Business Law and Corporate Law

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.
Article
Good Intentions Aren't Good Enough: Saxon Woods Investments Limited v Francesco Costa And The Objective Test For Directors Under Section 172 Of The Companies Act 2006
The Supreme Court's landmark ruling in Saxon Woods Investments Limited v Francesco Costa establishes a critical precedent for director duties under section 172 of the Companies Act 2006. Can a well-intentioned director pursue an alternative strategy that contradicts the collective will of the board, even if they genuinely believe it serves the company's best interests?
United Kingdom Commercial
TS
Travers Smith LLP
Article
Trustee Duties In The Age Of AI: What Charity Boards Need To Know
As artificial intelligence becomes embedded in everyday charity operations—from fundraising and donor analysis to governance and service delivery—trustees face a critical question: how do existing governance duties apply to this rapidly evolving technology? With formal charity-specific AI regulation remaining limited, boards must navigate opportunities and risks using established principles of stewardship, care and accountability.
United Kingdom Commercial
MR
Mills & Reeve
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Article
How Can A Trust Be A Financial Resource?
When a family trust is connected to your marriage, understanding its potential impact on your financial settlement is crucial. The court's approach focuses not on legal ownership, but on whether the trust is likely to provide financial support to either spouse now or in the foreseeable future. This analysis explores how discretionary trusts, family trusts, and trust beneficiary status are evaluated in divorce proceedings, examining the key factors that determine whether trust assets become relevant resource
United Kingdom Family
JS
JMW Solicitors LLP
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Article
IP Problems That Can Kill A Funding Round
Investors often discover during due diligence that startups do not fully own, control, or protect their most valuable assets. From missing assignment agreements to undisclosed open-source obligations, these common intellectual property pitfalls can delay transactions, reduce valuations, or derail funding rounds entirely. Understanding these five critical IP issues before a funding round begins can help both investors and founders reduce risk and preserve value.
United Kingdom IP
KL
Keltie LLP
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Article
A Precedent For The Platform Age: The Booking/eTraveli Judgment And Its Implications For Digital M&A
The European General Court has upheld the Commission's prohibition of Booking's acquisition of eTraveli Group, endorsing a novel 'ecosystem' theory of harm that allows intervention even where market share increases are minimal. This landmark ruling significantly expands the Commission's ability to challenge acquisitions by dominant firms in digital markets, establishing that transactions which merely perpetuate existing low levels of competition can constitute significant impediments to effective
United Kingdom Anti-trust
SM
Slaughter & May
Article
Few Surprises, As The CMA Finalises Its Revised Approach To Merger Efficiencies
The UK Competition and Markets Authority has formalised its new approach to assessing efficiency arguments in merger control cases, marking a significant shift toward a more holistic evaluation framework. This updated guidance, which emerged from the CMA's 4Ps initiative, introduces the concept of Rivalry-Enhancing Efficiencies and establishes clearer pathways for merging parties to demonstrate competitive benefits.
United Kingdom Anti-trust
M
Macfarlanes LLP
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Article
Good Intentions Aren't Good Enough: Saxon Woods Investments Limited v Francesco Costa And The Objective Test For Directors Under Section 172 Of The Companies Act 2006
The Supreme Court's landmark ruling in Saxon Woods Investments Limited v Francesco Costa establishes a critical precedent for director duties under section 172 of the Companies Act 2006. Can a well-intentioned director pursue an alternative strategy that contradicts the collective will of the board, even if they genuinely believe it serves the company's best interests?
United Kingdom Commercial
TS
Travers Smith LLP
Article
Saxon Woods: The Supreme Court revisits directors’ duties
A Supreme Court ruling examines whether a director who deliberately delayed a company sale beyond a shareholder agreement deadline breached fiduciary duties under section 172 of the Companies Act 2006, even though he genuinely believed the delay would benefit the company financially. The case clarifies that the good faith requirement extends beyond a director's thought process to encompass their actual conduct, establishing important boundaries for directorial discretion when contractual obligations conflic
United Kingdom Commercial
MR
Mills & Reeve
Article
Understanding Directors' Loan Account And An Overdrawn Loan Account: The Risks, Tax Implications And How To Resolve Them
Overdrawn directors' loan accounts can trigger significant tax liabilities and personal risks for company directors. Understanding the rules around Section 455 tax, benefit-in-kind reporting, and repayment deadlines is crucial to avoid penalties and potential insolvency complications. Directors who fail to properly manage these accounts may face HMRC disputes, personal liability for debts, and even disqualification proceedings.
United Kingdom Tax
W
Weightmans
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