COMPANY & COMMERCIAL LAWYERS

COMPANY & COMMERCIAL LAWYERS

At Mercantile Barristers we have an in-depth knowledge and experience of commerce and industry. Although our clients range from sole traders to limited liability companies (“Ltd”), the core of our instructions come from small business and medium sized businesses (collectively referred to as SME’s). Our barristers are available to provide SME legal advice and support, as we recognise that small business is the lifeblood of the UK and many countries abroad.

Our Direct Access Barristers specialise in Business Law, Company Law and Commercial Law that affect small businesses and are available to advise small enterprises on a broad range of business, corporate and commercial matters including company formation; mergers and acquisitions; franchising; asset, project and corporate finance; personal insolvency; company insolvency; and shareholder agreements and shareholder disputes.

We also provide SME legal advice to clients so they have efficient legal frameworks for profitable commercial transactions and relationships as well as sound corporate governance. Our barristers have particular expertise in assisting SME clients and their professional advisers such as accountants and financial advisers with the rectification or removal of financial statements and validation statements lodged with statutory bodies such as Companies House or Her Majesty’s Revenue and Customs (“HMRC”) which may otherwise have an adverse impact on their enterprise.

Additionally, legal advice from our barristers extends to entrepreneurs and business angels investing in start-ups, SME’s, large corporations, private investors and venture capitalists.

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We do not undertake legal aid work, free consultations nor work on a no win, no fee basis.

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SERVICES

These are the services we provide.

  1. Confidentiality Agreements
  2. Contracts Dispute and Legal Advice
  3. Directors Roles & Duties
  4. Insolvency Claims & Bankruptcy
  5. Shareholders Agreement & Disputes

CONFIDENTIALITY AGREEMENTS

Our Company and Commercial lawyers are adept at advising on the necessity for protection and are skilled in crafting sound Non-Disclosure Agreements (NDAs) and non-compete agreements that protect our clients’ legal interests and are capable of withstanding judicial scrutiny or challenge. We can also review and amend your existing NDA or non-compete agreement to confirm its efficacy.

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CONTRACT DISPUTES & LEGAL ADVICE

Our Company and Commercial lawyers are adept at providing legal advice to clients on the dispute resolution process when it comes to contract disputes. We regularly receive instructions from SMEs and individuals on the drafting and legal disputes arising from agency agreements, collaboration agreements, confidentiality and exclusivity agreements, distribution and supply agreements, franchise agreements, joint venture agreements, manufacturing agreements, service level agreements, software licences; and terms and conditions of business.

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DIRECTORS ROLES & DUTIES

At Mercantile Barristers, we understand the particular standards required of decision makers and leaders in businesses, advising on the most appropriate form of agreements to curb or expand a director’s authority and drafting appropriate employment or service contracts to protect businesses.

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INSOLVENCY CLAIMS & DISPUTES

Our Company and Commercial lawyers specialise in presenting and defending winding up petitions presented against companies for the non-payment of a demand or debt. Where necessary, our commercial lawyers bring their considerable skills to negotiate debt with both creditors and debtors to achieve a settlement.

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SHAREHOLDER AGREEMENTS & DISPUTES

Our Company and Commercial lawyers advise on all forms of shareholders’ agreements arising out of all business transactions from investment to Joint Ventures (“JVs”) and from start-ups to mergers. We are also able to draft shareholder agreements with a commercial eye and business acumen, which are fundamental necessities to protecting clients’ interests.

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COMPANY & COMMERCIAL CASE EXAMPLES

H SANDBERG, A EL-SADEK AND D EL-SADEK –V- AURIOL MANAGEMENT LIMITED

The client, a Management Company, approached our chambers to advice on the matter of other freeholders bringing an action against the company with respect to the alleged mismanagement of the building by the Management Company. We fully advised them and provided representation for the client at the First Tier Lands Tribunal.

S AZIMI (1) ZAFARAN LTD (2) SHOREDITCH LOUNGE LTD (3) SHOREDITCH COTTAGE LTD (4) –V- MR S H HOSSEINI

This new client of ours was the owner of multiple entertainment establishments and found himself inexplicably barred from their premises and bank accounts by a party purporting to own the business. We were asked to advice on the merits of injunctive relief for our clients with respect to the unlawful use of their premises, which we ultimately secured.

FRIVVING LIMITED & OTHERS -V- KSEYE CAPITAL NO. 1 LIMITED & OTHERS

Our chambers were instructed to deal with a matter involving the wrong listing of several properties on the website of a leading auction house. Our clients claimed that the properties were assets of a business infrastructure, which they had financed through a series of commercial loans. An attempt was made to recall the loans for listing the properties for auction. We successfully made an ex parte application to prevent the listing of the properties and advised the clients on their refinancing options.

S AZIMI (1) ZAFARAN LTD (2) SHOREDITCH LOUNGE LTD (3) SHOREDITCH COTTAGE LTD (4) –V- MR S H HOSSEINI

This new client of ours was the owner of multiple entertainment establishments and found himself inexplicably barred from their premises and bank accounts by a party purporting to own the business. We were asked to advise on the merits of injunctive relief for our clients with respect to the unlawful use of their premises, which we ultimately secured.

FRIVVING LIMITED & OTHERS -V- KSEYE CAPITAL NO. 1 LIMITED & OTHERS

Our chambers were instructed to deal with a matter involving the wrong listing of several properties on the website of a leading auction house. Our clients claimed that the properties were assets of a business infrastructure, which they had financed through a series of commercial loans. An attempt was made to recall the loans for listing the properties for auction. We successfully made an ex parte application to prevent the listing of the properties and advised the clients on their refinancing options.

FRENCHEYE (STRATFORD) LIMITED -V- THE LONDON BOROUGH OF NEWHAM

The client, a fashion retailer instructed our barristers having been given notice of a rise in their commercial business rates. We advised on a number of related issues and represented the client at trial in Thames Magistrates Court.

SKIPTON BUSINESS FINANCE LTD -V- QBL GROUP BUILDING SERVICES LTD

Our barristers were instructed to act for a company in the High Court that had been issued with a winding up petition and the various business repercussions resulting thereof. We were successful in securing the setting aside of the petition and further advised the client in negotiations with the claimant.

AL GALI LIMITED –V- GOLD CROWN FOOD LIMITED

We were approached by a new client, the owner of a commercial food production business, and his accountant to advice on a shareholder dispute, and subsequent company breakdown. We were required to apply a forensic eye to trace missing sums of money, locate a director who had allegedly misused company money, and to help the client re-establish a new company to preserve their interest.

THRINGS LLP -V- WHITELANDS INVESTMENTS LIMITED

A client instructed our chambers as they required assistance having been pursued for professional fees. The client claimed that a related issue necessitated the non-payment of fees and proceedings were ongoing. Our barristers advised the client closely with respect to litigation.

UK LAND SERVICES -V- BERKSHIRE COUNTY COUNCIL

A property developer intended to take on a medium sized residential project and came to our barristers for advice on a complex planning issue. We gave advice as to how the developer could secure planning permission whilst realising the full commercial value of the project.

HMRC -V- KINETICA LEISURE LTD

A commercial client came to Samuel having received a winding up petition. We gave advice in conference and subsequently successfully defended the client against the petition in Court.

LEVER BROTHERS & CO -V- (1) THE REGISTRAR OF COMPANIES AND (2) THE TREASURY SOLICITOR

Our barristers advised and represented an accountancy firm in their motion to secure a court order for removal of documents from Companies House under section 1096 of the Companies Act 2006

For any legal enquiry relating to Business, Company & Commercial Law, please call our clerks on +44 (0) 20 3034 0077 or send your details or email us clerks@mercantilebarristers.com

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