Business sales and purchases

Purchasing a new business is an exciting time for entrepreneurs, but there are a number of potential stumbling blocks which need professional legal advice.

It is difficult for someone analysing a business from the outside to understand its real value, but, along with our client's accountants, Harrison Drury can build up a true picture of the target business and deal with the contracts and warranties to provide protection if the business doesn't turn out to be everything the seller portrayed it to be.

Harrison Drury has an established reputation of acting for small to medium sized enterprises which are looking to acquire businesses to grow and develop their own operation, employees who are looking to buy the business they work for or individuals who are seeking to invest in a business. We also represent business owners who are looking to sell their business.

Business disputes

Most businesses will, at some stage, become embroiled in a commercial dispute which can be time consuming and costly to resolve. Harrison Drury's approach to commercial disputes is to identify what our client wants to achieve, assess the legal and commercial strength of our client's position, and advise on what we believe to be the most effective way of resolving the dispute and allow our client to get on with what they do best: running a business.

We handle a range of commercial disputes including:

• commercial property
• commercial contracts
• company matters
• construction agreements
• insurance
• partnership issues
• professional liability

Employment law

Employee's rights have improved dramatically over recent years with the introduction of new legislation, but this means employers are under increasing pressure to make sure they take care of these rights. Employment contracts and documentary evidence of the implementation of policies ensures employee's rights are given effect and help to guard against successful claims against employers. Adhering to employment regulations also enhances the value of a business and eases through a sale in the event of a business disposal. Harrison Drury can help employers to set up procedures which comply with their employment obligations and demonstrate their credentials as a responsible employer. Even the best employer in the world is not immune from a claim from a disgruntled employee, and we can offer advice and representation should such a claim arise.

Insurance

All businesses have insurance policies such as public liability, employer's liability, business assets and interruption cover, or insurance of commercial premises. These policies are taken out as safeguards in hope that you will never have to fall back on them. But, if disaster strikes, you expect to be covered and/or compensated through your insurance policies. However, the terms of commercial insurance contracts are complex and your claim under the policy may be rejected by the insurer on the basis that the risk was not covered, or a warranty has been breached. If such circumstances arise we can advise on the legal interpretation and construction of the insurance contract, and if we advise that the insurer has rejected your claim unlawfully, bring a claim against the insurer for breach of contract.

Licensing

Our specialist licensing department is run by a former local authority licensing manager and solicitor, Andrew Bartlett.

We have handled hundreds of applications and have an awareness and understanding of local political and policy decisions. Variations in interpretation of the law exist between one local authority and another and we have experience of the differing interpretations of all the surrounding authorities (and many more). In order to avoid unpleasant surprises, the prudent license holder will scrutinise their license and confirm the approach of an individual authority.

Since the introduction of the Licensing Act 2003, our client base expanded as our reputation for dealing with the demands of the new legislation became widely known.

If you are contemplating buying licensed premises Harrison Drury & Co can help you. Questions need to be asked that result in you knowing exactly what it is that you are acquiring (and whether there is any potential to extend the licensed activities after the purchase is completed). Similarly, if a disposal is contemplated, an assessment of the current licensed activities may indicate that a variation is required in order to maximise the value of the business or widen the range of potential buyers.

The Harrison Drury dedicated licensing team combines specialist knowledge of licensing law with an appreciation of the differing circumstances individual clients face. If your business or home is affected by licensed premises you may want to know if there is anything that you can do about the way that the premises operate, please call Andrew Bartlett on 01995 607950.

Partnership & shareholder disputes

The management of companies and business partnerships can become problematic for a number of reasons, including when there is a divergence of views on the future of the business. These disputes can be very delicate and acrimonious, with the future of the business at risk if they are not resolved professionally. Harrison Drury can help to resolve partnership and shareholder disputes by working with those involved to find practical solutions which meet the objectives of the firm or company and the parties involved.

Professional liability

Allegations of professional negligence are sensitive and can be extremely damaging for your business. Professional advisers are in a privileged position of trust but when professional standards slip, or unwarranted criticism is being levelled at professional advisers, decisive action is needed. We have extensive knowledge of handling these cases for a number of large firms.

We can act on matters including:

• Negligence claims against surveyors relating to property surveys and valuations
• Claims against project managers, architects, building surveyors and other property professionals arising from construction projects
• Claims against solicitors arising from property transactions
• Claims against accountants relating to the provision of advice in the context of corporate acquisitions, the preparation of audited and management accounts and the provision of tax advice