Articles & Downloads / Celia Worthington

Celia Worthington

Check your Bank Terms

15 January 2019

Most businesses borrowing from a Bank will consider carefully the terms of the Bank facility agreement. Even in situations where there is no scope for amendment it is prudent to consider the document carefully to ensure that as a borrower you fully understand the risks. Many of the terms in the facility letter are standard but many are obviously case specific and some may be up for negotiation if circumstances permit. Read More

Celia Worthington

Are your terms certain?

13 September 2018

An essential element to any contract is certainty of terms. A recent case in the Court of Appeal, Robert Bou-Simon –v – BGC Brokers LP, highlighted the risks once again where terms to a contract were not clearly recorded in written documentation between the contracted parties. Read More

Celia Worthington

Starting Up in Business

02 June 2017

If you are thinking of starting your own business make sure you give consideration to the legal structure. The most common are sole trader or partnership (where there are to be more than one owner of the business) or you can form a limited company. Read More

Celia Worthington

Never take chances when serving legal notices

04 October 2016

It is a basic rule in law that requirements for the service of notices whether pursuant to a contract or statute must be strictly complied with. This is a harsh rule which has been continually tested by the courts culminating in the 1997 House of Lords case in which a principle was developed (known as the Mannai principle after the name of one of the parties to the action) which mitigated against the harshness of the rule by allowing a defect in a notice not to invalidate the notice in circumstances where the defect is minor and the reasonable recipient with knowledge of the factual and contextual background would not be perplexed by the error. Read More

Celia Worthington

An Unfortunate Break Up?

13 November 2015

The Companies Act 2006 allows a member of a company to make an unfair prejudice petition to the Courts if it is believed that the affairs of the company are being conducted in a manner which is unfairly prejudicial to a member’s interests. If the Court is satisfied that the petition is well founded it may make any appropriate order. Read More

Celia Worthington

A Tenant Loses Out!

23 September 2015

Celia Worthington, Partner, considers the High Court in England and Wales' recent decision that the Tenant of a building used as an amusement arcade in Folkstone is not entitled to claim ownership of a portion of its building which was covered in a street mural attributed to the street artist Banksy Read More

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