same time: raising capital, marketing, engaging...
BT handled over 33 million 999 calls last year, of which a significant number would have led to the emergency services attending business premises. An emergency can arise from many foreseen and unforeseen situations, the most common being fire, flood,...
If you have some land or buildings which are currently unused, you might consider allowing someone else to occupy the vacant area. Even if the arrangement is fairly informal, we always advise clients to take advice at the outset as to the most appropriate...
In a world where green space is increasingly valued for its role in fighting climate change, it makes sense to reuse previously developed sites, often referred to as brownfield land. It may be easier to get planning consent to develop brownfield land...
‘With great power comes great responsibility.’ This is an old adage that some say dates back to the first century BC, and which is as relevant today as it was at the time it was first conceived. It is particularly relevant in the context of...
If you need a cash injection for your business to help with growth costs, or to fund the purchase of plant and equipment, diversification, or expansion, then you will need to think carefully about the finance options open to you and their potential pros and...
Legal Update: The Register of Overseas Entities came into force on 1 August 2022, with the aim of making UK property ownership by foreign companies and entities clearer and more transparent. Generally speaking, foreign companies and entities who own, intend...
Early-stage businesses often struggle to secure cost-effective funding, but sometimes funding alone is not enough to help them thrive, especially when expertise is critical to success. A business angel can provide both, and this could be a good solution to...
Building Safety Act 2022 – impact on developers, contractors and landlords The Building Safety Act 2022 is the Government’s response to the tragic Grenfell fire, and the first parts of the Act came into force on 28 June 2022. While the focus...
Have you ever signed a contract which seemed to be perfectly clear, straightforward and reasonable at the time it was agreed, but which later turned out to be ambiguous in important respects or which gave rise to unintended and arguably unfair results? If...
If you are a landlord of commercial property, you will have chosen your tenants carefully. A landlord wants to be sure that a tenant will pay the rent and service charge, and that the tenant will comply with the obligations in the lease so that the...
In response to the coronavirus pandemic, the Government made an unprecedented financial support package available for struggling businesses. Millions of enterprises took advantage of the help on offer, but because of the speed with which the various schemes...
Redeveloping parts of a building in your portfolio, to create a more flexible layout or perhaps add additional floors, can be a good way to enhance investment value. This is easiest in a vacant building, but you may have good tenants and want to...
Some of the world’s most successful companies have started at home or in a garage, but at some point, it makes sense to move to business premises. Committing to your first commercial lease is an important step in the life of a young business and...
Becoming or working towards being a greener business is nothing new, but the pressures are mounting to take environmental issues more seriously as an important corporate responsibility, and to show real action and commitment beyond just marketing puff. ...
News stories about well-known retailers forcing landlords to renegotiate commercial leases as part of a voluntary insolvency arrangement have encouraged some tenants to ask for a better deal. A lease is a formal contract and, unless a tenant is...
The opportunity to purchase a competing or complimentary business provides an important route to expansion, but it is important to be clear about what exactly you are acquiring in a business - whether this is via shares or assets. It is crucial that any...
Businesses may need to send someone to court for a variety of reasons; from recovering an unpaid debt or contractual overpayment, to defending a personal injury claim or tax action brought against them by HMRC. Whatever the circumstances, there will be a...
A significant percentage of land in England and Wales is still unregistered and a large part of that is agricultural and rural land. Why? Well, agricultural land often remains within the same ownership for decades and land which was purchased before...
When the New York Times announced in February 2022 that they had bought the popular free to play word game Wordle for a seven-figure sum, there were a few raised eyebrows. How could a game that was only launched a few months earlier, which has never...
Adrenalin may be running high if you are on the verge of buying a business or selling the company you have built from scratch. You may have already sought professional advice regarding the company valuation but there are other critical issues on which...
New legislation taking effect from 15 June 2022 requires all new homes, construction projects, workplace, and retail buildings to install electric vehicle (EV) charging points. Currently, the UK lacks the electric charging infrastructure which is needed to...
Contractual rights v tortious remedies When a problem arises in a business relationship, many people mistakenly believe that the only thing they need to check in order to ascertain their respective rights and obligations will be the terms of any contract...
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...
It is not uncommon for commercial landlords and tenants to disagree about the extent to which repair, redecoration and reinstatement obligations have been complied with when a lease comes to an end. Disputes of this nature are known as a ‘dilapidations...
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...
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...
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. ...
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...
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...
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...
Key points to consider as part of your business and farming family resilience. When considering the issue of resilience specifically in connection with your agricultural business there are certain points where our team of specialist land law...
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,...
Greater damages likely under new ‘scope of duty of care’ test in professional negligence claims. In June 2021, the Supreme Court issued a judgment which has the potential to make it easier for clients who have received negligent...
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...
The Coronavirus Act 2020 currently prevents landlords evicting commercial tenants for non-payment of rent. This restriction will, in principle, remain in place until 25 March 2022. This rent moratorium was first introduced in March 2020 as part of the...
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...
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...
With the coronavirus still disrupting supply chains and causing financial difficulties, it is unsurprising that some trading partners are unable to meet their contractual obligations to provide goods, services, or remittance within previously agreed...
It was a delightful to work with you and we will certainly come to you again for legal work.
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We have come across other legal teams and seen how their services have worked and we would highly recommend Crombie Wilkinson as they are competent and approachable in their services.
Everything was explained clearly and as a first time buyer I found this particularly helpful.
Have huge confidence in Crombies, always listen, always act.
Having had previous property related work completed in a prompt and satisfactory manner we were more than happy to approach your company for further work on our behalf.
Your firm did an excellent job meeting my expectations at a sensible cost.
You are available for the client, you communicate with the client, you do this within 24-48 hours, we feel safe with you because of this.
Our solicitor, secretary and the reception staff all excellent service.
Quick and easy, I have already recommended a friend, they are also using you to buy a house.
Your patience and support has been much appreciated. You helped me through a very difficult, frustrating time but I am already settled in my new home and the children all feel happy there, in fact they have hardly left!!
Everyone was so friendly, we were soon put at ease.
Immediate attention and sunny disposition, caring, nothing was too much. Levels of service are perfect, no improvement necessary.
I was very pleased with Crombie Wilkinson. I will in future always go back with any problems I may have.
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