Articles & Downloads / Rachel Toner

Rachel Toner

Russian Roulette or Mexican Shoot Out in the Boardroom?

28 November 2018

Shareholder disputes can be thorny, but to suggest you resolve them by resorting to Russian roulette or a Mexican shoot out may seem extreme. However, these are methods for disputing shareholders to agree a share price so one party can exit. When a dispute arises creating a deadlock in decision making, the difficulties can escalate to the detriment of the company. It is therefore vital the shareholders consider the ways which they can break deadlock before damage to the company is irreparable. Read More

Rachel Toner

Directors’ Duties and Avoiding the Hot Seat

07 August 2018

The fundamental principle of company law is that a limited company is a separate legal entity, meaning the company will be held liable for its actions, debts and obligations as opposed to the directors. This is known as the “corporate veil”, behind which the directors are usually protected from liability. However, this shield is not impenetrable and in certain circumstances a court may pierce the corporate veil and find the directors personally liable. As a result, it is vital that directors understand their duties and how to minimise the risk of sitting in the hot seat of personal liability. Read More

Rachel Toner

Shareholder Agreement – Prenup for Companies

28 February 2018

Much like a newly married couple, in the excitement of forming a new company shareholders may not give much thought as to what would happen if they were to fall out. Should relationships unravel, company law that governs disputes is particularly complex and not as well trodden as the case law in relation to divorce. Accordingly, the outcome for feuding shareholders can be convoluted with limited solutions. Read More

Rachel Toner

Protection for commercial tenants when their Landlord becomes insolvent

25 April 2017

As a way for Landlord’s to protect themselves, usually commercial leases contain termination clauses which are triggered when the tenant fails to uphold their obligations i.e. payment of rent. However, the recession has caused a shift in patterns and recently we are seeing landlords becoming insolvent and therefore failing to uphold their obligations. In this scenario, where do tenants stand and what protection can be afforded to them? Read More

Rachel Toner

Legal Survival Kit for the First Time Buyer

20 February 2017

Purchasing your first home can be a daunting prospect. We’ve put together a guide to the key issues that can negatively impact on a first-time home buyer, the key stages of the buying process and some helpful professional tips regarding the legalities of your purchase. Read More

Rachel Toner

Why landlords must take care if opposing a tenancy renewal

06 December 2016

In a growing market landlords and developers alike may take the opportunity to develop their holdings. Consequently, an increasing number of tenancy renewals may be opposed. Can a landlord lawfully oppose a renewal on the ground that they wish to redevelop the unit? Read More

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