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9 Stone Buildings

Experts

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Giselle McGowan
Giselle McGowan
Lawyer
9 Stone Buildings
Graham Callard
Graham Callard
Barrister
9 Stone Buildings
Contributions by 9 Stone Buildings Experts

107

The supply of components to my business from Italy is late and I don’t know when they will be delivered because of coronavirus (COVID-19). I am about to miss the deadline to supply my products to a customer, what can I do?
The supply of components to my business from Italy is late and I don’t know when they will be delivered because of coronavirus (COVID-19). I am about to miss the deadline to supply my products to a customer, what can I do?
Q&As

Three trustees, one of whom no longer has capacity but has a Lasting Power of Attorney attorney, hold title to charity land. The remaining two competent trustees wish to retire and appoint replacements. What is the procedure to vest the land in the new trustees and does the LPA attorney have to be involved?
Three trustees, one of whom no longer has capacity but has a Lasting Power of Attorney attorney, hold title to charity land. The remaining two competent trustees wish to retire and appoint replacements. What is the procedure to vest the land in the new trustees and does the LPA attorney have to be involved?
Q&As

What considerations are raised when a supplier, who has successfully won a contract subject to the Public Contracts Regulations 2015, SI 2015/102, obtains consent to sub-contract the entire provision of the goods or services to a group company?
What considerations are raised when a supplier, who has successfully won a contract subject to the Public Contracts Regulations 2015, SI 2015/102, obtains consent to sub-contract the entire provision of the goods or services to a group company?
Q&As

What considerations should practitioners be taking into account when deciding whether or not the provisions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 apply to agency, introducer, or commission agreements?
What considerations should practitioners be taking into account when deciding whether or not the provisions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 apply to agency, introducer, or commission agreements?
Q&As

What is the legal authority for a life tenant of a settlement to live in property held by the settlement?
What is the legal authority for a life tenant of a settlement to live in property held by the settlement?
Q&As

What is the position for schools who contractually owe a duty to deliver a service paid for but are unable to provide it? Is there a force majeure​?​ If not, What must schools do to ensure they meet their contractual obligations in the pandemic? If they cannot deliver, are students entitled to a refund?
What is the position for schools who contractually owe a duty to deliver a service paid for but are unable to provide it? Is there a force majeure​?​ If not, What must schools do to ensure they meet their contractual obligations in the pandemic? If they cannot deliver, are students entitled to a refund?
Q&As

What is the process for authorising a non-director to sign contracts on behalf of a company?
What is the process for authorising a non-director to sign contracts on behalf of a company?
Q&As

What is the required form of statement in the acquisition, disposal or transfer of ownership exception in regulation 4(i) of the Business Contract Terms (Assignment of Receivables) Regulations 2018, SI 2018/1254?
What is the required form of statement in the acquisition, disposal or transfer of ownership exception in regulation 4(i) of the Business Contract Terms (Assignment of Receivables) Regulations 2018, SI 2018/1254?
Q&As

What is the status of a winding-up petition if the winding-up order is rescinded? Does the rescission of the winding-up order also dismiss the petition, or does the petition continue to exist (meaning the company could potentially fall foul of section 127 of the Insolvency Act 1986 if it sells property in the interim, only for the company to be placed back into liquidation at a later date)?
What is the status of a winding-up petition if the winding-up order is rescinded? Does the rescission of the winding-up order also dismiss the petition, or does the petition continue to exist (meaning the company could potentially fall foul of section 127 of the Insolvency Act 1986 if it sells property in the interim, only for the company to be placed back into liquidation at a later date)?
Q&As

What is the statutory age for trusteeship? I am aware that a director of a company can be 16 years old but what about a trustee of a trust or other unincorporated association?
What is the statutory age for trusteeship? I am aware that a director of a company can be 16 years old but what about a trustee of a trust or other unincorporated association?
Q&As

What practical steps can be taken to prevent the business bank account being frozen on the death of a sole trader or partner where the partnership is then dissolved as a result of the death? Are there any practical steps that can be taken during the business person's lifetime or on their death by their PRs? It may be possible to obtain an emergency grant, but we would be keen to know if anything can be done to prevent the problem in the first place.
What practical steps can be taken to prevent the business bank account being frozen on the death of a sole trader or partner where the partnership is then dissolved as a result of the death? Are there any practical steps that can be taken during the business person's lifetime or on their death by their PRs? It may be possible to obtain an emergency grant, but we would be keen to know if anything can be done to prevent the problem in the first place.
Q&As

What problems might arise when a deceased spouse’s share in property which is subject to a mortgage passes to a life interest trust?
What problems might arise when a deceased spouse’s share in property which is subject to a mortgage passes to a life interest trust?
Q&As

Where a business to business (B2B) contract provides for a fee to be increased annually at the supplier’s ‘prevailing rate’, is there a requirement for such rate increase to be ‘reasonable’?
Where a business to business (B2B) contract provides for a fee to be increased annually at the supplier’s ‘prevailing rate’, is there a requirement for such rate increase to be ‘reasonable’?
Q&As

Where a clause in a Will trust allows a beneficiary to reside in a trust property for life subject to keeping the property in good repair, how is ‘good repair’ interpreted and what options are available to the trustees to enforce any breaches?
Where a clause in a Will trust allows a beneficiary to reside in a trust property for life subject to keeping the property in good repair, how is ‘good repair’ interpreted and what options are available to the trustees to enforce any breaches?
Q&As

Where a company is looking to occupy an office space on a short term exclusive basis, would the parties enter into a tenancy at will or a licence to occupy? Are there any material differences between the two documents?
Where a company is looking to occupy an office space on a short term exclusive basis, would the parties enter into a tenancy at will or a licence to occupy? Are there any material differences between the two documents?
Q&As

Where a contract prevents one party (A) from soliciting the employees of the other party (B) for a period of 12 months following the termination of the contract between the parties, is this effective to prevent the solicitation of an ex-employee of (B) who left (B) five months ago and is working independently and an ex-employee who has left B and set up as a consultant through a service company?
Where a contract prevents one party (A) from soliciting the employees of the other party (B) for a period of 12 months following the termination of the contract between the parties, is this effective to prevent the solicitation of an ex-employee of (B) who left (B) five months ago and is working independently and an ex-employee who has left B and set up as a consultant through a service company?
Q&As

Where a termination clause permits termination when a party ceases to carry on business, is there a legal definition of ‘ceases to carry on business’? Does the party have to fully terminate all business activities to be deemed to cease to carry on business? If the party ceases a substantial part of its business or is winding down (making 80% of its staff redundant or closing down warehouses), would it be sufficient to be deemed to ‘cease to carry on business’?
Where a termination clause permits termination when a party ceases to carry on business, is there a legal definition of ‘ceases to carry on business’? Does the party have to fully terminate all business activities to be deemed to cease to carry on business? If the party ceases a substantial part of its business or is winding down (making 80% of its staff redundant or closing down warehouses), would it be sufficient to be deemed to ‘cease to carry on business’?
Q&As

Where a testator has assets in the UK and real property in France and wishes English law to apply to their worldwide estate, should they make separate English and French Wills (both electing English law to apply under the EU Succession Regulation) or is it preferable to have just one Will covering all the assets?
Where a testator has assets in the UK and real property in France and wishes English law to apply to their worldwide estate, should they make separate English and French Wills (both electing English law to apply under the EU Succession Regulation) or is it preferable to have just one Will covering all the assets?
Q&As

Where an alternative fund manager falls within regulation 10(2) of the Alternative Investment Fund Managers Regulations 2013 as an internally managed closed ended company, are there any restrictions on what the fund can invest in?
Where an alternative fund manager falls within regulation 10(2) of the Alternative Investment Fund Managers Regulations 2013 as an internally managed closed ended company, are there any restrictions on what the fund can invest in?
Q&As

Where an executor E who has appointed an attorney A to take administration under a general power of attorney (pursuant to the Non-Contentious Probate Rules 1987 (NCPR 1987), r 31(1)) subsequently loses capacity, does the grant that was issued to A continue to be effective, or is it invalidated by E’s mental incapacity? If the latter, would a further grant need to be taken out under a lasting power of attorney using NCPR 1987, r 35?
Where an executor E who has appointed an attorney A to take administration under a general power of attorney (pursuant to the Non-Contentious Probate Rules 1987 (NCPR 1987), r 31(1)) subsequently loses capacity, does the grant that was issued to A continue to be effective, or is it invalidated by E’s mental incapacity? If the latter, would a further grant need to be taken out under a lasting power of attorney using NCPR 1987, r 35?
Q&As

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