Entries by Ian Randall

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Why you should not represent yourself at an Employment Tribunal

The Employment Tribunal process is governed by the Employment Tribunals Rules of Procedure 2013 (amended up to October 6, 2021). For many claimants, navigating this process without legal representation can be challenging, and seeking professional guidance is often recommended. Initial Steps: Notifying ACAS and Early Conciliation Notifying ACAS: Before submitting a claim, you must notify […]

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Construction Adjudication Intricacies

Adjudication is a mandatory dispute resolution process specifically designed for the construction industry, introduced under the Housing Grants Construction and Regeneration Act 1996 (Construction Act 1996). It provides a fast, 28-day mechanism (extendable by agreement) to address and resolve disputes, ensuring continued cash flow during a project. This approach is often referred to as “pay […]

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The Importance Of Obtaining Early Legal Advice

Commercial disputes are an inevitable part of business for many owners. These conflicts—whether breaches of contract, non-payment issues, or internal disputes—can disrupt operations, harm relationships, and damage reputations. While not all disputes lead to litigation, managing them effectively from the start is essential to avoid serious repercussions. Types of Commercial Disputes Contract Breaches and Non-Payment […]

Who Can Give Business Law Advice?

The simple answer to this question is a ‘Lawyer’ a person who practices law, whether as a Barrister, Solicitor, or Chartered Legal Executive, Attorney & Counsellor at law, Foreign Qualified Lawyer and Paralegals. Lawyer in the context I refer to it is much wider than would be expected and reflects changes introduced by the Legal […]

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What is Alternative Dispute Resolution?

In the resolution of a civil dispute anyone is entitled to a fair hearing within a reasonable time, at a reasonable cost, and with appropriate independent input to ensure fairness. There are, however, circumstances in which options other than litigation may be more cost effective, quicker, or flexible, while still resulting in a fair outcome. […]

Directors of Companies in Financial Difficulties

While a company is trading solvently, the duties of the directors are owed to the company for the benefit of present and future shareholders. However, once the company becomes insolvent, or there is doubt as to its solvency, the directors must also consider or act in the interests of the company’s creditors in order to […]

Board Meetings

The management of a company is invariably delegated, under the company’s articles, to the board. Articles will typically provide that the business of the company is to be managed by the directors, who are empowered to exercise all the powers of the company, the powers must usually be exercised by the board collectively at a […]