This article looks at the grounds for director disqualification as well as the legal framework that governs these processes and what directors should do if facing disqualification, empowering directors to better navigate their responsibilities and potential challenges.
Continue Reading
Nikhil Mehan
If you are a business owner and still see cyber threats as “just an IT issue,” it’s time for a rethink. The UK Government and the National Cyber Security Centre has recently released a Cyber Governance Code of Practice (the Code) — and it’s aimed squarely at the boardroom.
Continue Reading
Elizabeth Wilkinson
We have noticed an increase recently in instructions from clients who own shares in private companies and who for a variety of reasons want to leave and sell their shares but find this difficult to achieve.
Continue Reading
Richard Riley
The recent high-profile cyber breaches at Marks & Spencer, the Co-operative Group, and the Legal Aid Agency underscore the risks that even large, well-resourced organisations face in managing personal data. These incidents also demonstrate the importance of maintaining not only effective security measures, but also robust breach response plans, as required by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Continue ReadingIn today’s fast-paced commercial environment, Supply Agreements are the backbone of many business operations. Whether you’re a manufacturer, distributor, or retailer, having a robust and legally sound supply contract is essential to mitigate risk, ensure continuity, and maintain strong commercial relationships.
Bermans has appointed a new head of its commercial team and a litigation partner as it continues to strengthen its ranks with key strategic hires.
Jonathan Berkson
Jonathan joined Bermans in 2013 following a stellar career with leading national firm and was the Liverpool Law Society’s “Solicitor of the Year”. He has become a key member of the asset based lending team. He will be a familiar face to many of you assisting lenders with commercial recovery work and he has worked on some highly complex cases, including acting for a US commercial financier in a claim under a Connecticut law guarantee against a UK based guarantor.
Continue ReadingAs we write, the Supreme Court has begun the three-day hearing in the conjoined appeals in the Close Brothers litigation referred to above, concerning so-called secret commissions paid to brokers by lenders in the motor industry. The key issues to be examined by the Court include:
Continue ReadingMarch 2025 saw the decision of the High Court in Angel v Black Horse Ltd [2025] EWHC 490 (KC) (Mr Justice Ritchie).
Continue ReadingKeen readers of this newsletter will recall the discussion of Frischmann v Vaxeal Holdings SA [2023] EWHC 2698 (Ch) (Spring, 2024). To recap, Frischmann was a challenge to the assignment of rights under two loan agreements and a guarantee. This involved consideration of the requirements of a valid legal assignment (sometimes called a statutory assignment), i.e., one pursuant to section 136 of the Law of Property Act 1925 (“LPA 1925”). Among other things, s.136 requires the assignment to be in writing and “under the hand of the assignor” – in other words, signed by the assignor.
Continue Reading
| 
